1 hour, Introduction to Workers’ Rights on the...
Transcript of 1 hour, Introduction to Workers’ Rights on the...
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-1Copyright UIUC Labor Education Program 2015
Introduction to Workersrsquo Rights on the Job
UNIT
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Workersrsquo Rights for Workforce Development
Total Time 1 hour 30 minutes
ldquo[I was] working in maintenance at OrsquoHare The supervisor arrives yelling that
he needs some place cleaned and that we should hold off taking lunch ndash this
happening during lunchtime It made me feel really bad and I didnrsquot like it I
began to see other things that werenrsquot right The result ndash I had to leave the job
because I just wasnrsquot feeling good The people didnrsquot want to come together to
fight for our rightsrdquo ndash Job-seeking client February 2015
Workersrsquo Rights for Workforce Development
2-2 Copyright UIUC Labor Education Program 2015
PurposeThis curriculum is based on learning in social cooperative and active ways with studentsrsquo questions and concerns as the center focus The teacher is a facilitator who inspires students to analyze look for equality find history and speak in a strong and informed voice Our goal is to help you as workforce development staff engage your students in learning that they have rights and that there are resources accessible to them for help in protecting those rights They are not alone and there is strength in numbers Workers and their struggles are making headline news every day ndash from the Fight for $15 to striking school teachers to efforts to extend overtime provisions to more Americans Assistance can come from fellow workers unions and worker centers lawyers and government agencies at local state and federalnational levels
As a wide range of organizations both private and public engage in workforce development activities this curriculum is flexible and intended to be adapted to different kinds of programs clients and local environments Within an organization job roles may vary but we believe that learning workersrsquo rights is useful for all direct service staff As service staff learn more about workersrsquo rights they will see how their own work - as case managers instructors business service representatives - can be more effective with clients if they include workersrsquo rights
DisclaimerThe information contained within this curriculum is provided on an ldquoas isrdquo basis for general educational purposes only it should not be construed in any way as giving business legal or other advice Individuals who use this information for any reasons other than for general educational purposes do so at their own risk All warranties of any kind express or implied including fitness for a particular purpose are disclaimed Neither the University of Illinois nor any of its units programs employees agents or individual trustees shall be held liable for any improper or incorrect use of the information contained within this curriculum Also none of these entities shall be liable for any direct indirect incidental special exemplary or consequential damages however caused and on any theory of liability whether in contract strict liability or tort arising in any way out of the use of the information contained within this curriculum Reference herein to any specific commercial products process or service by trade name trademark manufacturer or otherwise does not constitute or imply its endorsement recommendation or favoring by the University of Illinois
WORKERSrsquo RIGHTS FOR WORKFORCE DEVELOPMENT
Publication DateThis Workersrsquo Rights for Workforce Development Curriculum is current as of December 1 2015
Preferred CitationAuthors Alison Dickson Sue Davenport and Marsha Love
Workersrsquo Rights for Workforce Development A Practical Guide For Instructors and Job Seekers - Illinois Edition 1st edition
Chicago Labor Education Program School of Labor and Employment Relations University of Illinois at Urbana-Champaign 2015
TrainingsContact us about leading training sessions at your organization or agency
Contact InformationAlison DicksonInstructor Labor Education ProgramSchool of Labor and Employment RelationsUniversity of Illinois at Urbana-Champaign(312) 996-2624aquesadaillinoisedu
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-3Copyright UIUC Labor Education Program 2015
PURPOSES FOR PARTICIPANTSbull Recognize basic rights under the law that workers need to know
bull Compare benefits and limits of employmentlabor laws
bull Share personal experiences of violations of rights on the job
bull Learn about the extensive resources available
bull Use Internet to find resources when rights are violated
bull Identify if participants have been employees at will independent contractors or in a union and what the typical experience of their clients has been
bull Stress job market trends toward part time work temp work and misclassification as independent contractors
ACTIVITIES 2-1 Pre-test of YesNo test on workersrsquo rights (20 min) YesNo with short discussion 2-2 The facts Basic rights and resources (10 min) Handouts short talk 2-3 Resources for enforcing workersrsquo rights (20 min) Fact sheets storyboard and discussion2-4 Who is a worker Job classification and consequences (30 min) Match lists and discuss chart analysis and short talks2-5 Common workplace violations and solutions (10 minutes) Free write
HANDOUTS2-1a Pre-Test on Workersrsquo Rights2-1b Pre-Test Answer Key 2-2 Basic Workersrsquo Rights2-3 NLRB Rights We Protect2-4 Chicago Workers Centers2-5 Worker Rights Storyboard ldquoArdquo2-6 Free Work-Related Legal Clinics in Chicago ndash Centro de Trabajadores Unidos2-7 Government Agencies2-8 Agency Time Limits2-9 Workers amp Job Categories2-10 Employee v Independent Contractor2-11 ldquoWhy Wersquore All Becoming Independent Contractorsrdquo by Robert Reich 2-12 Temporary Workers2-13 The Union Difference ndash Benefits and Earnings 2015
Workersrsquo Rights for Workforce Development
2-4 Copyright UIUC Labor Education Program 2015
PREPARATIONbull Before the training ask participants to bring with them if possible a
device on which they can access the Internet (ex tablet smart phone laptop computer)
bull Review the Pre-test Answer Key for Activity 2-1 Make sure you are able to give the bulleted information about the answers
bull Prepare and post flip chart paper for a tally sheet for Pre-Test Write numbers of questions
bull Prepare flip chart paper for discussion of any surprises about workersrsquo rights (Activity 2-2)
bull Prepare flip chart paper for discussion of risks and strategies for workersrsquo rights education (Activity 2-3)
MATERIALS Flip chart paperMarkers pensLaptop with Internet accessLED projectorPhotocopied handouts
RESOURCESNational Day Laborer Organizing Network httpwwwndlonorgen
Interfaith Worker Justice httpwwwiwjorg
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Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-5Copyright UIUC Labor Education Program 2015
National Domestic Workers Alliance httpwwwdomesticworkersorg
Vice News ldquoPermanently Temporary The Truth About Temp Laborrdquo httpwwwvicecomvideopermanently-temporary-the-truth-about-temp-labor-part-1
US Department of Labor May 3 2012 ldquoProtecting Vulnerable Workers on the Job in Chicagordquo httpblogdolgov20120503protecting-vulnerable-workers-on-the-job-inchicago
US Department of Labor Workplace Rights Blog httpblogdolgovcategoryworkerrights
NEW WORDS Agency ndash An organization government or private that provides a particular service
Benefits ndashIncludes paid sick days paid vacation and health insurance Benefits can be required by law for some jobs for example Social Security and Medicare
Federal ndash The national level of the US government In the US several levels of government share responsibility for power and making laws at local (city county) state and national levels
Felony ndash A typically violent crime regarded as more serious than a misdemeanor and usually punishable by imprisonment for more than one year or by death
Independent contractor ndash A worker who makes arrangement with a customer or client brings her own equipment sets her own work schedule and carries her own insurance For example a plumber a computer tech an accountant a nanny a hair stylist or house cleaner These workers often work on their own as their own bosses
Job classification or categories ndash Types of work defined by skills or requirements different types of employment ex full-time part-time temporary or independent contractors
Legal clinic ndash A non-profit law office that helps workers win their legal rights
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ogra
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Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
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ogra
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eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
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rans
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(C
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Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
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Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-2 Copyright UIUC Labor Education Program 2015
PurposeThis curriculum is based on learning in social cooperative and active ways with studentsrsquo questions and concerns as the center focus The teacher is a facilitator who inspires students to analyze look for equality find history and speak in a strong and informed voice Our goal is to help you as workforce development staff engage your students in learning that they have rights and that there are resources accessible to them for help in protecting those rights They are not alone and there is strength in numbers Workers and their struggles are making headline news every day ndash from the Fight for $15 to striking school teachers to efforts to extend overtime provisions to more Americans Assistance can come from fellow workers unions and worker centers lawyers and government agencies at local state and federalnational levels
As a wide range of organizations both private and public engage in workforce development activities this curriculum is flexible and intended to be adapted to different kinds of programs clients and local environments Within an organization job roles may vary but we believe that learning workersrsquo rights is useful for all direct service staff As service staff learn more about workersrsquo rights they will see how their own work - as case managers instructors business service representatives - can be more effective with clients if they include workersrsquo rights
DisclaimerThe information contained within this curriculum is provided on an ldquoas isrdquo basis for general educational purposes only it should not be construed in any way as giving business legal or other advice Individuals who use this information for any reasons other than for general educational purposes do so at their own risk All warranties of any kind express or implied including fitness for a particular purpose are disclaimed Neither the University of Illinois nor any of its units programs employees agents or individual trustees shall be held liable for any improper or incorrect use of the information contained within this curriculum Also none of these entities shall be liable for any direct indirect incidental special exemplary or consequential damages however caused and on any theory of liability whether in contract strict liability or tort arising in any way out of the use of the information contained within this curriculum Reference herein to any specific commercial products process or service by trade name trademark manufacturer or otherwise does not constitute or imply its endorsement recommendation or favoring by the University of Illinois
WORKERSrsquo RIGHTS FOR WORKFORCE DEVELOPMENT
Publication DateThis Workersrsquo Rights for Workforce Development Curriculum is current as of December 1 2015
Preferred CitationAuthors Alison Dickson Sue Davenport and Marsha Love
Workersrsquo Rights for Workforce Development A Practical Guide For Instructors and Job Seekers - Illinois Edition 1st edition
Chicago Labor Education Program School of Labor and Employment Relations University of Illinois at Urbana-Champaign 2015
TrainingsContact us about leading training sessions at your organization or agency
Contact InformationAlison DicksonInstructor Labor Education ProgramSchool of Labor and Employment RelationsUniversity of Illinois at Urbana-Champaign(312) 996-2624aquesadaillinoisedu
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-3Copyright UIUC Labor Education Program 2015
PURPOSES FOR PARTICIPANTSbull Recognize basic rights under the law that workers need to know
bull Compare benefits and limits of employmentlabor laws
bull Share personal experiences of violations of rights on the job
bull Learn about the extensive resources available
bull Use Internet to find resources when rights are violated
bull Identify if participants have been employees at will independent contractors or in a union and what the typical experience of their clients has been
bull Stress job market trends toward part time work temp work and misclassification as independent contractors
ACTIVITIES 2-1 Pre-test of YesNo test on workersrsquo rights (20 min) YesNo with short discussion 2-2 The facts Basic rights and resources (10 min) Handouts short talk 2-3 Resources for enforcing workersrsquo rights (20 min) Fact sheets storyboard and discussion2-4 Who is a worker Job classification and consequences (30 min) Match lists and discuss chart analysis and short talks2-5 Common workplace violations and solutions (10 minutes) Free write
HANDOUTS2-1a Pre-Test on Workersrsquo Rights2-1b Pre-Test Answer Key 2-2 Basic Workersrsquo Rights2-3 NLRB Rights We Protect2-4 Chicago Workers Centers2-5 Worker Rights Storyboard ldquoArdquo2-6 Free Work-Related Legal Clinics in Chicago ndash Centro de Trabajadores Unidos2-7 Government Agencies2-8 Agency Time Limits2-9 Workers amp Job Categories2-10 Employee v Independent Contractor2-11 ldquoWhy Wersquore All Becoming Independent Contractorsrdquo by Robert Reich 2-12 Temporary Workers2-13 The Union Difference ndash Benefits and Earnings 2015
Workersrsquo Rights for Workforce Development
2-4 Copyright UIUC Labor Education Program 2015
PREPARATIONbull Before the training ask participants to bring with them if possible a
device on which they can access the Internet (ex tablet smart phone laptop computer)
bull Review the Pre-test Answer Key for Activity 2-1 Make sure you are able to give the bulleted information about the answers
bull Prepare and post flip chart paper for a tally sheet for Pre-Test Write numbers of questions
bull Prepare flip chart paper for discussion of any surprises about workersrsquo rights (Activity 2-2)
bull Prepare flip chart paper for discussion of risks and strategies for workersrsquo rights education (Activity 2-3)
MATERIALS Flip chart paperMarkers pensLaptop with Internet accessLED projectorPhotocopied handouts
RESOURCESNational Day Laborer Organizing Network httpwwwndlonorgen
Interfaith Worker Justice httpwwwiwjorg
Phot
ogra
ph b
y Jo
hn B
asto
en
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-5Copyright UIUC Labor Education Program 2015
National Domestic Workers Alliance httpwwwdomesticworkersorg
Vice News ldquoPermanently Temporary The Truth About Temp Laborrdquo httpwwwvicecomvideopermanently-temporary-the-truth-about-temp-labor-part-1
US Department of Labor May 3 2012 ldquoProtecting Vulnerable Workers on the Job in Chicagordquo httpblogdolgov20120503protecting-vulnerable-workers-on-the-job-inchicago
US Department of Labor Workplace Rights Blog httpblogdolgovcategoryworkerrights
NEW WORDS Agency ndash An organization government or private that provides a particular service
Benefits ndashIncludes paid sick days paid vacation and health insurance Benefits can be required by law for some jobs for example Social Security and Medicare
Federal ndash The national level of the US government In the US several levels of government share responsibility for power and making laws at local (city county) state and national levels
Felony ndash A typically violent crime regarded as more serious than a misdemeanor and usually punishable by imprisonment for more than one year or by death
Independent contractor ndash A worker who makes arrangement with a customer or client brings her own equipment sets her own work schedule and carries her own insurance For example a plumber a computer tech an accountant a nanny a hair stylist or house cleaner These workers often work on their own as their own bosses
Job classification or categories ndash Types of work defined by skills or requirements different types of employment ex full-time part-time temporary or independent contractors
Legal clinic ndash A non-profit law office that helps workers win their legal rights
Phot
ogra
ph b
y M
emax
mar
z
Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
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eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
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hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
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Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
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ogra
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of
Engi
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Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
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ogra
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plet
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Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-3Copyright UIUC Labor Education Program 2015
PURPOSES FOR PARTICIPANTSbull Recognize basic rights under the law that workers need to know
bull Compare benefits and limits of employmentlabor laws
bull Share personal experiences of violations of rights on the job
bull Learn about the extensive resources available
bull Use Internet to find resources when rights are violated
bull Identify if participants have been employees at will independent contractors or in a union and what the typical experience of their clients has been
bull Stress job market trends toward part time work temp work and misclassification as independent contractors
ACTIVITIES 2-1 Pre-test of YesNo test on workersrsquo rights (20 min) YesNo with short discussion 2-2 The facts Basic rights and resources (10 min) Handouts short talk 2-3 Resources for enforcing workersrsquo rights (20 min) Fact sheets storyboard and discussion2-4 Who is a worker Job classification and consequences (30 min) Match lists and discuss chart analysis and short talks2-5 Common workplace violations and solutions (10 minutes) Free write
HANDOUTS2-1a Pre-Test on Workersrsquo Rights2-1b Pre-Test Answer Key 2-2 Basic Workersrsquo Rights2-3 NLRB Rights We Protect2-4 Chicago Workers Centers2-5 Worker Rights Storyboard ldquoArdquo2-6 Free Work-Related Legal Clinics in Chicago ndash Centro de Trabajadores Unidos2-7 Government Agencies2-8 Agency Time Limits2-9 Workers amp Job Categories2-10 Employee v Independent Contractor2-11 ldquoWhy Wersquore All Becoming Independent Contractorsrdquo by Robert Reich 2-12 Temporary Workers2-13 The Union Difference ndash Benefits and Earnings 2015
Workersrsquo Rights for Workforce Development
2-4 Copyright UIUC Labor Education Program 2015
PREPARATIONbull Before the training ask participants to bring with them if possible a
device on which they can access the Internet (ex tablet smart phone laptop computer)
bull Review the Pre-test Answer Key for Activity 2-1 Make sure you are able to give the bulleted information about the answers
bull Prepare and post flip chart paper for a tally sheet for Pre-Test Write numbers of questions
bull Prepare flip chart paper for discussion of any surprises about workersrsquo rights (Activity 2-2)
bull Prepare flip chart paper for discussion of risks and strategies for workersrsquo rights education (Activity 2-3)
MATERIALS Flip chart paperMarkers pensLaptop with Internet accessLED projectorPhotocopied handouts
RESOURCESNational Day Laborer Organizing Network httpwwwndlonorgen
Interfaith Worker Justice httpwwwiwjorg
Phot
ogra
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Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-5Copyright UIUC Labor Education Program 2015
National Domestic Workers Alliance httpwwwdomesticworkersorg
Vice News ldquoPermanently Temporary The Truth About Temp Laborrdquo httpwwwvicecomvideopermanently-temporary-the-truth-about-temp-labor-part-1
US Department of Labor May 3 2012 ldquoProtecting Vulnerable Workers on the Job in Chicagordquo httpblogdolgov20120503protecting-vulnerable-workers-on-the-job-inchicago
US Department of Labor Workplace Rights Blog httpblogdolgovcategoryworkerrights
NEW WORDS Agency ndash An organization government or private that provides a particular service
Benefits ndashIncludes paid sick days paid vacation and health insurance Benefits can be required by law for some jobs for example Social Security and Medicare
Federal ndash The national level of the US government In the US several levels of government share responsibility for power and making laws at local (city county) state and national levels
Felony ndash A typically violent crime regarded as more serious than a misdemeanor and usually punishable by imprisonment for more than one year or by death
Independent contractor ndash A worker who makes arrangement with a customer or client brings her own equipment sets her own work schedule and carries her own insurance For example a plumber a computer tech an accountant a nanny a hair stylist or house cleaner These workers often work on their own as their own bosses
Job classification or categories ndash Types of work defined by skills or requirements different types of employment ex full-time part-time temporary or independent contractors
Legal clinic ndash A non-profit law office that helps workers win their legal rights
Phot
ogra
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mar
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Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
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ogra
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Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
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ogra
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Tem
plet
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Workersrsquo Rights for Workforce Development
2-4 Copyright UIUC Labor Education Program 2015
PREPARATIONbull Before the training ask participants to bring with them if possible a
device on which they can access the Internet (ex tablet smart phone laptop computer)
bull Review the Pre-test Answer Key for Activity 2-1 Make sure you are able to give the bulleted information about the answers
bull Prepare and post flip chart paper for a tally sheet for Pre-Test Write numbers of questions
bull Prepare flip chart paper for discussion of any surprises about workersrsquo rights (Activity 2-2)
bull Prepare flip chart paper for discussion of risks and strategies for workersrsquo rights education (Activity 2-3)
MATERIALS Flip chart paperMarkers pensLaptop with Internet accessLED projectorPhotocopied handouts
RESOURCESNational Day Laborer Organizing Network httpwwwndlonorgen
Interfaith Worker Justice httpwwwiwjorg
Phot
ogra
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Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-5Copyright UIUC Labor Education Program 2015
National Domestic Workers Alliance httpwwwdomesticworkersorg
Vice News ldquoPermanently Temporary The Truth About Temp Laborrdquo httpwwwvicecomvideopermanently-temporary-the-truth-about-temp-labor-part-1
US Department of Labor May 3 2012 ldquoProtecting Vulnerable Workers on the Job in Chicagordquo httpblogdolgov20120503protecting-vulnerable-workers-on-the-job-inchicago
US Department of Labor Workplace Rights Blog httpblogdolgovcategoryworkerrights
NEW WORDS Agency ndash An organization government or private that provides a particular service
Benefits ndashIncludes paid sick days paid vacation and health insurance Benefits can be required by law for some jobs for example Social Security and Medicare
Federal ndash The national level of the US government In the US several levels of government share responsibility for power and making laws at local (city county) state and national levels
Felony ndash A typically violent crime regarded as more serious than a misdemeanor and usually punishable by imprisonment for more than one year or by death
Independent contractor ndash A worker who makes arrangement with a customer or client brings her own equipment sets her own work schedule and carries her own insurance For example a plumber a computer tech an accountant a nanny a hair stylist or house cleaner These workers often work on their own as their own bosses
Job classification or categories ndash Types of work defined by skills or requirements different types of employment ex full-time part-time temporary or independent contractors
Legal clinic ndash A non-profit law office that helps workers win their legal rights
Phot
ogra
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emax
mar
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Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
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eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
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hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-5Copyright UIUC Labor Education Program 2015
National Domestic Workers Alliance httpwwwdomesticworkersorg
Vice News ldquoPermanently Temporary The Truth About Temp Laborrdquo httpwwwvicecomvideopermanently-temporary-the-truth-about-temp-labor-part-1
US Department of Labor May 3 2012 ldquoProtecting Vulnerable Workers on the Job in Chicagordquo httpblogdolgov20120503protecting-vulnerable-workers-on-the-job-inchicago
US Department of Labor Workplace Rights Blog httpblogdolgovcategoryworkerrights
NEW WORDS Agency ndash An organization government or private that provides a particular service
Benefits ndashIncludes paid sick days paid vacation and health insurance Benefits can be required by law for some jobs for example Social Security and Medicare
Federal ndash The national level of the US government In the US several levels of government share responsibility for power and making laws at local (city county) state and national levels
Felony ndash A typically violent crime regarded as more serious than a misdemeanor and usually punishable by imprisonment for more than one year or by death
Independent contractor ndash A worker who makes arrangement with a customer or client brings her own equipment sets her own work schedule and carries her own insurance For example a plumber a computer tech an accountant a nanny a hair stylist or house cleaner These workers often work on their own as their own bosses
Job classification or categories ndash Types of work defined by skills or requirements different types of employment ex full-time part-time temporary or independent contractors
Legal clinic ndash A non-profit law office that helps workers win their legal rights
Phot
ogra
ph b
y M
emax
mar
z
Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-6 Copyright UIUC Labor Education Program 2015
Misclassification ndash An employer claims their worker is an independent contractor when legally she should be an employee Ex a cleaning agency classifies its workers as independent contractors even though the company sets the work schedules and provides the cleaning equipment If the workers are called independent contractors the company does not have to follow many important workersrsquo rights laws They do not pay overtime or benefits such unemployment compensation and workersrsquo compensation They also do not make deductions for taxes or Social Security The worker loses money and the protections of labor laws
NLRB ndash National Labor Relations Board Government agency that enforces the National Labor Relations Act (passed in 1935) the law that establishes basic worker rights in the US
Paid vacation ndash A number of paid workdays that an employee can take off This is a benefit that employers have the option of providing their employees or can be guaranteed under a union collective bargaining agreement
Storyboard - A series of drawings that shows a story A short strip of pictures
Time limits ndash A period of time within which an action must be taken ex file a complaint with National Labor Relations Board about a work problem
Unemployment insurance ndash Money paid by the state or federal government to individuals who are involuntarily out of work The amount is a percentage of the workerrsquos former wagesalary Most employers in Illinois must carry unemployment insurance Sometimes called ldquounemployment benefitsrdquo
Worker center ndash A non-profit community-based organization dedicated to helping workers both union and non-union enforce their legal rights as workers and organize for collective action when necessary Worker centers often focus their efforts on specific geographic areas industries and occupations or demographic groups Some worker centers have multiple missions such as commitments to immigrant rights religious tenets or ties to organized labor
Workersrsquo compensation ndash An insurance system that all employers must carry to cover employees who are injured on the job Workersrsquo compensation (or workersrsquo comp) covers all work-related injuries regardless of fault
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-7Copyright UIUC Labor Education Program 2015
Pre-test on workersrsquo rights(20 min) Test with short discussion
Instructor passes out Handout 2-1a Pre-test on Workersrsquo Rights Give students 5-7 minutes to take the test
Instructor reviews the answers to the test with Pre-Test Answer Key (Handout 2-1b)
Ask people to raise their hands for Yes or No to each question
Tally the numbers for Yes and for No on prepared chart paper
Note where there is considerable disagreement or agreement
Give the right answer with brief comments (see bullets for key information in each answer) Point out that the answers on the Pre-Test Answer Key are organized by the Unit in which they are discussed The Pre-Test Answer Key also lists the government agency responsible for enforcing the rights discussed in the answers
In reviewing the test the instructor includes the following points about laws
bull Laws are complicated
bull They may be different at the local state and federal level
bull The strongest law generally prevails in a particular location Ex In Illinois the state minimum wage law mandates $825 an hour while the federal minimum wage law mandates $725 an hour Therefore the state law applies to most employers in Illinois
bull It is important to understand the limitations and required conditions of a law being enforced
bull As we go through the curriculum we will go into more detail to answer each of these questions
Activity
2-1
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-8 Copyright UIUC Labor Education Program 2015
Handout 2-1a
PRE-TEST WORKERSrsquo RIGHTS
1 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
3 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
5 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
6 Monique has worked as a line cook at Red Crawfish for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
7 Samuel works as a CNA at a major metro hospital He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
8 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
9 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
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eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-9Copyright UIUC Labor Education Program 2015
Handout 2-1b
PRE-TEST ANSWER KEY
UNIT 21 Jeb of Fast and Easy Roofing Contractors hires a few roofers for a roofing job in Skokie He says he will pay them $15 an hour and that they must start work on Monday morning at 800 am On Tuesday one of the roofers Pedro falls off of the roof and breaks his ankle Jeb claims Pedro is responsible for his medical bills Is this true
ANSWER = NO
bull Pedro is an employee not an independent contractor and is entitled to Workers Compensation (Illinois Department of Labor)
bull In Illinois workers comp is a ldquono-faultrdquo system and pays for 100 of medical bills (Illinois Workersrsquo Compensation Commission)
2 Marnie works as an office assistant for a medical office in Schaumburg Traffic on the Kennedy is especially horrible one day and she calls her employer to let them know she will be 15 minutes late to work When she arrives at her office she is fired Can Marnie collect unemployment insurance
ANSWER = Probably YES
bull In Illinois unemployment insurance can be denied for ldquowillful misconductrdquo (Illinois Department of Employment Security)
bull Marnie likely was not committing ldquowillful misconductrdquo if she called her employer to let them know she was going to arrive late
bull However if she is repeatedly late to work she may be denied unemployment insurance
UNIT 33 Lonnie is a sales associate at a Wal-Merchant in Chicago who earns the minimum wage If Lonnie transfers to a Wal-Merchant in Hammond Indiana will he earn the same wage
ANSWER = NO
bull If he transfers to Hammond the minimum wage will be the Indiana minimum wage of $725hour (Illinois Department of Labor)
4 Kayla is getting ready to go home after finishing her 8-hour shift as a server at Pizza Shack in Harvey Her manager Bruce tells her she needs to stay for the dinner shift since her co-worker Ronald hasnrsquot shown up Kayla needs to leave so she can pick up her child from daycare Can Bruce fire Kayla for refusing to work 16 hours in a row
ANSWER = YES
bull There is no maximum number of hours for this industryoccupation
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
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by O
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Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
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Arn
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of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-10 Copyright UIUC Labor Education Program 2015
bull The law only limits the number of hours for youth workers and certain occupations that have to do with public safety (bus driver pilot police officer etc)
bull If working the extra hours means she will work more than 40 hours this week she must be paid overtime according to federal law (US Department of Labor)
UNIT 45 Brianna is 7-months pregnant works and works as a cashier at Dollar Commander in Waukegan Her OBGYN says she cannot be on her feet for an 8-hour shift Can she be fired for not being able to stand and operate her cash register
ANSWER = NO
bull Brianna must be accommodated and given a chairhave her register lowered
bull Alternatively she could rotate her work with another position where she does not need to be on her feet for 8 hours (Equal Employment Opportunity Commission Illinois Department of Human Rights)
UNIT 56 Monique has worked as a line cook at Red Crawfish in Des Plaines for almost a year After her one-year anniversary will she be entitled to a week of paid vacation from her job
ANSWER = DEPENDS
bull There is no legal right to vacation in Illinois even if a worker has been at their job for a year
bull However if it is the company policy of Red Crawfish to give one week of paid vacation to their employees after one year of service Monique must be given her vacation The company policy can be changed at any time but if Monique has accrued vacation time before the policy change she must be given or paid this time
7 Samuel works as a CNA at a major metro hospital on the west side of Chicago He works full time and has been at the hospital for five years Samuelrsquos mom has cancer and she needs help getting to her chemotherapy appointments every Friday Can Samuel take this time off from his job every week to take his mom to the doctor
ANSWER = YES
bull According to federal law Samuel should qualify for Family Medical Leave Act (FMLA) leave because
- Hersquos been at his job for more than a year and works more than 25 hours a week - He works for a large employer - He will use the leave to take care of an immediate family member who is ill
bull He should be able to take intermittent leave and spread out his FMLA time over a longer period by just taking Fridays off (US Department of Labor)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-11Copyright UIUC Labor Education Program 2015
UNIT 68 Shondra has a felony conviction from 15 years ago for stealing some clothes from a store Can she be denied employment at a private nursing home in Illinois solely because of this criminal record
ANSWER = YES
bull In Illinois it is not illegal to discriminate against someone because they possess a criminal record (Illinois Department of Human Rights)
UNIT 79 Xavier works as a butcher at Whole Eats an organic grocery store chain While operating the industrial meat grinder he is required to wear safety goggles The band on his goggles is worn out and he asks his supervisor Bernard for another pair On his next paycheck he sees that there is a $12 deduction for the new goggles Is this legal
ANSWER = NO
bull Health and safety equipment (Personal Protective Equipment) must be provided free of charge to all employees
bull Replacement equipment for any PPE that breaks or is worn down because of work must be provided free of charge (Occupational Safety and Health Administration)
UNIT 8 10 Calvin and a group of his coworkers at McDarnellrsquos want a raise All of them are currently earning around $875 an hour but they want to make $15 an hour If they go on strike demanding a wage increase can they be fired
ANSWER = NO
bull Two or more employees taking action such as striking to improve their working conditions is considered protected concerted activity under federal law (National Labor Relations Act)
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
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Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-12 Copyright UIUC Labor Education Program 2015
The facts Workersrsquo basic rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-2 Basic Workersrsquo Rights The rights correspond to the questions on the YesNo test Ask participants to take turns reading the rights aloud Stress the importance of each right
Use this handout as a summary of what the YesNo test covered
Ask if they are surprised by any of their rights Write surprises on flip chart paper
Emphasize that we will go into more detail on each of the rights throughout the training
Pass out Handout 2-3 NLRB Rights We Protect Say that this is from the federal agency that protects workersrsquo rights to improve their working conditions
Activity
2-2
Phot
ogra
ph b
y Br
eity
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
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Arn
y C
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of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-13Copyright UIUC Labor Education Program 2015
Handout 2-2
BASIC WORKERSrsquo RIGHTS
Your basic rights under the law1 Be paid according to the law all wages earned for your work
2 Work in an environment free of discrimination in hiring firing or discipline
3 Have a safe and healthy work environment
4 Exercise your rights under the law and report violations without retaliation
5 Testify on behalf of other workers who are exercising their workplace rights
6 Take unpaid leave for medical reasons or to care for a spouse parent or child
7 Take pregnancy leave and receive similar job when you return
8 Continue to work while pregnant with accommodations for pregnancy conditions
9 Be compensated for medical bills and lost time resulting from workplace injuries
10 Organize a union or work together to improve workplace
Phot
ogra
ph b
y C
hica
go T
rans
it A
utho
rity
(C
TA)
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-14 Copyright UIUC Labor Education Program 2015
Handout 2-3
NLRB RIGHTS WE PROTECT
EMPLOYEE RIGHTS
Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions with or without a union
Union ActivityEmployees have the right to attempt to form a union where none currently exists or to decertify a union that has lost the support of employees
Examples of employee rights include
bull Forming or attempting to form a union in your workplace
bull Joining a union whether the union is recognized by your employer or not
bull Assisting a union in organizing your fellow employees
bull Refusing to do any or all of these things
bull To be fairly represented by a union
Activity Outside a UnionEmployees who are not represented by a union also have rights under the NLRA Specifically the National Labor Relations Board protects the rights of employees to engage in ldquoconcerted activityrdquo which is when two or more employees take ac-tion for their mutual aid or protection regarding terms and conditions of employment A single employee may also engage in protected concert-ed activity if he or she is acting on the authority of other employees bringing group complaints to the employerrsquos attention trying to induce group action or seeking to prepare for group action
A few examples of protected concerted activities are
bull Two or more employees addressing their employer about improving their pay
bull Two or more employees discussing work-related issues beyond pay such as safety concerns with each other
bull An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions
More information including descriptions of actual concerted activity cases is available on the protected concerted activity page
Who is coveredMost employees in the private sector are covered by the NLRA However the Act specifically excludes individuals who are
bull Employed by Federal state or local government
bull Employed as agricultural laborers
bull Employed in the domestic service of any person or family in a home
bull Employed by a parent or spouse
bull Employed as an independent contractor
bull Employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
bull Employed by an employer subject to the Railway Labor Act such as railroads and airlines
bull Employed by any other person who is not an employer as defined in the NLRA
Source httpwwwnlrbgovrights-we-protectemployee-rights
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-15Copyright UIUC Labor Education Program 2015
Resources for enforcing workersrsquo rights(10 min) Fact sheets and discussion
Instructor passes out Handout 2-4 Chicago Worker Centers Handout 2-7 Government Agencies and Handout 2-8 Agency Time Limits Review each briefly
For each one ask people to raise hands if they have used this resource
Ask for 1-2 volunteers to share their experience with the agency or organization
Give the class 5-7 minutes to look up organizations that interest them Ask if people would like help using the Internet Ask for people who feel comfortable on the Internet to pair up with them
Introduce Handout 2-5 Worker Rights Storyboard ldquoArdquo as the common sequence of events for workers addressing complaintsissues on their job
Ask class to suggest complaints instructor picks one Instructor asks for volunteers to readinterpret the different scenes aloud and then the instructor elaborates or gives examples of what the person(s) would do about the complaint chosen as an illustration
Following the storyboard exercise ask the class about risks for workers of taking actions in a workplace Discuss and write on flip chart paper
Ask the class about risks for workforce development staff and agencies How do they handle employers who are not protecting all rights of their employees How do they balance keeping employers with protecting their clientsrsquo rights as workers Discuss and chart on flip chart paper
Discuss the limitations of these agencies Analyze why we need multiple strategies
Comment if necessary to balance an example or answer a question
Emphasize that they will learn more about these groups and agencies in this training
Activity
2-3
NOTE
In using this curriculum workforce development staff in the Chicago area are able to talk about worker centers as a resource Across the rest of the state workforce development staff can encourage workers to seek support from churches immigrant organizations community action organizations or experienced union members
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
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S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-16 Copyright UIUC Labor Education Program 2015
Labor History Notes
HOW DID UNIONS BECOME A FORCE IN CHICAGO
During the Great Depression of 1930rsquos 25 of all Americans were unemployed In 1932 unemployed WWI veterans went to Washington as a ldquoBonus Armyrdquo They set up tents and marched for early payment of a bonus promised to WWI vets Congress failed to fund the bonus and military troops broke up the vetsrsquo camps with tear gas and bayonets
In 1932 Franklin D Roosevelt was elected President and government began to pass laws to help the unemployed get jobs Huge numbers of workers organized to get better wages and working conditions Unions fought to include every worker in their industries -ndash men and women black and white and skilled and unskilled workers no matter what job they had in the industry Keeping workers together in large industrial unions make them strong in numbers and increased their power
Manufacturing workers unionize in ChicagoIn Chicago ldquoBack of the Yardsrdquo was the meat capital of the US Chicago workers in vital industries ndash steel electrical and packinghouse ndash organized
for higher wages better working conditions and union rights During World War II (1941-1945) American industry expanded to meet the demand for weapons and materials women went into factories learned new jobs and joined unions
Steady union jobs make prosperous neighborhoodsInto the1960s steady well-paid union jobs common on the south and west side of Chicago supported those communities Workers in steel electrical railroad and meatpacking industries had good benefits ndash including a minimum 32-hour week overtime and vacation ndash and strong grievance procedures to protect them from employers treating them unfairly Unionized African-Americans whites and later Latinos owned their homes in neighborhoods with small factories stores theatres and nightclubs which they patronized thereby supporting their neighborhood economy
Sources Roger Horowitz Negro and White Unite and Fight A Social History of Industrial Unionism in
Meat Packing 1930-90 Urbana IL University of Illinois Press 1997
Eric Arnesen ldquoUnited Packinghouse Workers of AmericaPackinghouse Workers Organizing Committeerdquo Encyclo-pedia of United States Labor and Working Class History Volume 1 New York Taylor and Francis Group 2007
Mural by William Walker History of the Packinghouse Worker 1974 4859 South Wabash Chicago
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-17Copyright UIUC Labor Education Program 2015
Handout 2-4
CHICAGO WORKERSrsquo CENTERS
ARISE CHICAGO For all workers1436 W Randolph Suite 202Chicago IL 60607Phone (773) 769-6000wwwarisechicagoorg
CHICAGO WORKERS COLLABORATIVE For all workers especially employees of tempday labor agencies37 S Ashland AveChicago IL 60607wwwchicagoworkerscollaborativeorgpostmasterchicagoworkerscollaborativeorgToll Free 1-877-77-LUCHAToll Free 1-877-775-8242Chicago Waukegan amp Rolling Meadows IL
RESTAURANT OPPORTUNITIES CENTERFor food service workers77 W Washington Suite 812Chicago IL 60602Phone (312) 629-2892httprocunitedorgchicago
LATINO UNIONFor all workers especially construction and domestic workers3416 W Bryn MawrChicago IL 60659Phone (773) 588-2641wwwlatinounionorg
CENTRO DE TRABAJADORES UNIDOSIMMIGRANT WORKERSrsquo PROJECTFor all workers3200 E 91st StChicago IL 60617Phone (773) 349-2806wwwcentrodetrabajadoresunidosorg
CHICAGO COMMUNITY AND WORKERSrsquo RIGHTSFor all workers1900 S Carpenter StChicago IL 60608Phone (773) 653-3664 (773) 450-5623httpchicagoworkersrightsorg
WORKERS CENTER FOR RACIAL JUSTICEFor all workers500 E 61st St 2nd floorChicago IL 60637(312) 631 1161wwwcenter4racialjusticeorg
WAREHOUSE WORKERS FOR JUSTICEFor warehouse workers37 S Ashland AveChicago IL 60607(888) 344-6432wwwwarehouseworkerorg
(Pho
togr
aph
by O
rego
n D
epar
tmen
t of
Tra
nspo
rtat
ion
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-18 Copyright UIUC Labor Education Program 2015
Handout 2-5
WORKER RIGHTS STORYBOARD ldquoArdquo
Drawing by Alison Dickson
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-19Copyright UIUC Labor Education Program 2015
Handout 2-6
FREE WORK-RELATED LEGAL CLINICS IN CHICAGO
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-20 Copyright UIUC Labor Education Program 2015
Handout 2-7
GOVERNMENT AGENCIES THAT ENFORCE LABOR LAWS
Cook County Commission on Human Rights69 W Washington Suite 3040Chicago IL 60602Phone (312) 603-1100TDD 312-603-1101
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person (strongly recommended) or call to request a complaint form be sent to your home Walk-ins welcome The interview process may take up to 2 hours Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance which protects workers employed in Cook County from discrimination based on race color sex age religion disability national origin ancestry sexual orientation marital status parental status military discharge status source of income housing status or gender identity
City of Chicago Bureau of Business Affairs and Consumer Protections
If you believe you have been paid less than the required minimum wage you may file a complaint against your employer with the City of Chicago by calling 311 or going to httpwwwcityofchicagoorgminimumwage to complete a complaint affidavit
Employees are not required to provide and the City will not request information regarding the immigration status of any person filing a complaint
If BACP successfully prosecutes your complaint you are entitled to full payment of back wages In addition employers are potentially liable to the City for fines ranging from $500 to $1000 per violation as well subject to business license suspension or revocation BACP will not act as any employeersquos private attorney
An employee has the right to file a civil action against his or her employer in circuit court if the employee was
paid less than the minimum wage required by law In such an action an employee may recover three times the amount of the underpayment plus costs and reasonable attorneyrsquos fees
City of Chicago Commission on Human Relations740 N Sedgwick 3rd FloorChicago IL 60654Phone (312) 744-4111TTY 312-744-1088wwwcityofchicagoorghumanrelations
Offers assistance in Spanish Open Monday-Friday 9am - 5pm
File in person (strongly recommended) or by mail Walk-ins welcome until 2pm The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The City of Chicago Commission on Human Relations enforces the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance and investigates and punishes acts of discrimination based on race sex color age religion disability (mental or physical) national origin ancestry sexual orientation marital status parental status military discharge status source of income or gender identity in housing employment credit bonding and public accommodations
Equal Employment Opportunity Commission (EEOC)500 W Madison - Suite 2000Chicago IL 60661Phone (312) 353-2713Toll Free 1-800-669-4000TTY 1-800-669-6820httpwwweeocgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am-330pm for filing complaints in person
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-21Copyright UIUC Labor Education Program 2015
Appointments strongly recommended and given first priority but walk-ins are welcome Visitors to the office must show identification to enter the building The interview process may take up to 2 hours Telephone interviews can be arranged in certain situations Call toll free number to begin to file a charge by phone Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The EEOC administers Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race color religion sex or national origin
Illinois Department of Human Rights James R Thompson Center100 W Randolph Street Suite 10-100Chicago IL 60601Phone (312) 814-6200TTY 312-263-1579Fax Administration (312) 814-1436Fax Charge Process (312) 814-6251Fax Compliance (312) 814-2397httpwwwstateilusdhr
Offers assistance in Spanish and Polish Open Monday-Friday 830am - 5pm
File in person Monday through Thursday The interview process may take up to 2 hours No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
The Department of Human Rights administers the Illinois Human Rights Act which prohibits discrimination because of race color religion sex national origin ancestry citizenship status (with regard to employment) age 40 and over marital status physical or mental handicap military service unfavorable military discharge and sexual orientation
Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC)Toll Free 1-800-255-7688TTY 1-800-237-2515httpwwwusdojgovcrtoscindexhtml
Offers assistance in Spanish and Polish translators upon request Open Monday-Friday 9am - 5pm
Call to request a form be sent to your home Fill it out and return it to the address on the form Undocumented workers are NOT protected from discrimination under this law Therefore they cannot file charges with the OSC
The OSC is a federal government agency that enforces the anti-discrimination provisions of the Immigration and Nationality Act which protect US citizens and legal immigrants from employment discrimination based upon citizenship or immigration status and national origin from document abuse and from employer retaliation
US Department of Labor (USDOL) ndash Wage and Hour Division ChicagoDistrict Office230 South Dearborn Street Room 412Chicago IL 60604Phone (312) 596-7230Fax (312) 596-7251Toll Free 1-866-487-2365httpwwwwagehourdolgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 4pm
Walk-ins welcome or send a letter or fax describing your problem Include your phone number and a time that you can be reached Or leave a message at the office number including your phone number and a time that you can be reached and a representative will return your call within one business day Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS) DHS may or may not pursue cases referred by the USDOL
Handout 2-7
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-22 Copyright UIUC Labor Education Program 2015
USDOL is a federal government agency charged with administering and enforcing among other federal laws the Fair Labor Standards Act the Family and Medical Leave Act the Migrant and Seasonal Agricultural Worker Protection Act the DavisBacon Act and the WARN Act
US Department of Labor ndash Office of Labor-Management Standards (OLMS) Chicago District Office230 South Dearborn Street Suite 774Chicago IL 60604Toll Free (866) 4-USA-DOLPhone (312) 596-7160wwwolmsdolgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
Walk-ins welcome Or call office number and leave a message if no one available to answer your call Or download forms online fill it out and mail to address on form Or call the toll free number from 8am ndash 8pm Eastern Time Monday through Friday No fee The USDOL investigates complaints filed by workers regardless of citizenship and immigration status However if the USDOL finds irregularities he or she is required by law to report the findings to the Department of Homeland Security (DHS)
The USDOLrsquos Office of Labor-Management Standards is a federal agency charged with enforcing the Labor-Management Reporting and Disclosure Act of 1959 which ensures that unions and labor organizations in the private sector are in compliance with standards of democracy and fiscal responsibility
Illinois Department of Labor (IDOL)160 N LaSalle St Suite C-1300Chicago IL 60601Phone (312) 793-2800TTY 888-758-6053 httpwwwstateilusagencyidol
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to request a complaint form be sent to your home or download online Fill it out and return it
to the address on the form It may take up to 12 months to fully process your claim You have a better chance of recovering your wages if other employees file similar complaints No fee Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
IDOL is a state government agency charged with administering and enforcing among other Illinois state laws the Minimum Wage Act the One Day of Rest in Seven Act the Illinois Wage Payment and Collection Act the Personnel Records Review Act the Day and Temporary Labor Services Act the Prevailing Wage Act the Illinois Health and Safety Act and the Victimsrsquo Economic Security and Safety Act
Illinois Workerrsquos Compensation Commission (IWCC)100 W Randolph St ndash8th Floor Suite 200Chicago IL 60601General (312) 814-6611Toll Free 1-866-352-3033TTY (312) 814-2959wwwiwccilgovE-mail mailtoinfoquestionswccillinoisgov
Offers assistance in Spanish Open Monday-Friday 830am ndash 5pm
File a charge by calling to request that a form be sent to your house or download online You may call to speak with a representative or send questions via e-mail Undocumented workers may apply The Commission does not report undocumented workers to the Department of Homeland Security (DHS)
The IWCC is a state government agency that enforces the Illinois Workerrsquos Compensation Act a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases
Handout 2-7
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-23Copyright UIUC Labor Education Program 2015
National Labor Relations Board (NLRB)The Rookery Building209 South LaSalle Street Suite 900Chicago IL 60604-5208Phone (312) 353-7570Toll Free 1-866-667-NLRB (6572)TTY 1-866-315-NLRB (6572)httpwwwnlrbgov
Offers assistance in Spanish and Polish Open Monday-Friday 830am ndash 5pm
Call to speak with a representative first Depending upon the charge you are filing you may need to file in person Otherwise you can request that a form be sent to your home or download online Fill out and mail to the address on the form Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS) However if the NLRB is made aware of a workerrsquos immigration status this may change the outcome of the investigation
The NLRB administers the National Labor Relations Act which governs labor relations between unions and employers in the private sector
Illinois Labor Relations Board160 North LaSalle Street Suite S-400Chicago Illinois 60601-3103Phone (312) 793-6400Spanish (312) 793-6353TTY (312) 793-6394Fax (312) 793-6989httpwwwstateilusilrb
Offers assistance in Spanish Open Monday-Friday 830am-5pm
You may file a charge or petition in person at the State or Local Panel office (depending upon the type of charge) via first class registered or certified mail or by fax (following specific instructions) Call to speak with a representative first regarding what papers you will need and where you should file
The Illinois Labor Relations Board governs labor relations between unions and public employers such as state or municipal governments
Handout 2-7
Phot
ogra
ph b
y U
S
Nav
y
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-24 Copyright UIUC Labor Education Program 2015
Illinois Educational Labor Relations Board160 North LaSalle StreetSuite N-400Chicago IL 60601-3103Phone (312) 793-3170TTY 1-800-526-0844httpwwwillinoisgovelrbcontactcfm
Open Monday-Friday 830am ndash 5pm
You may file a charge or petition in person via mail or by fax Visitors to the office must show identification to enter the building Call to speak with a representative first regarding what papers you will need
The Illinois Education Labor Relations Board governs labor relations between unions and workers employed full or part-time by an educational employer
Occupational Safety and Health Administration (OSHA)Regional Office230 South Dearborn Street Room 3244Chicago Illinois 60604Phone (312) 353-2220Emergency 1-800-321-OSHA (6742)TTY 7-877-889-5627httpwwwoshagov Southern Chicago and Suburbs1600 167th Street Suite 9Calumet City IL 60409Phone (708) 891-3800Fax (708) 862-9659Northwest Chicago and Suburbs701 Lee Street Suite 950Des Plaines IL 60016Phone (847) 803-4800Fax (847) 390-8220
Offers assistance in Spanish and Polish Open Monday-Friday 8am - 430pm
File a complaint in person by mail via fax or online Walk-ins are welcome but if you need assistance in Spanish or Polish you should call to make an appointment first Download a complaint form online
to fill out and mail or fax to the office Complaints filed online will be handled informally by making a phone call to the employer Written complaints are more likely to result in an onsite investigation Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
OSHA is part of the USDOL and enforces the Occupational Safety and Health Act
Pro-Se CourtDaley Center Room 60250 W WashingtonChicago IL 60602Phone (312) 603-5626
Open Monday-Friday 830 am-3 30 pm Offers assistance in Spanish from 1000am-300pm Monday-Friday
In Pro-Se Court a person owed $1500 or less in wages can file a lawsuit against an employer without the assistance of an attorney Fill out a complaint form in person at the Pro-Se Court Help Desk to begin the lawsuit The staff there can assist you but they cannot offer you legal advice You will be charged a filing fee based upon how much money you are owed Ask the Pro-Se Court Help Desk for the specific filing fees You must file your claim within 5 years if you had a verbal contract with your employer and within 10 years if you had a written contract Since you are representing yourself you will have to be present at any and all hearings before the judge and file all the necessary paperwork until your case is closed For more information contact the Pro-Se Court Help Desk at the above phone number Undocumented workers can file complaints with this agency It will not report undocumented workers to the Department of Homeland Security (DHS)
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-25Copyright UIUC Labor Education Program 2015
HANDOUT 2-8
Agency Time Limits
US Department of Labor
Illinois Department of Labor
Equal Employment Opportunities Commission
Illinois Department ofHuman Rights
City of ChicagoCommission on HumanRelations
Office of Special Counsel forImmigration-Related UnfairEmployment Practices
Occupational Health and Safety Administration
Illinois Workersrsquo Compensation Commission
Illinois Department ofUnemployment Security
City of Chicago Bureau of Business Affairs and Consumer Protections
National Labor RelationsBoard
bull Wage violationbull FMLA violations
bull Wage violationbull Payroll debitcredit cards violationbull Employee misclassification
(in construction work)
Discrimination based on race religion gender national origin age disability
Discrimination based on same categories as EEOC plus citizenship status marital status military service unfavorable military discharge homelessness and sexual orientation
Discrimination based on same categories as EEOC plus sexualorientation gender identity marital status parental status military discharge status or source of income
Discrimination based on citizenship status national origin and document abuse
bull Safe amp healthy working Conditionsbull Awareness about toxic substances
Compensation for an injury at work
Unemployment Insurance
Minimum wage violation
Retaliation for participation in a union organizing campaign
Government Agency Rights Enforced Time Limit
bull 2-3 years after wages were originally due
bull 2-3 years after violation occurred
bull 180 days after wages were originally due
bull 180 days after the violation occurred
300 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
180 days after the incidentoccurred
bull 6 months after the violation occurred
bull 180 days after a violation ocurred
2-3 years after the accident
Individual should apply as soon as he or she loses hisher job
365 days after wages were originally due
180 days after retaliation occurred
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-26 Copyright UIUC Labor Education Program 2015
Who is a worker(30 min) Match lists and discuss chart analysis and short talks
See Handout 2-9 Workers amp Job Categories On the left is a list of specific jobs On the right is a list of job categories A worker may belong to more than one category
Pair up with someone you have not worked with
bull Decide which categories apply to each worker and put the abbreviations in the space next to the worker
bull Circle the job categories that have benefits
bull Put an asterisk next to categories of workers who are most difficult to fire
Go through the list of workers with the whole class and ask which category or categories each worker belongs to Chart any questions (5 min)
Below are key points about the different categories of workers Give a short talk making the key points about each category Try to answer the questions raised If any remain find the answer before your next session and share it then
At-will employmentAn employee can be let go at any time for a good reason a bad reason or no reason at all Likewise an employee can leave their job at any time without giving notice
Exceptions to at-will employment
bull Fired because of illegal discrimination
bull Working under a collective bargaining agreement
bull Fired because of retaliationwhistle-blowing
bull Working under some other legal contract (different from an employee manual)
Misclassification of employees as independent contractorsIn discussion of independent contractors use Handout 2-10 Employee v Independent Contractor to show the differences between the two categories
Activity
2-4
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-27Copyright UIUC Labor Education Program 2015
Instructor asks participants if they have ever worked as an at-will employee As an independent contractor On what kind of jobs What differences did you notice between treatment as employees and as independent contractors Any questions
Employers often try to shift the responsibility of their workers away from their company by calling them ldquoindependent contractorsrdquo What are three major reasons employers try to classify workers as contractors
1 To avoid observing workersrsquo rights laws (minimum wage overtime worker health and safety workerrsquos compensation for injury on the job protection against discrimination and right to form a union and bargain collectively)
2 To avoid paying benefits (Social Security health insurance family and medical leave pensions sick days vacation days unemployment insurance)
3 To pay lower wages (no guarantee of minimum wage and overtime)
Point out the article Handout 2-11 Robert Reich ldquoWhy Wersquore All Becoming Independent Contractorsrdquo httprobertreichorgpost111784272135VOt2htkuSRQgmail
Read highlighted parts aloud Instructor asks class to read rest of article on their own to find out how Fed Ex workers went to court asking to be employees and not independent contractors See Reichrsquos recommendations for reducing the use of the independent contractor classification
Unionized employeesSee Handout 2-13 The Union Difference for a comparison of unionized and non-unionized workers benefits Unionized workers work under a collectively bargained agreement ndash a legally binding contract - that protects their wages benefits and working conditions
The total number of unionized employees has declined for many reasons Yet unorganized workers ndash like retail workers at Wal-Mart fast food workers and other service sector workers ndash are organizing for higher minimum wages (Fight for 15) improved working conditions and the right to organize as protected by the NLRA
There are many reasons that union membership has declined since the 1970rsquos Corporations have restructured the workforce to part-time and temporary work The largest manufacturing industries (such
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-28 Copyright UIUC Labor Education Program 2015
as steel auto and electronics) have gone global exporting production to foreign countries with favorable tax laws and little or no labor protection Conservative governors have campaigned to break public employee unions and defund employee pensions
States have passed anti-union legislation like right-to-work laws A right-to-work law makes union organizing difficult because these laws forbid union contracts from requiring workers to pay dues and fees in workplaces that are covered by collective bargaining agreements Under federal law unions are obligated to represent all workers in a unionized shop regardless of whether or not those workers are paying dues and fees Over 20 states mostly in the South and West have right-to-work laws Employees benefit from the unionrsquos contract wages and benefits but do not have to join the union In a ldquounion shoprdquo the union contract require all workers to pay fair share union dues which covers cost of negotiation and administering the contract
Full time workersFull time workers may have a work agreement like a contract or be entirely at will They are more likely to have benefits and access to other worker rights such as FMLA leave
Part time workersPart time work is another major trend in the workforce Employers like it because they donrsquot have to pay benefits Employees tend to find it stressful - their schedules change often with little notice They have to work more than one job and that makes family life and good health difficult Part time workers are more subject to low wages and variable work schedules
Temporary workersTemp workers are likely to have two sets of employers the agencies that hire them and companies where they work like large retail warehouses The employer responsible for their compensation and benefits is the temp agency Temp workers are entitled to all of the rights and protections afforded other employees under the law Because rampant wage theft and other worker rights violations have historically plagued the temp industry temp workers in Illinois have additional protections Pass out Handout 2-12 Temporary Workers and suggest participants read it on their own
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-29Copyright UIUC Labor Education Program 2015
Labor History Notes
WHAT HAPPENED TO GOOD JOBS IN CHICAGO
Machines do more of the workBy the 1960rsquos big meatpacking corporations began automating the meat production process requiring fewer and less skilled workers City plants moved to small Midwestern towns nearer cattle ranches Companies downsized their workforce laying off thousands of workers Automation had a similar impact throughout manufacturing
Global spread of American factories leaves unemployed behindProduction in steel and electrics and other industries moved overseas to find cheaper non-union labor and fewer regulations Railroads downsized crews Union jobs with benefits and pensions disappeared Prosperous stable neighborhoods lost income and residents couldnrsquot afford to patronize local business Real estate companies played on racial fears to cause ldquowhite flightrdquo to the suburbs and to create segregated black neighborhoods At the same time Chicago city government reduced investment and
city services in black and poor communities and did nothing to stop realtorsrsquo segregation or small factories and businesses closing up
Vietnam vets return looking for opportunityIn the 1970s Vietnam War vets returned home to find vanishing jobs Public housing became home to poor families with welfare rules that hurt family stability Organized crime expanded the market for drugs and guns while police departments did little and often aided the drug market Quality of life in neighborhoods on the south and west sides of Chicago deteriorated as a result of loss of jobs and income Residents despaired over unemployment losing homes imprisonment of young black men violence high stress and a lack of medical services The effects of job flight and low investment are still felt today in these communities as they organize to improve those conditions
Phot
o by
Bob
Sim
pson
Fl
ickr
M
ay D
ay 2
015
Chi
cago
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-30 Copyright UIUC Labor Education Program 2015
Handout 2-9a
WORKERS IN JOB CATEGORIES
WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider ______________________________________________
How about an occasional babysitter ______________________________________
Highway construction worker ____________________________________________
How about a residential construction worker _______________________________
Certified Nursing Assistant ______________________________________________
Chicago Public School teacher ___________________________________________
How about a charter school teacher ______________________________________
Cleaning lady ndash works for herself ________________________________________
How about a cleaning lady who works for a cleaning agency _________________
Joliet warehouse worker ________________________________________________
Chicago Public School janitor ____________________________________________
How about a janitor who works at an office building ________________________
UPS truck driver _______________________________________________________
How about a FedEx truck driver __________________________________________
Loop hotel housekeeper ________________________________________________
How about a hotel housekeeper in Arlington Heights ________________________
Dunkin Donuts manager ________________________________________________
How about a Dunkin Donuts counter clerk _________________________________
Comcast cable serviceman _______________________________________________
Taxi driver _____________________________________________________________
How about an Uber driver _______________________________________________
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-31Copyright UIUC Labor Education Program 2015
Handout 2-9b
WORKERS IN JOB CATEGORIES WHICH OF THESE APPLY TO EACH JOB BELOW
Directions Put the letter abbreviations of all the job categories that apply to each worker next to the workers below
AW - At will employeeIC - Independent contractorUW - Unionized workerTW ndash Temporary worker
Licensed child care provider Probably IC
How about an occasional babysitter IC
Highway construction worker UW
How about a residential construction worker Probably IC maybe AW
Certified Nursing Assistant Probably AW maybe UW
Chicago Public School teacher UW
How about a charter school teacher Probably AW maybe UW
Cleaning lady ndash works for herself IC
How about a cleaning lady who works for a cleaning agency AW maybe TW
Joliet warehouse worker AW probably TW
Chicago Public School janitor UW
How about a janitor who works at an office building Probably AW maybe UW
UPS truck driver UW
How about a FedEx truck driver AW or IC
Loop hotel housekeeper Probably UW maybe AW
How about a hotel housekeeper in Arlington Heights Probably AW maybe UW
Dunkin Donuts manager AW
How about a Dunkin Donuts counter clerk AW
Comcast cable serviceman IC or AW
Taxi driver AW or IC or UW
How about an Uber driver IC
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-32 Copyright UIUC Labor Education Program 2015
HANDOUT 2-10
Employee v Independent Contractor
EMPLOYEE INDEPENDENT CONTRACTOR
Usually paid by the hour Paid by the job or by commission
Job does not require a particular skill Job requires skill or craftsmanship
Employer sets workerrsquos hours Worker sets own hours
Employer provides worker with tools and Workers provides own tools and equipment equipment
Payroll taxes are withheld from Taxes are not withheld from workerrsquos workerrsquos paycheck paycheck or worker is paid in cash
Examples Hairdresser working Examples Hairdresser renting chair at for a beauty salon beauty salon
THE EMPLOYEE CLASSIFICATION ACT Under Illinois law an individual performing services for a contractor is an employee unless
bull They are free from control or direction over the performance of the services
bull The service performed is outside the usual course of services performed by the contract
bull The individual is engaged in an independently established trade occupation profession or business
Applicable to all construction work in Illinois including
bull Public and private construction
bull Residential and commercial building
bull Road bridge sewer railroad excavation and water works
Phot
ogra
ph b
y U
S
Arn
y C
orps
of
Engi
neer
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-33Copyright UIUC Labor Education Program 2015
HANDOUT 2-11
ldquoWhy Wersquore All Becoming Independent Contractorsrdquo_____________________________________________________________________________Robert Reich SUNDAY FEBRUARY 22 2015 httprobertreichorgpost111784272135_____________________________________________________________________________
GM is worth around $60 billion and has over 200000 employees Its front-line workers earn from $19 to $2850 an hour with benefits Uber is estimated to be worth some $40 billion and has 850 employees Uber also has over 163000 drivers (as of December ndash the number is expected to double by June) who average $17 an hour in Los Angeles and Washington DC and $23 an hour in San Francisco and New York But Uber doesnrsquot count these drivers as employees Uber says theyrsquore ldquoindependent contractorsrdquo
What difference does it make
For one thing GM workers donrsquot have to pay for the machines they use But Uber drivers pay for their cars ndash not just buying them but also their maintenance insurance gas oil changes tires and cleaning Subtract these costs and Uber driversrsquo hourly pay drops considerably
For another GMrsquos employees get all the nationrsquos labor protections
These include Social Security a 40-hour workweek with time-and-a-half for overtime worker health and safety workerrsquos compensation if injured on the job family and medical leave minimum wage pension protection unemployment insurance protection against racial or gender discrimination and the right to bargain collectively
Not to forget Obamacarersquos mandate of employer-provided healthcare
Uber workers donrsquot get any of these things Theyrsquore outside the labor laws
Uber workers arenrsquot alone There are millions like just them also outside the labor laws mdash and their
ranks are growing Most arenrsquot even part of the new Uberized ldquosharingrdquo economy
Theyrsquore franchisees consultants and free lancers
Theyrsquore also construction workers restaurant workers truck drivers and office technicians even workers in hair salons
What they all have in common is theyrsquore not considered ldquoemployeesrdquo of the companies they work for Theyrsquore ldquoindependent contractorsrdquo ndash which puts all of them outside the labor laws too
The rise of ldquoindependent contractorsrdquo Is the most significant legal trend in the American workforce ndash contributing directly to low pay irregular hours and job insecurity
What makes them ldquoindependent contractorsrdquo is the mainly that the companies they work for say they are So those companies donrsquot have to pick up the costs of having full-time employees
But are they really ldquoindependentrdquo Companies can manipulate their hours and expenses to make them seem so
Itrsquos become a race to the bottom Once one business cuts costs by making its workers ldquoindependent contractorsrdquo every other business in that industry has to do the same ndash or face shrinking profits and a dwindling share of the market
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-34 Copyright UIUC Labor Education Program 2015
Some workers prefer to be independent contractors because that way they get paid in cash Or they like deciding what hours theyrsquoll work
Mostly though they take these jobs because they canrsquot find better ones And as the race to the bottom accelerates they have fewer and fewer alternatives
Fortunately there are laws against this Unfortunately the laws are way too vague and not well enforced
For example FedEx calls its drivers independent contractors
Yet FedEx requires them to pay for the FedEx-branded trucks they drive as well as the FedEx uniforms they wear and FedEx scanners they use ndash along with insurance fuel tires oil changes meals on the road maintenance and workers compensation insurance If they get sick or need a vacation they have to hire their own replacements Theyrsquore even required to groom themselves according to FedEx standards
FedEx doesnrsquot tell its drivers what hours to work but it tells them what packages to deliver and organizes their workloads to ensure they work between 95 and 11 hours every working day
If this isnrsquot ldquoemploymentrdquo I donrsquot know what the word means
In 2005 thousands of FedEx drivers in California sued the company alleging they were in fact employees and that FedEx owed them the money they shelled out as well as wages for all the overtime work they put in
Last summer a federal appeals court agreed finding that under California law ndash which looks at whether a company ldquocontrolsrdquo how a job is done along with a variety of other criteria to
determine the real employment relationship ndash the FedEx drivers were indeed employees not independent contractors Does that mean Uber drivers in California are also ldquoemployeesrdquo That case is being considered right now
What about FedEx drivers and Uber drivers in other states Other truck drivers Construction workers Hair salon workers The list goes on
The law is still up in the air Which means the race to the bottom is still on
Itrsquos absurd to wait for the courts to decide all this case-by-case We need a simpler test for determining who are an employer and employee
I suggest this one Any corporation that accounts for at least 80 percent or more of the pay someone gets or receives from that worker at least 20 percent of his or her earnings should be presumed to be that personrsquos ldquoemployerrdquo
Congress doesnrsquot have to pass a new law to make this the test of employment Federal agencies such as the Labor Department and the IRS have the power to do this on their own through their rule making authority
_________________________________________
Source httprobertreichorgpost111784272135VOt2htkuSRQgmail
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-35Copyright UIUC Labor Education Program 2015
HANDOUT 2-12Temporary Workers
To report violations or make a compaint call our toll-free hotline at 1-877-314-7052
Source httpswwwillinoisgovidollaws-rulesflspagesday-temporary-laboraspx
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Workersrsquo Rights for Workforce Development
2-36 Copyright UIUC Labor Education Program 2015
HANDOUT 2-13
The Union Difference ndash Benefits and Earnings 2015
Source httpwwwaflcioorgLearn-About-UnionsWhat-Unions-DoThe-Union-Difference
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on
Unit 2 ndash Introduction to Workersrsquo Rights on the Job
2-37Copyright UIUC Labor Education Program 2015
Common work place violations and solutions(10 minutes) Free write
Instructor gives participants a blank piece of paper for writing Ask them to write about an on the job experience in which their rights were violated
bull What was the violation
bull Did they feel able to do something about the situation
bull If yes what did they do
bull How did it turn out
bull If no what made them think it was too risky or impossible to act
bull Was there a union on the job Did that make a difference
Give the class about 4-5 minutes to write Say that we can return to these incidents and discuss them at a later time
ACTIVITY
2-5
Phot
ogra
ph b
y C
orey
Tem
plet
on