Five reasons workers are fighting Trump’s pick for labor secretary

SEIU Healthcare Minnesota members (L to R) Pam Ganser, Amy Pauly and Jodi Klembrook delivered a petition opposing Andy Puzder as labor secretary to Sen. Al Franken's office in Minneapolis.

SEIU Healthcare Minnesota members (L to R) Pam Ganser, Amy Pauly and Jodi Klembrook delivered a petition opposing Andy Puzder as labor secretary to Sen. Al Franken’s office in St. Paul.

Working people aren’t waiting for fast-food CEO and robotics enthusiast Andy Puzder’s confirmation hearings – twice delayed because he’s having difficulty completing the required ethics paperwork – to oppose President Donald Trump’s nominee for Labor secretary.

Last week fast-food workers led a demonstration outside Hardee’s, a chain operated by Puzder-led CKE Restaurants, in St. Paul. And this morning, members of SEIU Healthcare Minnesota delivered a petition to Sen. Al Franken’s office in St. Paul with nearly 5,000 signatures opposing Puzder’s nomination.

Similar actions have popped up across the U.S., with more coming as Puzder’s confirmation hearing, set for Feb. 7 (if he can wrap up that pesky paperwork), draws nearer.

Why can’t working people stomach Puzder at the helm of the Department of Labor, an agency charged with enforcing and administering federal labor laws, from health and safety protections to overtime and discrimination rules?

1. As an employer, Puzder’s company has a disturbing track record of violating laws designed to protect working people.

An analysis of Department of Labor data by The Century Foundation found that since Puzder took over as CEO in 2000, at least 1,563 CKE workers have been exposed to wage theft, unsafe working conditions or other violations uncovered by the agency’s inspectors.

Combined, OSHA and Wage-and-Hour inspectors have closed 166 investigations of CKE facilities since 2000, leading to more than $156,000 in civil penalties and an additional $145,310 in back pay to 877 employees. In one case, Hardee’s restaurants in the St. Louis area were “having workers punch-in to work later than when they arrived to work, not paying them overtime for double shifts, and even striking hours off of time cards,” the Century report’s authors, Michael McCormack and Simon Glenn-Gregg, wrote.

Additionally, workers at 13 CKE restaurants in 10 states last week filed 33 new complaints alleging sexual harassment, unfair labor practices (union busting) and wage theft.

2. Last year, Puzder earned more in one day than his company’s minimum-wage workers earned in the entire year. Yet he not only opposes raising the wage, he spends his fortune financially backing efforts to stop it.

According to the Center for Investigative Reporting, Puzder donated $10,000 to a campaign trying to stop Nevada voters from passing a ballot initiative raising the state’s minimum wage by a mere $1, from $5.15 to $6.15. (Voters eventually approved the increase.)

Opponents of Andy Puzder's nomination to lead the Labor department rallies last Thursday outside Hardee's in St. Paul.

Opponents of Andy Puzder’s nomination to lead the labor department rallied last Thursday outside Hardee’s in St. Paul.

3. Puzder’s low-road approach to employment forces taxpayers to pick up the tab – to the tune of an estimated $247 million per year.

The National Employment Law Project ran the numbers in a report released last week, coming up with the jaw-dropping price tag for government services accessed by CKE employees. The report draws on an analysis by University of California Berkeley economists who found that low wages and lack of benefits force 52 percent of fast-food workers to rely on public assistance to make ends meet.

4. Puzder’s company outsourced jobs to the Philippines.

In 2010, according to a report by the Associated Press, CKE laid off 20 Americans employed in its restaurant information technology department, which later reopened in the Philippines. The decision also resulted in layoffs at a staffing firm in California.

5. His public statements reveal contempt for working people, particularly those people most vulnerable to the kinds of mistreatment the Department of Labor is supposed to police.

In a 2011 address to students of Westmont College, Puzder described his hiring practices by saying, “In fast food, you sort of compete for the best of the worst.” And in an interview with Business Insider, Puzder openly fantasized about replacing fast-food workers with robots because they “never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex or race discrimination case.”

And who could forget Puzder offering a stirring defense of his company’s advertising campaign that showed scantily clad models wolfing down Thickburgers? “I like our ads,” Puzder told Entrepreneur magazine. “I like beautiful women eating burgers in bikinis. I think it’s very American.”

American, indeed. Just like low wages, outsourcing and corporate welfare. It’s no surprise working people are raising hell.

Safety expert weighs implications as job market shifts ‘from stability to precariousness’

Dr. John Howard

Dr. John Howard

The nature of work is changing dramatically, and it’s creating new challenges – and pitfalls – for regulators charged with protecting workers’ health and safety.

The highest-ranking official at the National Institute for Occupational Safety and Health called on academics gathered Wednesday at the University of Minnesota to dig deep into the implications of emerging economic trends like robotics and agency-based, temporary employment, as well as the potential use of “big data” to make workplaces safer.

“The government built all of our social-protection laws based on an old paradigm,” Dr. John Howard told about 75 professionals gathered at the Midwest Center for Occupational Health and Safety’s annual symposium. With a greater share of the U.S. workforce moving “from stability to precariousness,” he added, “the normal employer-employee relationship has eroded.”

Howard, who also serves as administrator of the World Trade Center Health Program, covered a wide range of issues and referenced a trove of published research in his 45-minute address.

No one knows exactly how many U.S. workers are employed in temporary jobs or other “non-traditional” arrangements, Howard said. But it’s definitely on the rise.

Research shows the 21st-century job market is characterized by uncertainty and ambiguity. Workers increasingly settle for short-term “gigs” rather than career-path jobs. Many find themselves at the mercy of sophisticated, “Just-in-Time” scheduling software that makes their shifts irregular and paychecks unpredictable. Layers of subcontractors and agencies often create murky managerial relationships.

In many ways, the emerging labor market looks increasingly like the construction industry, where tradespeople bounce from jobsite to jobsite and from employer to employer. That means regulators, Howard said, ought to cast a wider net for wage theft, misclassification of workers as “independent contractors” and other violations that plague construction work.

But worker-protection laws written in the mid-20th century aren’t always applicable in the modern age, when any coffee shop with wifi can serve as an office and Google Hangouts can take the place of a conference room. “We really have another definition of a workplace, and it’s a challenging one,” Howard said.

Meanwhile, global trade and automation continue to alter the type of work most Americans do.

It’s generally accepted, Howard said, that 47 percent of existing job categories will be subject to automation in the next two decades. And experts expect about 80 percent of the workforce soon will be employed in service-oriented work – jobs, Howard said, that usually require no more than a high-school degree.

“It may not be possible now to increase productivity through education,” Howard said, acknowledging that such an assertion flies in the face of predictions offered two decades ago by proponents of NAFTA and other free-trade agreements. “Economists are finding out that the benefits of trade don’t necessarily justify its cost,” he added.

Technology is also creating opportunities and challenges when it comes to protecting workers’ health and safety on the job.

Researchers in the field of occupational health are only beginning to understand the potential of new sensory technology that provides a constant stream of data from the jobsite to safety monitors – everything from air quality to the heart rates of workers on a factor floor. The “big struggle,” Howard said, is mining that data for indicators that accidents or other adverse events might be on the horizon.

Finding those indicators could amount to a major breakthrough in worker safety – and a much-needed one as well. Research suggests the changing nature of work – the shift “from stability to precariousness,” as Howard put it – comes with some serious health and safety risks for working people.

Studies suggest temporary workers have shorter life spans than those in career-path positions. Unpredictable work schedules may also be taking a toll on workers’ mental health. And when a patchwork collection of temp agencies and subcontractors provides labor for a single workplace, site-specific safety training is often inconsistent – and sometimes nonexistent.

“Workers have a more distant relationship with the people they work with, the people who can help navigate potential hazards,” Howard said, noting that temporary workers are less likely to report potential hazards – or try using collective action to improve their working conditions.

“They work for a temp agency,” Howard said. “They feel lucky just to have a job.”