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Global Financial and Economic Crises

US Labor Issues

Project: Global Financial and Economic Crisis 2007-Present
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US Senator Mike Lee (R-UT) posts a video on his YouTube channel in which he declares federal child labor laws “unconstitutional.” Lee says: “Congress decided it wanted to prohibit [child labor], so it passed a law—no more child labor. The Supreme Court heard a challenge to that and the Supreme Court decided a case in 1918 called Hammer v. Dagenhardt. In that case, the Supreme Court acknowledged something very interesting—that, as reprehensible as child labor is, and as much as it ought to be abandoned—that’s something that has to be done by state legislators, not by members of Congress.… This may sound harsh, but it was designed to be that way. It was designed to be a little bit harsh. Not because we like harshness for the sake of harshness, but because we like a clean division of power, so that everybody understands whose job it is to regulate what. Now, we got rid of child labor, notwithstanding this case. So the entire world did not implode as a result of that ruling.” Think Progress reporter Ian Millhiser calls Lee’s interpretation flawed. The Constitution gives Congress the power “[t]o regulate commerce… among the several states [and to] make all Laws which shall be necessary and proper for carrying into Execution” this power to regulate commerce. This provision has been upheld in many Court cases. Lee failed to note that in 1941, the Court unanimously overruled Hammer v. Daggenhardt in United States v. Darby. Moreover, Millhiser notes, child labor exploitation did not stop until Congress placed strict limits on it in the Fair Labor Standards Act of 1938, a law upheld by United States v. Darby. [Think Progress, 1/31/2011] Senate Republicans will give Lee a seat on the Senate Judiciary Committee, which works with constitutional interpretation. Lee has also declared Social Security, Medicare, the Federal Emergency Management Agency (FEMA), the Food and Drug Administration (FDA), food stamps, and income assistance to the poor all unconstitutional. [Think Progress, 1/27/2011]

Entity Tags: Ian Millhiser, US Supreme Court, Michael Shumway (“Mike”) Lee, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Category Tags: US Labor Issues, Commentaries and Criticisms

Missouri State Senator Jane Cunningham (R-St. Louis ) introduces SB 22 into consideration. The bill would eliminate many state child labor protections, most notably lifting the ban on children under 14 being allowed to work. The bill’s official summary reads in part: “This act modifies the child labor laws. It eliminates the prohibition on employment of children under age 14. Restrictions on the number of hours and restrictions on when a child may work during the day are also removed. It also repeals the requirement that a child ages 14 or 15 obtain a work certificate or work permit in order to be employed. Children under 16 will also be allowed to work in any capacity in a motel, resort, or hotel where sleeping accommodations are furnished. It also removes the authority of the director of the Division of Labor Standards to inspect employers who employ children and to require them to keep certain records for children they employ. It also repeals the presumption that the presence of a child in a workplace is evidence of employment.” While the federal Fair Labor Standards Act would continue to protect child workers in Missouri, Lee’s law, if passed, would let employers hire children under 14, let them work far longer hours, and prohibit state oversight agencies from monitoring employers for possible exploitation or abuse. AFL-CIO blogger Mike Hall calls Lee’s proposal “absolutely insane.” [Mike Hall, 2/14/2011; Think Progress, 2/15/2011]

Entity Tags: Mike Hall, Fair Labor Standards Act, Jane Cunningham, Missouri Division of Labor Standards

Timeline Tags: Civil Liberties

Category Tags: US Labor Issues

Maine State Representative David Burns (R-Whiting) introduces a child labor bill that would allow employers to pay workers under 20 years of age a $5.25/hour “training wage.” Such a law would go against Maine’s minimum wage of $7.50/hour. Critics say that Burns’s proposal devalues young workers, and takes money out of the hands of laborers and gives it to business. Burns’s proposal is part of a larger package he presents, LD 1346, which would make a number of changes to Maine’s child labor laws, including lifting restrictions that limit the maximum hours a minor over the age of 16 can work during school days. Burns calls his legislation “empowering” for young workers, and says employers would be more apt to hire minors if they could pay them the smaller wage. “An employer’s got to have employees, so they can decide what they want to pay,” he says. “The student wants to have a job, and they can decide what they’re willing to work for.” Maine Democrats and labor advocates have come out strongly against the bill. Maine Democratic Party chairman Ben Grant accuses Burns of “trying to erase the progress of child labor laws.” The bill, if passed, would roll back wages earned by teens to a point not seen since the 1980s. Laura Harper of the Maine Women’s Lobby says the bill would undermine efforts to “teach teens the value of hard work.” Instead, she says, the bill “sends them the message that they aren’t valued. That doesn’t fit with Maine values. At a time when business leaders recognize that student achievement is critical to Maine’s economic growth, this bill will shortchange students and impair Maine’s economic success.” She cites a 2000 US Department of Labor study that showed “working a limited number of hours in the junior and senior years of high school has a positive effect on educational attainment.” Representative Timothy Driscoll (D-Westbrook) says the bill, and another measure in Maine’s Senate, would result in “kids working more hours during the school week and making less money.” [Bangor Daily News, 3/30/2011] Think Progress reporter Ian Millhiser observes: “Burns’s bill is particularly insidious, because it directly encourages employers to hire children or teenagers instead of adult workers. Because workers under 20 could be paid less than adults under this GOP proposal, minimum wage workers throughout Maine would likely receive a pink slip as their 20th birthday present so that their boss could replace them with someone younger and cheaper.” Millhiser notes that Burns’s proposal is just one of a number efforts that would dramatically roll back child labor restrictions (see January 4, 2011 and February 14, 2011). [Think Progress, 3/31/2011] The Maine House Labor Committee will reject the bill on a unanimous vote that will come without discussion. Burns will not be present for the vote. Another proposal loosening work restrictions for 16- and 17-year-olds is pending in the Maine Senate. [Lewiston/Auburn Sun Journal, 5/6/2011]

Entity Tags: Ian Millhiser, Timothy Driscoll, David Burns, Ben Grant, Laura Harper

Timeline Tags: Civil Liberties, Domestic Propaganda

Category Tags: US Labor Issues

Newt Gingrich during a recent debate among Republican presidential candidates.Newt Gingrich during a recent debate among Republican presidential candidates. [Source: Associated Press]Former House Speaker Newt Gingrich (R-GA), a Republican candidate for the 2012 presidential nomination, says that schools should save educational expenses by firing all custodians except for one “master janitor” and have the children do the rest of the maintenance work for their schools. Gingrich recommends this particularly for schools in poorer areas.
Attacks Unions, Child Labor Laws - Child labor laws prohibit such actions; Gingrich blames these laws, and the unions to which many maintenance workers and custodians belong, for causing “unnecessary” expenditures and for what he says is blocking poorer children from bootstrapping their way to economic success. “This is something that no liberal wants to deal with,” he tells an audience at the John F. Kennedy School of Government at Harvard. “Core policies of protecting unionization and bureaucratization against children in the poorest neighborhoods, crippling them by putting them in schools that fail has done more to create income inequality in the United States than any other single policy,” he continues. “It is tragic what we do in the poorest neighborhoods, entrapping children in, first of all, child laws, which are truly stupid. You say to somebody, you shouldn’t go to work before you’re what, 14, 16 years of age, fine. You’re totally poor. You’re in a school that is failing with a teacher that is failing. I’ve tried for years to have a very simple model. Most of these schools ought to get rid of the unionized janitors, have one master janitor, and pay local students to take care of the school. The kids would actually do work, they would have cash, they would have pride in the schools, they’d begin the process of rising.… You go out and talk to people, as I do, you go out and talk to people who are really successful in one generation. They all started their first job between nine and 14 years of age. They all were either selling newspapers, going door to door, they were doing something, they were washing cars. They all learned how to make money at a very early age. What do we say to poor kids in poor neighborhoods? Don’t do it. Remember all that stuff about don’t get a hamburger flipping job? The worst possible advice you could give to poor children. Get any job that teaches you to show up on Monday. Get any job that teaches you to stay all day even if you are in a fight with your girlfriend. The whole process of making work worthwhile is central.”
Proposal Called 'Absurd,' 'Insane' - Gingrich, who in 1994 proposed placing children whose families were on welfare into state-run orphanages, is quickly targeted for criticism by experts and observers. Randi Weingarten, the president of the American Federation of Teachers (AFT), calls Gingrich’s proposal “absurd,” and says: “Who in their right mind would lay off janitors and replace them with disadvantaged children—who should be in school, and not cleaning schools? And who would start backtracking on laws designed to halt the exploitation of children?” Gingrich says he has a number of “extraordinarily radical proposals to fundamentally change the culture of poverty in America and give people a chance to rise very rapidly.” [Politico, 11/18/2011; New York Times, 11/19/2011] Jordan Weissman, an associate editor of The Atlantic, calls Gingrich’s proposal “insane.” He writes: “This suggestion is, on its face, insane. It sounds like a bad Stephen Colbert joke [referring to a popular political satirist]. But if you stop and consider its merits for a minute or two… well no, it’s still quite insane. And if you spend an evening researching the nitty gritty of what public school custodians actually do for a living, it turns out to be downright cruel.” He says the proposal is “a jarring illustration of Gingrich’s casual disdain for American workers.” Weissmann refers to a job description for a New York City public school custodial engineer: that job requires the worker to use hazardous chemicals such as hydrochloric acid; repair heating and air conditioning systems; do electrical and plumbing repair; and other potentially dangerous tasks. Weissman asks, “What parent wants a nine-year-old, or even a 13-year-old, toying with the HVAC in her school?” Custodial jobs are among the most physically taxing of all jobs, causing workers to suffer an unusually high number of on-the-job injuries and causing long-term physical debilitation. Weissman concludes: “It would be easy to chalk Gingrich’s comments up simply to his well-known animus towards unions. But I don’t think that quite explains it. Rational people can argue about how much someone should be paid to clean.… But that decision starts from the respectful assumption that maintaining a school is something worthwhile for an adult to spend their lives on. That’s not the case in Gingrich’s worldview. Forget that an adult might need that job to put food on the table for their own children. Forget that he’s suggesting we flood an ailing job market with part time, minimum-wage-earning students. This isn’t about labor economics. It’s about respect, and the fact that the leading Republican presidential candidate doesn’t have a spit’s worth of it for manual labor. In his eyes, a janitor’s job just doesn’t mean much. It’s so easy, a child could do it.” [Atlantic Monthly`, 11/21/2011]
Former Custodian: Gingrich 'Doesn't Even Know Why' He is Wrong - A diarist for the liberal blog Daily Kos describes himself as a former “custodian for a very large child care center.” He writes: “I was the guy mopping up vast amounts of wet, sticky rice from the floor, sanitizing the tables, chairs and high-chairs, and washing the dishes. I sanitized doorknobs. I filed down jagged parts of metal that somehow, every once in a while, stuck out from steel door jam[b]s and bathroom stalls. I hauled out dozens of bags of dirty diapers Every Single Day… and yes, I cleaned up an unholy amount of poop from a dozen itty bitty toilets. [T]hese are many of the things Newt Gingrich believes should be jobs for poor children in our public school systems. Cleaning up vomit. Cleaning feces off of toilet seats. Handling cleaning solvents that can eat right through latex gloves. Washing dishes with an industrial dish washer that heats the water over 180 degrees, enough to scald young skin.… Plunging toilets plugged with diarrhea and toilet paper, then sanitizing the toilet seat for the Non Poor students. Newt Gingrich wants our children cleaning blood, mucous, feces, urine, dried snot, vomit loaded with God-Knows-What pathogens from floors and walls and door knobs with chemicles [sic] that can eat the skin right off your arm or cause permanent blindness if it splashed into the eyes or loss of smell if some Janitor Kid jammed his finger up his nose… which kids never do, right? Never. Because an eight-year-old is going to observe strict safety regulations, right?” The diarist concludes: “[Gingrich] should be embarrassed for suggesting we make poor children clean our schools. There is SO much wrong with that statement and the most irritating thing is, he doesn’t even know WHY.” [Daily Kos, 11/21/2011]

Entity Tags: Daily Kos, Jordan Weissman, Randi Weingarten, Newt Gingrich

Timeline Tags: Domestic Propaganda, 2012 Elections

Category Tags: USA, US Labor Issues, Commentaries and Criticisms

Donald Trump and Newt Gingrich. The two have combined to offer 10 poor children a chance to become Trump’s ‘apprentices.’Donald Trump and Newt Gingrich. The two have combined to offer 10 poor children a chance to become Trump’s ‘apprentices.’ [Source: MSNBC / Raw Story]Republican presidential candidate Newt Gingrich (R-GA) modifies his previously stated stance that union janitors at public schools should be fired and poor schoolchildren should be put to maintenance and custodial tasks in their places (see November 18, 2011 and After). Gingrich now says that he recognizes some custodial jobs are dangerous, and says that poor students should be limited to jobs such as cleaning bathrooms. During a campaign rally, he asks, “What if they became assistant janitors and their jobs were to mop the floor and clean the bathroom?” Gingrich goes on to say that making poor kids work as janitors is similar to a successful program, Earning by Learning, that pays children to read books. He also says that poor children “have no habit of work” and no knowledge of how to make an income “unless it’s illegal.” He says: “Really poor children in really poor neighborhoods have no habits of working and have nobody around them who works, so they literally have no habit of showing up on Monday. They have no habit of staying all day. They have no habit of ‘I do this and you give me cash’ unless it’s illegal.” Gingrich then goes on to attack child labor laws and the “liberals” who support them, saying: “This is something that no liberal wants to deal with. Core policies of protecting unionization and bureaucratization against children in the poorest neighborhoods, crippling them by putting them in schools that fail has done more to create income inequality in the United States than any other single policy. It is tragic what we do in the poorest neighborhoods, entrapping children in, first of all, child laws, which are truly stupid.… If we are all endowed by our creator with the right to pursue happiness, that has to apply to the poorest neighborhoods in the poorest counties, and I am prepared to find something that works, that breaks us out of the cycles we have now to find a way for poor children to work and earn honest money.” Alex Seitz-Wald of the progressive news Web site Think Progress responds, “Of course, reading books is not hard labor and is directly relevant to education—cleaning bathrooms is not.” [Think Progress, 12/1/2011; The Hill, 12/1/2011; ABC News, 12/1/2011] The next day, Fox News anchor Megyn Kelly opines, “He seemed to try to clarify that… and say what he’s talking about is maybe having kids be assistants to those union members.” Jeremy Holden of the progressive media watchdog site Media Matters says of Gingrich’s entire proposal: “Here’s a thought. What if we focused on fixing the economy and schools, and the students’ ‘job’ was to go to school?” [Media Matters, 12/2/2011] Fox News correspondent Geraldo Rivera later writes that it is obvious Gingrich knows little to nothing about the daily lives of poor people: “If he knew about the culture of poverty… Gingrich never would have proposed suspending child labor laws and putting ghetto public school students to work as junior janitors in fifth or sixth Grade. Like his earlier calls to bring back orphanages and to deny support to unmarried woman who have children while on welfare, this Gingrich proposal is crass and creepy.” Rivera notes that many poor families have breadwinners who work long hours in menial, physically demanding jobs, so poor children have many, many working role models in their lives. “[T]hese children know about work,” Rivera observes. [Fox News, 12/8/2011] Gingrich later says that he will address the issue of poor children and work by taking part in a “program” by billionaire Donald Trump, the host of NBC’s The Apprentice, where Trump will hire 10 poor children as “apprentices.” Gingrich will elaborate, “I’ve asked [Trump] to take one of the poorer schools in New York and basically offer at least 10 apprenticeships to kids from that school to get them into the world of work, and to get them into an opportunity to earn money, and get them into the habit of showing up and realizing that effort gets rewarded, and that American is all about the work ethic.” [Raw Story, 12/5/2011]

Entity Tags: Megyn Kelly, Alex Seitz-Wald, Geraldo Rivera, Donald Trump, Jeremy Holden, Newt Gingrich

Timeline Tags: Domestic Propaganda, 2012 Elections

Category Tags: USA, US Labor Issues, Commentaries and Criticisms

Shadrack McGill.Shadrack McGill. [Source: Huntsville Times]State Senator Shadrack McGill (R-AL) tells listeners at a prayer breakfast in Fort Payne, Alabama, that state legislators such as himself deserve pay raises, but raising schoolteachers’ pay would lead to less-qualified teachers in the classrooms and violate a “Biblical principle.” Alabama legislators were given a 62 percent raise in 2007, and McGill says the raise discourages corruption among lawmakers. The previous low salaries “played into the corruption, guys, big time,” he says. “You had your higher-ranking legislators that were connected with the lobbyists making up in the millions of dollars. They weren’t worried about that $30,000 paid salary they were getting.” By paying lawmakers more up front, he says, they are less susceptible to taking bribes: “He needs to make enough that he can say no, in regards to temptation.” However, if teachers were given pay raises, then people who are not “called” to teach would begin joining the profession, he says. “Teachers need to make the money that they need to make. There needs to be a balance there. If you double what you’re paying education, you know what’s going to happen? I’ve heard the comment many times, ‘Well, the quality of education’s going to go up.’ That’s never proven to happen, guys. It’s a Biblical principle. If you double a teacher’s pay scale, you’ll attract people who aren’t called to teach. To go in and raise someone’s child for eight hours a day, or many people’s children for eight hours a day, requires a calling. It better be a calling in your life. I know I wouldn’t want to do it, OK? And these teachers that are called to teach, regardless of the pay scale, they would teach. It’s just in them to do. It’s the ability that God give ‘em. And there are also some teachers, it wouldn’t matter how much you would pay them, they would still perform to the same capacity. If you don’t keep that in balance, you’re going to attract people who are not called, who don’t need to be teaching our children. So, everything has a balance.” In 2010, McGill introduced a bill in the Alabama Senate that would tie legislators’ pay to teachers’ pay, requiring the state to give raises to legislators if it gave teachers raises. He claimed, falsely, that Alabama teachers’ salaries were the fourth highest in the nation. Some Alabama Republicans are backing a bill that would give a 2.5 percent raise to teachers with less than nine years’ experience. Representative Craig Ford (D-Gadsden) says the small raise unfairly excludes veteran teachers, and the entire controversy surrounding teachers’ and legislators’ raises is “one of the most absurd things… the Republican supermajority ha[s] ever tried to pull.” [DeKalb County Times-Journal, 1/31/2012; Huffington Post, 2/1/2012] Currently, part-time legislators in Alabama such as McGill make more than full-time teachers with master’s degrees and 15 years of experience. [Think Progress, 2/1/2012] After the national media picks up on McGill’s comments, WAAY-TV airs an interview with McGill taped earlier in the week where he told a reporter he did not believe in the separation of church and state (see 1782-1786). According to a WAAY report, both the television station’s commentators and editorial writers and commentators around the nation “raked [McGill] over the coals” for his comments. McGill tells a WAAY reporter: “Some things got taken out of context. I’m not hearing any negative feedback out of those who were there.” The audience at the prayer breakfast was very supportive of his stance, he says. “The point that I was trying to make in the speech is simply that.… Things ought to be in balance. I believe God made everything to be in balance. He weighed the Earth and the valley and the mountains and the hills on a scale to keep them in balance because he knew he was going to be spinning it real fast, so that’s the [g]ist of it.… Legislators pay ought to be in balance. They don’t need to make too much, they don’t need to make too little, both lead to corruption. Likewise, I think with teachers salaries, things need to be balanced on their education, based on the performance, class size, etc. Work load.… But by no means was I insinuating that a teacher should make less.” McGill says he hopes that after the economy turns around, Alabama teachers can get raises. McGill says he is learning that legislators such as himself are constantly being pursued by those who want to “turn” an innocent statement “into a dagger and stab you with it.” He says that he cannot understand how those who gave him “negative feedback” on his comments can call themselves Christians. [WAAY-TV, 2/2/2012]

Entity Tags: Alabama State Senate, Shadrack McGill, WAAY-TV, Craig Ford

Category Tags: US Labor Issues

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