Posts Tagged ‘domestic workers’

A killer edition of Health Wonk Review & other noteworthy news

Thursday, June 10th, 2010

Our Boston neighbor Tinker Ready hosts this week’s edition of Health Wonk Review at Boston Health News and it’s a killer edition – check it out.
Awkward – Making the web circuits, many have been posting about the Bollywood safety dance video by Transocean’s CEO. We encourage CEOs and senior managers to ensure that safety is top company priority – so on the one hand, we applaud the attempt. But in light of the recent explosion that resulted in 11 deaths, this video is ironic and embarrassing. This, coupled with the recent news that the company’s disaster response plan was riddled with egregious errors leaves one to think that BP’s risk management efforts were not as substantive as they might have appeared on the surface. The folks over at Risk Management Monitor have been posting about various aspects of the BP story. Jared Wade gives us the rundown on BP’s pattern of neglect and corner cutting as well as an infographics style rundown on the spill. Also, if you haven’t seen the wildly popular fake BP PR Twitter account, it might give you a chuckle if you are into black humor. BP is not amused by the parody.
Truck drivers & sleep apnea – A study on sleep apnea and truck drivers that was recently published in the Journal of Occupational and Environmental Medicine found that treatment for sleep apnea led to more than $6,000 in total health plan and disability cost savings per treated driver. “On average, researchers found that for treated drivers, health plan costs decreased an average of $2,700 in the first year and another $3,100 in the second year compared to no change for untreated drivers. The treated drivers also missed fewer workdays (average 4.4 days in the first year) and had lower short-term disability costs ($528 over two years).”
Battle of the pharma giants – Joe Paduda keeps an eye on the Caremark vs Walmart pharma fight and offers informed commentary about what’s going on.
No go in Ohio for Noe – The Ohio Supreme Court has rejected Thomas Noe’s request for an appeal of his convictions. You may recall that Noe got in trouble for the theft of $13 million from $50 million that he invested in rare-coins and beanie babies for the Ohio Bureau of Workers’ Compensation. His capers were a contributing factor in bringing down Governor Taft and various other state officials. Stories like this don’t surface often in workers comp – we have quite an archive from the early days of the scandal through conviction and the early days of the appeal.
Octomom settles WC claim – From California comes the news that Nadya Suleman (aka “Octomom”) settled her workers comp lawsuit for $23,120. The injury occurred more than a decade ago. See my colleague’s prior post: Comp as Enabler: The Nadya Suleman Story
Tooting our own horn – thanks to Evan Carmichael for including Workers Comp Insider in his listing of theTop 50 HR Blogs: 2010 – it’s a good list and worth checking out. EvanCarmichael.com is a good resource for entrepreneurs and small businesses.
Also, our post on N.Y.’s domestic workers bill of rights was reprinted at Today’s Workplace, an excellent group blog on issues of workplace rights and employment law sponsored by Workplace Fairness, a non-profit organization helping to preserve and promote employee rights. Both resources are well worth your attention.

NY’s Domestic Worker Bill of Rights

Monday, June 7th, 2010

In the 1930s, when the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) passed, these two laws offered labor protections to workers nationwide – with the exception of two large segments of the work population: domestic workers and agricultural workers. These groups were excluded in the interests of political expediency since a large proportion of both groups were comprised of blacks and women, two populations that weren’t generally afforded full rights in many public and social arenas at the time.
With the 33-28 vote passage of the New York State Domestic Workers’ Bill of Rights in the Senate, New York is likely to become the first state in the union to remedy that. The Bill is not yet final law – first, the Senate bill needs to be reconciled with the bill passed by the state Assembly and then Governor Patterson must sign it.
Bill Number S2311D would “… amend the labor law, the executive law and the workers’ compensation law, in relation to establishing regulations regarding employment of domestic workers including hours of labor, wages and employment contracts.” The purpose of the bill is stated as being to: “… provide domestic workers with a Domestic Workers’ Bill of Rights which would set out the responsibilities of employers and employees as well as rules for paid holidays, paid vacations and standard overtime.”
It’s estimated that there are about 200,00 domestic workers in New York, 93% of which are women and 95% of which are people of color. Because the Bill covers all domestic workers – both legal and illegal – it’s been fairly controversial. Opponents decry the increase in regulation, which some say will result in fewer jobs. Many opponents also bridle against any protection for illegal workers, feeling that offers a legitimacy. Proponents say that it will go a long way to regulating an industry that has no standards or oversight and afford basic worker rights to a largely ignored worker population. Many of those in favor of the bill also think that shedding light on some of unregulated business segments which have historically been magnets for undocumented workers will be an important step in coming to grips with the hiring of illegal workers.
In a column in the New York Daily News, Albor Ruiz notes the irony that although we trust these domestic workers with our children, our elderly parents and our homes, they are among the most exploited of society’s laborers. He cites a study by Domestic Workers United and DataCenter, which found that, “…26% of domestic workers make less than the poverty line or the minimum wage rate. Also, 33% say they have been abused verbally or physically, and half report working overtime but not being paid for it. Health insurance from their employer is a rare luxury – only 10% get it.”
From our viewpoint, we think all employers have the responsibility to provide a fair and safe workplace for all employees, regardless of the work population involved – legal, illegal, here in the US, or offshore in other countries. It’s simply the right thing to do. But for those who don’t share this value, it generally makes sense from a cost perspective, too. In our experience, doing the right thing by employees is less costly in the long run.
Related:
Domestic workers and workers’ compensation requirements by state