Tuesday, April 14, 2015

Sick Leave Law Fails

A Latina union member speaks in favor of paid sick leave.

A much-discussed sick leave ordinance failed, 3-3, after two more hours of public comment Monday.

Councilwoman Rebecca Williams urged her fellow legislators to make Plainfield the tenth city in New Jersey to pass legislation allowing workers to earn paid sick days, but only Cory Storch and Tracey Brown joined her in voting "yes" for final passage. Gloria Taylor, Diane Toliver and Council President Bridget Rivers voted "no."

The ordinance passed unanimously on first reading in February, but after a large turnout of business owners in March, final passage was put off until April. Business owners said they were not informed of the law's provisions, while union representatives and worker, some speaking through translators, endorsed the public health argument for paid sick days. Before a public hearing Monday, the council agreed to amendments lowering a fine for violations from $2,000 to $750 per day and dropping public disclosure of violators' names. 

Storch sought to add a previously-discussed amendment to to exempt business owners with fewer than 10 employees, but Williams objected, saying it would "take the teeth out of this law."

She criticized Storch's suggestion as "unconscionable" and meant only to appease business owners. Taylor said she agreed with Storch, but also claimed the business owners needed more time to understand the ordinance.

"I just think we need to look at this again," she said, but her request to table the ordinance failed, as did Storch's amendment.

Speakers brought up new issues Monday, such as how the law would affect employers who pick up day laborers and whether it would affect employees of nonprofit organizations and churches. The answer to the latter was yes. 

The factions applauded, stomped their feet and shouted as speakers made their points. Some saw passage at the state level better, others said it would be vetoed by Gov. Chris Christie. Nonresidents, including advocates for the law, had to speak last after all city residents, and were branded as outsiders pushing their agenda on the city. But Williams said she brought the legislation to the council. Speakers pointed to other cities that passed similar laws, while others cited backlashes in a couple of them.

School board president Wilma Campbell and her political "kingmaker" husband John each described leaving jobs to start their own business and described the effect they felt the law would have on small business owners. 

"It's a burden, it's an absolute burden," Wilma Campbell said "It's bad for growth in this town."

John Campbell called the legislation "job-killing" and branded one advocate a "snake oil salesman." Telling a homey anecdote about looking at both sides of an issue, he said, "If you don't have no job, there ain't going to be no sick pay."

--Bernice

17 comments:

  1. Once again, what happened to Vera?

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  2. Wonder how many of those who spoke out would take a job with no sick pay. I also question business owners who don't understand the bill and ask why not? Don't you keep abreast of legislation that has to do with your future?

    However, it does appear that the City Council is acting like a bunch of Republicans. Let's put business ahead of the workers.

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  3. I think the Blacks in Plainfield don't like the Latinos.

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    1. And visa versa. The Latinos saved Plainfield. If they hadn't rented the stores and opened businesses downtown Plainfield would be a ghost town. It may not be the elegant downtown it once was, but at least its not streets full of boarded store fronts and rotting buildings.

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    2. Please let's not the the tactic of divide and conquer be a tool used against us. This is about class warfare and the 1 percent uses race to keep the 99 percent minds off the real issues. The real struggle in the 21st century is not about race but about place. Twenty years from now plfd will be populated by black and brown people who speak Spanish. In closing let us unite to establish peace , progress, and prosperity for all.
      Mr. X

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    3. There will not be peace and progress until we all come together as human beings and stop segregating people people by race, color, gender, religion, language and on and on.

      At some point, most of the "haves" were "have-nots" who worked up to what they have today -- without sick paid leave laws and all sorts of other social programs that exist today.

      So many social programs championed by politicians and activists often hurt more than help.

      If you're going to preach progress, then please do just that -- your comments often come off more as inflammatory and divisive rather than truly for peace and progress.

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    4. Social programs huh? Try the biggest one yet N.A.F.T.A !!!

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  4. What is truly sad is that low-wage workers continue to have no protection against the excesses of employers who deliberately exploit them. For those who say the ordinance is an impediment to development: PROVE IT. Do we really want to encourage developers who would not want to come to Plainfield if we have a law to protect workers? Really? Do we really want those kinds of folks here? I would like to think that we want good, ethical businesses to come here--the other kind (speaking for myself) is not welcome. The reason that I could not support the amendment to exempt businesses with 10 or less workers is because that, in effect, would harm the very people the legislation would most affect--the vast majority of businesses in our city have less than 10 workers. That would make the ordinance not even worth the paper it was printed on.

    Vera Greaves was conveniently incommunicado, and Diane Toliver uncomprehendingly switched her vote at the very last minute--literally at the last minute.

    To Taylor's continued ridiculous ranting that "this is a mess" and the other foolishness she perpetrated last night, I would hope that folks see her exposed as one who does not read what is put in front of her and who then tries to cover it up. This ordinance passed UNANIMOUSLY on first reading. So, I guess we're finding out that Taylor doesn't read her packet, and that she is most responsive to the whims of know-nothingism and politics.

    That she then publicly bashed me last night AFTER having said on previous occasions that she thought it was good legislation for our city (she said that to me personally after first reading) shows that she remains a craven opportunist and tool of her political mentor, whose fingerprints are all over the "no" votes. Political hijinks are afoot, and the real losers are the exploited low-wage workers of Plainfield. For folks who receive the benefits of earned sick days to contemptuously ignore the needs of workers who do not shows who the real "elitist" is. All the blathering about caring for "the least of these" is just that--blathering. I will reintroduce the ordinance next month--that should give the folks who are against this legislation plenty of time (how much more time do they need?) to propagandize against it. That one of the speakers would use the Freedom Foundation's purported "study" to rail against this legislation shows that they will stoop to anything to leave workers unprotected. The Freedom Foundation is a right-wing think tank that bashes unions and doesn't even believe in workers' rights to a minimum wage. I guess the lesson for Plainfield is that, if you go to a business that does not provide earned sick days, and a worker looks under the weather and yet is still serving you, you better hope you don't get sick. And for that worker, the lesson is, you'd better come to work (sick or not) or your family will suffer.

    Rebecca

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    1. Rebecca it was you who doomed the ordinance. You never stopped to listen to the concerns brought to you publicly. You said you had spoke to 800 business owners and they did not have an issue with the ordinance. You called everyone bringing concerns about the ordinance liars. If there is anyone to blame, its you. Lets hope you learn a lesson here. Personally, I doubt it. Henchmen seldom learn. They just blindly obey.

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    2. What's with this Vera vanishing act!!!

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  5. I read the actual law, coverage of the issues in the Trenton lawsuit and the analysis of economic impact in other states referenced by a Latino businessman.You really can't take other people's interpretations of things.
    Many of the other towns have a lot of industry that Plainfield doesn't have. Every version doesn't include churches, nonprofits and small businesses. There is even unpaid sick leave where you just can't get fired.

    Why Plainfield's version the most punitive?

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  6. I work in corporate American for a medium size company and I do not get any sick days. Because of my years of employment, I earn 1 full day of PTO every two weeks. My PTO (personal time off) must be used for anything and everything. If I am in the bed sick I use a PTO, if I want to take a vacation I use PTO, if I need to take care of some personal business I use PTO. Of course I take issue with having to use my vacation time for sick time but it’s want my privately owned company offers.

    I heard a lot of people comparing what they did in Jersey City by adopting the sick pay into law, however, we continue to forget we are not Jersey City, New Brunswick, Newark or even Elizabeth and I so wish people would stop making these unrealistic comparison and start thinking outside the box and build on what we have and can do realistically. Jersey City has a population of 247,597+ compared to Plainfield’s 50,000. Did anybody bother about researching the number of business in Jersey City that employed more than 10 people. I can bet that number far more exceeds the number of business in Plainfield. In every way Jersey City can afford this type of program. If we have any hope of having developers of something other than apartment buildings bringing their businesses to Plainfield, let’s not start by scaring them off with ordinance such as ‘sick pay’. Other than the city and PMUA we just don’t have enough business and employers in Plainfield to start alienating even one.

    I wonder why there was so many non-residents at the meeting in favor of this ordinance? Maybe Plainfield should think about offering some type of incentive to have Plainfield business owners hire Plainfield residents. We need jobs and businesses.

    To 8:51, did you know thinking was a source of not knowing? Are all the workers in Plainfield Latinos? I would hope we have some blacks and whites working in the city.

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  7. It is difficult to think of anything more onerous than calling someone a Republican. That is the pits. Let's increase the National Debt from 19 Trillion to 90 trillion. Why not. Its only a ledger entry. Having to deal with sick leave in a small business in NY which has a sick leave law let me describe some of the negative consequences. The old line loyal employees were always gratuitously given sick leave frequently in excess of what the law now requires. Admittedly, not every employer offers this. The transient employees usually consider sick days allowance as extra vacation days. They are not required by the Statute to call in. So when an employee decides to take advantage of this benefit, legitimately or illegitimately, he may or may not report promptly. This make problems. Particularly if that person had the responsibility to open the doors at 6:00 AM and is no show. . Then there is the issue of reporting. Along with any Governmental regulation comes rules. Typically these rules require administration, forms, reporting. In a Mom and Pop business this adds to the already oppressive requirements imposed by a myriad of existing governmental regulations. The program requires administrators. So now we have the creation of a new department and people to staff it. Then there comes to "Punishments", fines for late reporting or violations. Plainfield wanted $2,000 per day. These small businesses don't make $2,000 in a week, or possibly a month. Draconian penalties are part of the psyche of people who never put their own bucks and sweat on the line to start a business. PUNISH PUNISH PUNISH. Some reasonable fine might be appropriate but who the hell are these people to establish a number like $2,000/event. Then there should be dispute procedure. If the business disputes a finding what is their remedy?
    Another mess, and usually costly to the business owner.
    That employees should be entitled to sick benefits is fundamental to our humanitarian instincts. BUT, let's do it sensibly. First establish a minimum number of paid employees excluding owner operators from the count; say 10. Establish a formula for earing sick leave so that it can be taken only after 1 year employment, and accumulates at say the rate of say 1 day for every 2 months of service, a total of a maximum 6 days per year. That only those who work 30 hours or more per week are entitled. That the employee must call in to the employer prior to, or within the morning of the first day, they stay home. That if the employee resigns his position within 2 months after having taken sick leave that the sick leave pay will be deducted from his final pay. That sick ;leave is not cumulative and there will be no payment for accumulated sick leave if the employee resigns. If the employee is terminated, for reasons other than cause, then the employer shall pay the employee the number of days accumulated to date within the current calendar year. When the employee obtains to skills to advance to a more responsible position, or goes to work for government. In addition to salary he will obtain a bushel basket of benefits...benefits, so overwhelming that they are one of the significant components currently bankrupting our governmental agencies nation wide. Typically something like 12 paid holidays. up to 20 days vacation leave , 2 weeks sick leave, and 3 to 5 "personal days".
    Economic excess brought down the Roman Empire, the Soviet Republic. We are not immune. Bill Kruse

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  8. Fractional banking and fiat money it's all smoke and mirrors,

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  9. Well said 11:48 AM and Bill Kruse -- sensible and organized thinking.

    Small business owners in a community like Plainfield already have a great deal of issues to contend with on a daily basis -- like paying the rent and keeping the lights on, then there is quarterly filings of sales, payroll and income tax along with local and state fees for permits. Then, there is day-to-day expenses like inventory, wages and maintenance. That's a lot of money to generate JUST TO KEEP THE BUSINESS OPEN, then, it would be ideal to clear some profit for business owner to take home some money to pay personal bills.

    Other than the larger, corporately owned, businesses in Plainfield, (Comcast, PSEG, Verizon) who can afford to abide by these types of ordinances, this type of ordinance is perceived as a penalty to most business owners who are making every effort to operate a legitimate business.

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    1. Thank you Oscar. Plainfield really should be thinking of ways to entice business owners to Plainfield not drive them away or keep others from coming.

      RB (11:48)

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  10. How about a law that you have to pay the Board of Education for each day you are out of school beyond 5 per year?

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