Posts Tagged ‘workers’

Dennis Herrera Throws Down: Workers at GMG Janitorial to Get $1.34 Million for “Healthy San Francisco” Violations

Monday, July 7th, 2014

This sounds fair enough:

“Cheated janitors to receive $1.34 million in restitution in healthcare benefits settlement –
Herrera negotiates agreement ending legal appeal; affirming administrative order and S.F. Superior Court ruling to benefit 275 current and former workers

SAN FRANCISCO (July 7, 2014) — City Attorney Dennis Herrera today finalized a settlement agreement with GMG Janitorial, Inc., ending the local company’s legal appeal of an Oct. 16, 2013 San Francisco Superior Court ruling to pay some $1.34 million to 275 of its current and former employees who were denied health care benefit expenditures to which they were entitled under the City’s Health Care Security Ordinance, or HCSO.  Enacted in 2006, the HCSO established the popular “Healthy San Francisco” program and created an employer spending requirement to fund health care benefits for employees in the City.

Under terms of the stipulated amended judgment entered with the Superior Court this morning, GMG Janitorial will remain liable for the full amount of benefits owed to workers under the original administrative orders and court ruling.  The company is required to pay installments of at least $200,000 every six months to a third-party settlement administrator, who will disburse payments to eligible employees, most of whom are Latino.  Financial incentives included in the settlement to satisfy the debt sooner involve dollar amounts otherwise owed to the City, to ensure that workers receive their full compensation plus any interest accrued.  The agreement contains additional provisions governing former employees who can’t be located and securing the debt through liens on the owner’s personal assets.

“This agreement will fully compensate employees who were denied benefits, while also assuring law-abiding competitors that they’ll no longer be undercut by businesses that cheat,” said City Attorney Dennis Herrera.  “I think this settlement reflects the strong ruling Judge Marla Miller issued last October, and I hope it sends an unmistakable message that our Health Care Security Ordinance has teeth, and that we’re committed to enforcing it aggressively.  As always on these kinds of cases, I’m grateful to everyone in the Office of Labor Standards Enforcement for their outstanding work.”

“When low-wage workers are denied their rightful health care benefits, the human consequences are incalculable,” said OLSE Manager Donna Levitt.  “Workers at GMG Janitorial weren’t getting their health care needs addressed when the case came to our attention, and it was gratifying to see GMG start providing their workers health care benefits after OLSE began its investigation.  The settlement finalized today will compensate these employees for what they were rightfully due in the first place.  The vast majority of San Francisco employers comply with both the letter and the spirit of the law, which is why it’s so important that violators are brought to justice.”

The court order issued by Judge Marla J. Miller last October found “substantial evidence” to support prior findings by San Francisco’s Office of Labor Standards Enforcement and an administrative law judge that GMG Janitorial, Inc. failed to make the required expenditures on behalf of its workers for the period 2008 to 2010.  After losing its administrative appeal before the administrative law judge, GMG Janitorial filed suit in Superior Court on July 2, 2012, arguing that the OLSE exceeded its authority under local law by ordering full restitution, and that the administrative law judge’s findings were unsupported by the evidence.  Judge Miller’s ruling decisively rejected both contentions in ordering the company to pay $1,339,028 to its employees “in order to correct its failure to make the required expenditures.”  The order additionally allowed the City to recover its costs in the action in an amount to be determined.

The San Francisco City Attorney’s Office played a key role in working with then-Supervisor Tom Ammiano and Mayor Gavin Newsom to craft the City’s groundbreaking universal health care law enacted in 2006.  Almost immediately thereafter, the office embarked on a four-year legal battle to defend the law from a challenge by the Golden Gate Restaurant Association.  The ordinance was conclusively upheld when the U.S. Supreme Court denied review in the case on June 28, 2010.

San Francisco’s OLSE enforces labor laws adopted by San Francisco voters and the San Francisco Board of Supervisors.  In addition to investigating violations of the Health Care Security Ordinance, OLSE also enforces San Francisco’s Minimum Wage Ordinance; Paid Sick Leave Ordinance; Minimum Compensation Ordinance; Health Care Accountability Ordinance; and Sweatfree Contracting Ordinance.  Violations of the Health Care Security Ordinance may be reported to OLSE at (415) 554-7892 or HCSO@sfgov.org.  Its website ishttp://www.sfgov.org/olse.

The case is: GMG Janitorial, Inc. v. City and County of San Francisco et al., San Francisco Superior Court, Case No. 512328, filed July 2, 2012.”

Dennis Herrera Throws Down: Files Legal Action to End Unlawful SFMTA MUNI “Sick-Out,” Compels Union to Arbitrate

Wednesday, June 4th, 2014

The news of the day, this third day of our MUNI crisis:

“Herrera files legal action to end unlawful “sick-out” and compel union to arbitrate wage and benefits dispute

Charges filed before Public Employees Relations Board allege union is flouting contract and City Charter provisions that could bring an end to three-day-old work stoppage

SAN FRANCISCO (June 4, 2014)— On the third day of an unlawful employee “sick-out,” in which transit workers are calling in sick en masse after contract negotiations with the Municipal Transportation Agency reached an impasse, City Attorney Dennis Herrera filed unfair labor practice charges with California’s public labor relations body against Transport Workers Union Local 250-A, seeking to compel the union to end the sick-out and abide by the City Charter by allowing a neutral arbitration board to resolve its contract dispute with the MTA. The charges, filed at the Public Employees Relations Board, the state agency that administers collective bargaining statutes covering public employees, state that in the wake of the union’s rejection of the MTA’s contract offer, the Charter of San Francisco requires the union and the City to submit to the decision of a neutral three-member arbitration board. The complaint further alleges that the sick-out is illegal under both state law and the existing contract with the workers.

“This is an unfortunate attempt by the union to get around a law and contract provisions they don’t like,” Herrera said Tuesday. “The Charter is clear that an impasse such as this one is resolved with neutral arbitration. Let’s do what the law says, begin the arbitration process, and get San Francisco moving again as soon as humanly possible.”

The PERB can take as much as a year or more to issue rulings on allegations of unfair labor practices, but San Francisco officials are hopeful that the filing of the complaint can spur the union into doing the right thing. “Our transit operators have very difficult jobs and deserve fair and competitive wages in return,” said Ed Reiskin, SFMTA Director of Transportation. “At the same time, we have an obligation to provide transit service for 700,000 riders a day and we are asking the union to follow provisions in the Charter and get everyone back to work.”

The existing contract between the union and the MTA forbids strikes and work stoppages such as the sick-out. The MTA announced Monday that it would not pay transit workers for sick time taken during the sick-out unless workers could document that they in fact met the criteria to claim sick leave.

Appendix A, section A8.409-4(a) of the San Francisco City Charter states that “disputes… which remain unresolved after good faith bargaining between the City and County of San Francisco, on behalf of its departments, boards and commissions, and a recognized employee organization representing classifications of employees covered under this part shall be submitted to a three-member Mediation/Arbitration Board (“the Board”) upon the declaration of an impasse either by the authorized representative of the City and County of San Francisco or by the authorized representative of the recognized employee organization involved in the dispute.”

San Francisco’s Appointed Mayor Ed Lee Talks About Raising the Minimum Wage, But Election Day Poll Workers Make Less Than That – Why?

Wednesday, May 14th, 2014

All right, c’mon, “Apply to be a Poll Worker!

Attend one training class that will clearly explain Poll Worker duties.”

“All Poll Workers must arrive at the polling place no later than 6:00 a.m. on Election Day. Although the polls officially close at 8:00 p.m., Election Day does not end until all materials have been picked up (usually around 9:00 p.m. or 9:30 p.m.). There will be meal breaks during the day. 

So let’s do the math:

Training in Civic Center before the election: 3 hours or so.

Game Day: 15.5 hours, less breaks = 8 hours straight time and let’s say 6.5 hours of OT at time-and-a-half

So what’s that, 3+8+6.5+3.25 = 20.75 effective hours of work?

Multiplying by the official City and County minimum wage of $10.74 yields $222.86 total pay.

And using the vaunted $15 per hour minimum promised by quasi-governmental spokesperson and noted Berkeleyite Randy Shaw, we arrive at $311.25.

And what is appointed Mayor Ed Lee offering these poor souls? Well apparently no pay at all for the mandatory training, and then:

“Depending on your assignment, Poll Workers are paid between $142 and $195  for working on Election Day.”

Is this a joke, you ask?

No, Gentle Reader, it’s not. They’re srsly.

I cry foul.

In any event, if you’re an inspector you can make  a bit more, but then you gotta deal with high school seniors with their Katy Perry and cell phones and whathaveyou. They’re intelligent, you know, but lazy. And if their work doesn’t add up the way it should shortly after 8 PM, well that’s tough cookies – you’ll hear the beep beeps from the waiting cars and then the kids are gone and you, the vaunted elections inspector, will be left to fix things up.

Anyway, you get something like this for your troubles …

…but you won’t get minimum wage.

Now why is that?

Kaiser Hospital Employees Have Until December 14th to Get Flu Shots – Then It’ll Be Time for “Mandatory Masking” – Here’s Proof

Tuesday, December 3rd, 2013

As seen on O’Farrell:

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Oh the shame, the shame of being forced to wear a mask.

Do Construction Workers at the Troubled 8 Octavia Construction Site Do Japanese-Style Pre-Shift Exercise? Yes

Wednesday, October 9th, 2013

Now I’ve seen this, back in the day, over in the factory where my bLand Cruiser was later manufactured, in Toyota City, IRL, the real deal – actual pre-work calisthenics.

The San Francisco version is kind of half-assed, but they were actually doing it, I grew to understand.

See?

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My only hope is that 8 Octavia is “tech-savvy,” you know, the way NeMa claims to be.

Soon, I’ll dream of moving into a $2900 per month studio, and having a phone with a 64-bit OS, maybe even one that’s gold!

I’ll dream of this.

 

San Francisco Requires Employers to Pay Minimum Wage and Overtime But It It Itself Doesn’t Pay Election Workers Minimum Wage

Wednesday, October 2nd, 2013

Yeah, I’m thinking that what our Department of Elections pays workers on election day is enough for about 11.5 hours, considering San Francisco’s $10.55 minimum wage and CA’s overtime laws. And yet workers need to labor something like 15 hours on Election Day.

I cry foul.

Check it:

“Poll Workers Are Needed for the November 5 Municipal Election

Posted Date:9/25/2013 8:30 AM
Department of Elections
City and County of San Francisco
John Arntz, Director

SAN FRANCISCO, September 25, 2013 – The Department of Elections is currently seeking poll workers for the upcoming November 5 Municipal Election.

It takes more than 2,500 poll workers to conduct an election. Poll workers operate polling places on Election Day and assist voters in many parts of the voting process. Some poll workers have volunteered during every election for decades. Poll workers include high school students learning on-the-job civics lessons, retirees, and hundreds of people who take a day off from their regular lives to be of service to San Francisco voters.

Poll workers attend a training class prior to the election, in which all duties are explained in detail. Lead poll workers must also pick up materials before Election Day and transport them to their assigned polling place on the morning of the election.

Applicants must be United States citizens, age 18 or older, and registered to vote in California. All positions are one-day assignments and pay between $132- $190.

Individuals interested in serving as poll workers must apply in person at the Poll Worker Hiring Office, which is open every Friday from 8:30 a.m. to 4:00 p.m. starting on September 27 and is located at the Department of Elections at City Hall.

For further information, visit sfelections.org/pollworker or call the Department of Elections’ Poll Worker Division at (415) 554-4395.”

Or maybe I’m missing something?

Sneaking Into Outside Lands Used To Be Easy, But This Year It’ll Be Hard – Photos and Video of How People Have Snuck In

Thursday, August 8th, 2013

Back in the day, back in the aughts, all you had to do to get into Outside Lands was deal with just one eight-foot cyclone fence.

You had the option of going under or over the wire.

Here’s UNDER. See how that works? Easy peasy.

Click to expand – well there’s the problem: No bottom tension wire on the chain link fence plus the line posts were placed too far apart.

And here’s OVER. This here is called the bum rush:

You could get away with this kind of thing a couple years ago.

Now. things have changed – you won’t be able find these weaknesses in 2013.

Oh, your friend Badger’s working on the inside this year and he’s going to let you and your buds in? Well, that might work.

But the days of a single chain link fence between you and your tunes are over at the Outside Lands

Just saying.

Oh, So _That’s_ What the Central Subway Looks Like – A Giant Hole in the Ground at the Foot of Stockton – “Don’t Dig There!”

Thursday, June 27th, 2013

The Central Subway project might make sense politically (let’s take money from taxpayers from all over America to pay for a big project in our little-big city), but it doesn’t make sense from a transit standpoint.

Down down we go, under Market Street, under the MUNI Metro, and under the BART. When you pass by, you should crumple up all your ones and fives on you and throw them into this sinkhole because that’s what you’re already doing and what you will be doing far far into the future.

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Oh, what’s that, “transit justice,” they say? Well, most of the victims of this project live in San Francisco and most of them aren’t caucasoids, so I don’t know what the fuck that phrase means in the context  of this ridiculous scheme.

The project promotes transit justice by providing reliable, efficient, and safe transit for those who live in Chinatown and those who want to visit Chinatown.”

Does City Attorney Dennis Herrera believe this bullshit? No. Does Supervisor Scott Wiener? No. How about closeted Republican Supervisor Mark Farrell? No. How about Board of Supervisors President David Chiu? No.

Oh well.

Don’t dig there and dig it elsewhere
You’re digging it round and it ought to be square
The shape of it is wrong, it’s much too long
And you can’t put a hole where a hole don’t belong

The Hole in the Ground” was a comic song which was written by Myles Rudge and composed by Ted Dicks. When recorded by Bernard Cribbins and released by EMI on the Parlophone label in 1962, it was a hit in the UK charts.[1][2]

The song is about a dispute between a workman digging a hole and an officious busybod y wearing a bowler hat. This exemplifies English class conflict of the era and Cribbins switches between a working class Cockney accent, in which he drops his aitches, and a middle class accent for the gentleman in the bowler hat.

The See-Through Skyscrapers of South of Market – Now Our PacBell Building Looks EVEN MORE Like It Belongs in Detroit

Thursday, March 14th, 2013

First, our PacBell Building in SoMA was all like this.

Then is was all like this.

Now it’s all like this, so you can see through entire floors.

Say hello to the higher floors of a totally gutted building:

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If only San Francisco were the Innovation Capital of the World or something, then we wouldn’t have a bunch of empty buildings sitting around for years and decades.

On It Goes…

When Trannies Attack: This Giant Liebherr Crane High Atop Our Pacific Bell Building Looks Just Like a Transformer

Thursday, February 14th, 2013

Look at this monster perched high atop 140 New Montgomery Street, up there with all those Neo-Gothic eagle statues.

Reminds of when Devastator climbed up one of those pyramids in that Transformers II movie…

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Anyway, the abandoned Pac Bell building no longer looks like it belongs in Detroit, so that’s good.

Look for Yelp to move in this year, directly under the enemy’s scrotum.

“The PacBell Building or 140 New Montgomery Street in San Francisco’s South of Market district is a Neo-Gothic, 132.6 m (435 ft) office tower located close to the St. Regis Museum Tower and the San Francisco Museum of Modern Art.[1] The 26-floorbuilding was completed in 1925 and was San Francisco’s first significant skyscraper development when construction began in 1924.[1] The building was the tallest in San Francisco until the Russ Building matched its height two years later in 1927″