The United States is way behind most other western nations
in protecting its workers. While Congress has dropped into paralysis, U.S.
cities have stepped in where Congress and the states have failed to protect
working Americans. Florida is one of the most anti-employee states in the
nation. The cities here could do much to help working people if they had the
political will.
Here are some examples of how cities are stepping up to help
workers:
Intern sexual
harassment: New
York City, along with Washington, D.C., Delaware, and Oregon, have laws
against sexually harassing unpaid interns. There is not a single federal law
banning intern sexual harassment. Title VII doesn’t cover it because they aren’t
“employees.” Same with most state laws including Florida. So, yay for sexual
harassers. High school and college students are fair game.
Paid sick leave: San Francisco,
Oakland, Emeryville, Los Angeles, Berkeley and San Diego; Washington, D.C.; New
York City; Seattle, Tacoma and Spokane; Philadelphia; Montgomery County (Md.);
Chicago and Cook County; St. Paul, Minneapolis and Duluth); Newark, Jersey
City, Irvington, Passaic, East Orange, Paterson, Trenton, Montclair,
Bloomfield, New Brunswick, Elizabeth, Plainfield and Morristown; and Austin all
have some form of paid sick leave. Eleven
states including California provide some form of paid sick leave. Not
Florida, of course.
Paid safe days:
The cities that provide paid
"safe" days, giving time for survivors of domestic violence,
sexual assault, and stalking to seek services include: San Francisco,
Emeryville, San Diego, Los Angeles, Berkeley and Santa Monica; Washington,
D.C.; Seattle, Tacoma and Spokane; Philadelphia; Montgomery County (Md.);
Chicago and Cook County; Minneapolis, St. Paul and Duluth; New Brunswick; and
Austin.
Salary history: 13
states and 11 cities have banned employers from asking about salary
history. The reason behind the legislation is that basing pay on prior salary
can lock in pay discrimination. The sponsor
of the Philadelphia ordinance explained: “Simply put, when a woman is paid
less at the beginning of her career she will continue to earn less throughout
her career. By eliminating the question of salary history we will be one step
closer to decreasing the wage gap.”
Ban the box: 33
states and over 150 cities and counties have adopted “ban the box” laws. These
laws generally prevent employers from asking about applicant arrests or
convictions at the beginning of the application process, and only allow
inquiries after the applicant passes their initial screening. Why? Because
about 70 million Americans have some criminal record, and the majority of them
are minorities. An entire class of citizens has been made almost completely
unemployable due to criminal records that have nothing to do with their ability
to do jobs.
Predictable schedules:
San Francisco, Emeryville, San Jose, Chicago, New York, Seattle and Washington,
D.C. have ordinances requiring that employers
give specified advance notice of work schedules, advance notice of shift
cancellations, and/or predictability pay for last minute cancellations. Oregon
is the first state to enact such a law.
Paid family leave:
35
cities/counties and 11 states have paid parental leave laws.
Right to vacation:
New York City would require most employers to offer 10 days of paid vacation to
employees under this
proposed ordinance
Firing for just cause:
This
proposed law would prevent employers in New York from firing on a whim.
Minimum wage:
Florida’s legislature has prohibited local ordinances raising minimum wage, and
that was
just upheld. Sad. Many
other cities around the nation have raised minimum wage for their workers.
Some cities that have led the way on employee rights are San
Francisco, New York, A list of San Francisco’s very pro-employee ordinances is here. New
York’s employee rights page is here.
So talk to your local elected officials about stepping up to
help working people. If the state and federal governments won’t help workers,
it will be up to the cities to protect them.
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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.