Ariella Brown

The Legal Limits for On-Call Shifts

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Ariella
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Re: Lowest rung of the employment ladder
Ariella   5/21/2015 6:08:05 PM
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@PC In the dot com heyday, programmers did practically call the shots, but I don't know if we'll ever see the likes of that again. 

PredictableChaos
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Re: Lowest rung of the employment ladder
PredictableChaos   5/21/2015 5:08:25 PM
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@Ariella,

Glassdoor can help shift knowledge and power to the employees. LinkedIn and Indeed should help here too.

At the bottom of the business cycle, anyone who is able to hire wields the power. And the employees on the lowest rung of the employment ladder will continue to have the fewest options.

But wait until the economy is humming along a little better and the employers who didn't take care of their people may wake up and find that everyone has left for better options.

Ariella
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Re: Lowest rung of the employment ladder
Ariella   5/21/2015 11:36:36 AM
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Interesting, @SethBreedlove. Thanks for sharing. I'm imagining what would happen if that would extend to academia in the same terms. Then instead of hiring 2 adjuncts to cover a full time course load, shouldn't the college be compelled to extend the extra classes to a single one? That would be quite radical, as back when I was still teaching, adjuncts had to compete for a semblance of full time status with 3 or 4 classes a semester guaranteed along with a set pay rate that was comparable to what an entry level worker earns.

SethBreedlove
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Re: Lowest rung of the employment ladder
SethBreedlove   5/21/2015 11:26:49 AM
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The San Francisco law now affords many protections for retail workers.   My wish is that it would be extended to clerical and other type of workers as well.

 More about the law can be found here: http://retailworkerrights.com/get-the-facts/

 Here is what the bill covers.

 Promoting Full-Time Work and Access to Hours

 To promote access to full-time employment and career growth, if a formula retail employer has additional hours of work to offer in job positions held by current part-time employees, the employer  shall offer those hours of work first to existing qualified employees before hiring additional part-time employees or before securing additional employees through the services of a temporary services agency, staffing agency or any similar contractor.

 Encouraging Fair, Predictable Schedules

 Require formula retail employers to post schedules at least two weeks in advance. Workers will receive one hour of pay at their regular rate of pay for schedule changes made with less than a week's notice and two to four hours of pay for schedule changes made with less than 24 hours' notice.

 Discouraging Abusive On-Call Scheduling Practices

 Require formula retail employers to provide two to four hours of pay to an employee at his/her regular rate of pay when she/he is required to be "on-call" for a specified shift but the employer cancels the shift with less than 24 hours' notice.

 Equal Treatment for Part-Time Workers

 Prohibit formula retail employers from discriminating against an employee with respect to their rate of pay, access to employer-provided paid and unpaid time off, or access to promotion opportunities.

 Encouraging Worker Retention and Job Security

 Protect workers against losing their jobs when their company is bought or sold by requiring that if formula retail businesses are acquired, the workers must be kept on at their jobs for at least a 90-day trial period.

Ariella
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Re: Lowest rung of the employment ladder
Ariella   5/21/2015 9:09:43 AM
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<Are there any employers who follow the new law (hiring full-time people first) but still treat their employees poorly?>

@PC very true. There are many employers who manage to justify what they do within the law but still make their employees' lives miserable.

Ariella
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Re: Lowest rung of the employment ladder
Ariella   5/21/2015 9:08:48 AM
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@SethBreedlove I'm really surprised that such a law could pass. True, many employers limit employees to part-time status just to avoid paying benefits. I recall even decades back, my sister worked as a receptionist for a doctor who wanted the job to remain part time so he wouldn't have to pay benefits -- and that was way before the fines for healthcare kicked in. Today, without that option, some small businesses wouldn't be able to afford to hire anyone. And that would mean that the law could either force mom and pop businesses to confine themselve to mom and pop or go under. 

Ariella
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Re: Lowest rung of the employment ladder
Ariella   5/21/2015 9:04:14 AM
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@PC I do like reading reviews of companies on Glassdoor. Often the negatives are not so much related to actual abuses of workers so much as general mismanagement, generally low pay, or no opportunity to advance. Even knowing all that, someone who really needs a job would likely take a job in a company with low ratings rather than remain unemployed. 

PredictableChaos
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Re: Lowest rung of the employment ladder
PredictableChaos   5/20/2015 4:45:30 PM
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Are there any employers who follow the new law (hiring full-time people first) but still treat their employees poorly?

I'd venture that there are.

SethBreedlove
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Re: Lowest rung of the employment ladder
SethBreedlove   5/20/2015 4:04:26 PM
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@ Preddicatable Chaos, what San Francisco did for retail and restaurant jobs was mandate that employers fill full time positions first instead hiring a multiple of part-time positions and therefor skirting benefit costs. 

Many businesses could use full-time people, but keep hiring and letting go of temporary employees instead with in the same departments. 

Some companies are recoginizing that they are losing a lot of human capital and business intelligence by doing so. 

PredictableChaos
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Re: Lowest rung of the employment ladder
PredictableChaos   5/20/2015 2:38:28 PM
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Legal solutions are always limited - because we can only legislate a minimum standard. 

A better solution would be able to distinguish between the 'barely follows the law' employers and places that consistently do more.

What is PC talking about? Glassdoor is one example. Employees can speak freely about their places of employment. Prospective employees can see what they should expect, and then choose the best option.

This way, employers have an incentive to do more - to listen to employees and get to a better place.

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