>>> HELLO EVERYONE.
>>> HELLO EVERYONE, THANK YOU
FOR JOINING US, THIS IS THE
FINANCE AND HOUSING COMMITTEE,
THIS IS WEDNESDAY, FEBRUARY 19,
A SPECIAL FINANCE AND HOUSING
COMMITTEE BECAUSE OF THE
HOLIDAY THIS WEEK.
IT IS 2:00, THE MANY WILL COME
TO ORDER.
I AM CHAIR MOSQUEDA, I AM HERE
WITH DAN STRAUSS, WE HAVE
THREE ITEMS, POTENTIAL
APPOINTEE TO THE DOMESTIC
WORKERS STANDARDS BOARD, 2
COUNCIL APPOINTMENTS AND ONE
MAYORAL APPOINTMENT, WE WILL
VOTE ON THEM DURING THE MARCH 3
MEETING, IT IS AN OPPORTUNITY
TO HEAR FROM THOSE WHO JOIN US
TODAY, BUT WE WON'T TAKE ANY
FORMAL ACTION.
>>> YOU SHOULD HAVE MATERIALS
IN YOUR POSSESSION, THAT IS
PART OF THE REASON WE HAD TO
WAIT, THE PACKETS WERE NOT
FULLY COMPLETE YET, WE WILL DO
THAT ON MARCH 3.
>>> AND WE WILL TAKE A VOTE ON
THE CAPITAL PROJECTS WATCHLIST,
WE DISCUSSED AT THE COMMUNITY
MEANING, INC.
YOU FOR THE EARLY AMENDMENTS
AND EXCITED TO WORK WITH YOU TO
UPDATE THAT, AND WE WILL BEGIN
A DISCUSSION ON THE FUTURE OF
WORK PERTAINING TO GIG WORKERS,
OUR ESTEEMED COLLEAGUES VIA
SKYPE AND INTERNET, THANK YOU
FOR TURNING IN, WE WILL HAVE
THEM ON THE SCREEN, I WOULD
IF THERE IS ANY. PUBLIC COMMENT
SEEING NONE, THAT CLOSES THE
PUBLIC COMMENT.
WE WILL MOVE RIGHT INTO ITEM
NUMBER 1, AND IF YOU COULD READ
IT INTO THE AGENDA AND IF WE
COULD BE JOINED AT THE TABLE BY
JASMINE MARWAHA FROM THE OFFICE
OF LABOR STANDARDS, BAYLIE
FREEMAN, AND CANDACE FABER,
AND ETELBINA HAUSER .
>> AGENDA NUMBER 1, APPOINTMENT
TO THE DOMESTIC WORKERS
STANDARDS BOARD FOR BRIEFING
AND DISCUSSION.
>> AND I KNOW YOU OFFERED TO DO
SOME TRANSLATION, AND I'M ALSO
ABLE TO HELP OUT HERE AT THE
COUNTER AT THE TABLE AS WELL.
WHAT WE USUALLY TRY TO DO, THE
VIEWING AUDIENCE AND KONSYL
COLLEAGUES, YOU MIGHT MEMBER
FROM LAST YEAR, WE REALLY WANT
TO MAKE SURE THAT WHEN WE NEED
A TRANSLATOR WE USE
PROFESSIONALS BECAUSE WE DON'T
WANT TO ASK ANY OF OUR STAFF TO
DO IT.
MANY OF US HAVE BEEN IN THAT
AWKWARD POSITION, BILINGUAL
FAMILY MEMBERS HAVE TO
TRANSLATE IT MEDICAL
APPOINTMENTS FOR EXAMPLE, TO
MAKE SURE WE ARE NOT FLOATING
INTO USING OUR TEAM
INAPPROPRIATELY, THAT IS
SOMETHING WE COMMITTED TO LAST
YEAR, OUR UNDERSTANDING WAS
THAT THIS WAS NOT SOMETHING
THAT WAS FORESEEN, WE WILL DO
OUR BEST TODAY BUT WE WILL
RECOMMIT TO THAT PRINCIPLE, AND
THE IMPORTANT LABOR THAT
INCLUDES.
>>> WE WILL GO TO INTRODUCTIONS
AND WE WILL ASK A FEW QUESTIONS,
IF YOU GIVE AN OVERVIEW OF THE
DOMESTIC WORKERS STANDARDS
BOARD, THAT WOULD BE GREAT.
>>> [ SPEAKING SPANISH ]
>>> AFTER THAT YOU WILL GET A
CHANCE TO INTRODUCE YOURSELF.
THANK YOU JASMINE.
>> THANK YOU WITH THE
FLEXIBILITY WITH
INTERPRETATION, I APPRECIATE
THAT.
>> JASMINE KATELLA SKIN FOR THE
RECORD, YOUR TITLE AT OFFICE OF
LABOR STANDARDS, I KNOW A LOT
OF PEOPLE ARE FAMILIAR WITH
YOUR PAST WORK, TELL US LITTLE
BIT MORE.>> MY NAME IS JASMINE
MARWAHA, I AM A POLICY ANALYST
AND STAFF LIAISON FOR THE
DOMESTIC WORKERS STANDARDS
BOARD.
AS YOU MENTIONED, I AM HERE TO
PRESENT THREE NEW APPOINTMENTS
TO THE BOARD.
CANDACE FABER, BAYLIE FREEMAN
AND ETELBINA HAUSER.
BAYLIE FREEMAN WAS SCHEDULED TO
BE HERE, SOMETHING CAME UP
HOPEFULLY SHE WILL ARRIVE
SHORTLY, BUT IF NOT, WE WILL DO
WITH THAT.
AND BEFORE WE TURNED OVER TO
THEM, I WILL GIVE A LITTLE BIT
OF BACKGROUND ON THE BOARD AND
THE NEW POSITIONS THAT YOU ARE
CONSIDERING TODAY.>> EXCELLENT.
>> THE DOMESTIC WORKERS
STANDARDS BOARD IS COMMITTED TO
IMPROVING THE CONDITIONS OF
DOMESTIC WORKERS BY PROVIDING A
PLACE FOR WORKERS, EMPLOYERS,
ORGANIZATIONS AND THE PUBLIC TO
MAKE SUGGESTIONS TO ENFORCE,
IMPLEMENT AND EXPAND ON THE
DOMESTIC WORKERS ORDINANCE.
THAT IS THE OFFICIAL MISSION
STATEMENT.>> EXCELLENT.
>> THE BOARD WAS INITIALLY
ESTABLISHED LAST YEAR WITH
EIGHT MEMBERS, HALF APPOINTED
BY THE MAYOR, AND HALF BY
COUNCIL, AND EACH APPOINTED 2
WORKER SIDE REPRESENTATIVES AND
2 HIRING SIDE REPRESENTATIVES.
AND THOSE EIGHT BOARD MEMBERS
THEN CHOSE A NINTH COMMUNITY
REPRESENTATIVE, WHO HAPPENED TO
BE A WORKER, A GARDENER NAMED
VICTOR LOSADA, WHO WAS
APPOINTED LAST YEAR.
FOR THE LAST SEVERAL MONTHS,
THE BOARD HAS BEEN WORKING ON
THE TWO-YEAR WORKPLAN, WHICH
THEY PLAN ON SENDING TO
COMMITTEE MEMBERS I THINK NEXT
MONTH.
AS THEY GET THE NEW MEMBERS
CAUGHT UP.
AND IN ADDITION, WE HOPE TO
SEND INITIAL RECOMMENDATIONS TO
THE COMMITTEE, AND TO ACTUALLY
COME BACK TO THE TABLE AND
PRESENT THOSE RECOMMENDATIONS
IN MAY.
>>> WE ARE AT THE TABLE TODAY
BECAUSE THE DOMESTIC WORKERS
ORDINANCE REQUIRES THAT
STARTING THIS YEAR, THE BOARD
INCREASES FROM NINE NUMBERS TO
13 MEMBERS.
>>> SIMILAR TO THE LAST ROUND,
THE COUNCIL AND MAYOR EACH GET
TO A POINT A HIRING ENTITY
REPRESENTATIVE AND A WORKER
REPRESENTATIVE.
WE WERE JOINED BY BAYLIE
FREEMAN, WE WILL GET TO YOU IN
A MINUTE, BUT JORDAN, THE
FOURTH APPOINTEE, A MAYORAL
APPOINTEE FOR THE HIRING ENTITY
REPRESENTATIVE CANNOT MAKE IT
TODAY BUT WILL BE AVAILABLE ON
MARCH 3. TO ANSWER QUESTIONS.
SO I THINK THAT IS ABOUT IT FOR
MY PREAMBLE, IF THERE ARE ANY
FURTHER QUESTIONS AND WHAT THE
BOARD IS WORKING ON, I WILL DO
MY BEST TO SHARE WHAT I CAN,
BUT WE WILL BE BACK IN A COUPLE
OF MONTHS AS WELL.
SO WITHOUT FURTHER ADO, I WILL
TURN IT OVER TO THE APPOINTEES
TO INTRODUCE THEMSELVES.
>> WONDERFUL, THANK YOU SO MUCH,
CANDACE, THANK YOU FOR COMING,
A LITTLE BIT OF BACKGROUND FROM
YOU AND WHAT INTERESTS YOU ON
THIS BOARD AND ANYTHING ELSE
YOU WOULD LIKE TO SHARE THAT
YOU'RE WORKING ON?
>> SURE, MY NAME IS CANDACE
FABER, AN OWNER OF A SMALL
BUSINESS,: HABIT INHABIT, WE DO
CLEANING FOR BUSINESSES, AND
CORPORATE SHORT-TERM RENTALS,
AND PROPERTY MANAGERS AROUND
TOWN.
A SMALL BUSINESS, I HAVE BEEN
AN OWNER SINCE LAST YEAR.
THANK YOU.
I AM ALSO A MEMBER OF THE
NATIONAL DOMESTIC WORKERS
ALLIANCE, AND I HAVE BEEN VERY
INTERESTED IN WHAT MY
PARTICIPATION IN THIS INDUSTRY
CAN LOOK LIKE AND HOW IT CAN BE
BENEFICIAL FOR THE WORK AS A
WHOLE.
>>> I AM VERY PASSIONATE ABOUT
CLEANING INTO PEOPLE'S HOMES,
AND I DON'T KNOW HOW MUCH YOU
WANT TO KNOW, I GUESS I WILL
JUST SHARE WHY I AM HERE, I
THINK THE WORK IS ACTUALLY
REALLY IMPORTANT AND BEAUTIFUL
WORK, AND HAS BEEN HISTORICALLY
UNDERVALUED BECAUSE IT IS WORK
THAT HAS BEEN EXTRACTED FOR
FREE OR FOR VERY LITTLE MONEY
FROM WOMEN, PARTICULARLY WOMEN
OF COLOR.
AND AS A RESULT, I THINK THE
WORK ITSELF HAS SUFFERED VERY
MUCH IN A RACE TO THE BOTTOM IN
TERMS OF HOW MUCH WORK YOU CAN
GET PEOPLE TO DO IN A SHORT
AMOUNT OF TIME, THE USE OF TOXIC
CLEANING PRODUCTS AND CHEAP
EQUIPMENT IN ORDER TO SAVE ON
COSTS, AND INCREASINGLY USE OF
GIG LABOR THAT IS ALMOST
ENTIRELY UNREGULATED AND
WITHOUT BENEFITS FOR WORKERS AS
A WAY OF MINIMIZIG BOTH RISK
AND OVERHEAD FOR EMPLOYERS THAT
ARE INCREASINGLY LOOKING MORE
LIKE MARKETING MIDDLEMEN.
SO I AM HERE AS AN EMPLOYER WHO
IS ALSO A WORKER AND AN
OPERATOR IN MY BUSINESS.
WE ARE STILL VERY SMALL, SO I
AM ON-SITE I WOULD SAY FOR AT
LEAST HALF OF THE JOBS THAT WE
DO AS A COMPANY AT THIS POINT.
AND FOR ME, IT IS VERY IMPORTANT
TO PAY PEOPLE A LIVING WAGE,
AND TO UPHOLD THE BENEFITS THAT
I BELIEVE THEY DESERVE.
I KNOW IT IS POSSIBLE, BUT ALSO
DIFFICULT AT THIS MOMENT IN THE
HISTORY OF THE INDUSTRY.
SO I AM VERY HONORED TO BE HERE,
AND I LOOK FORWARD TO
CONTRIBUTING, BOTH AS SOMEONE
WHO UNDERSTANDS THE CHALLENGES
THAT EMPLOYERS FACE IN TERMS OF
CLIENT EXPECTATIONS IN THIS
ECONOMY, AND AS SOMEONE WHO
VERY MUCH BELIEVES THAT IT IS
WELL WITHIN OUR CAPACITY TO
IMPLEMENT THE ORDINANCE AND
EVEN GO BEYOND THAT IN TERMS OF
RESTORING THE DIGNITY OF THE
WORK AND THOSE WHO DO IT.>>
THANK YOU SO MUCH, I APPRECIATE
WHAT YOU SAID, OFTEN THE WORK
OF DOMESTIC WORKERS, WE HAVE TO
REMIND OURSELVES THAT KEEPS THE
CITY GOING.
>>> [ SPEAKING SPANISH ] THANK
YOU FOR BEING HERE.
[ SPEAKING SPANISH ]
>>> [ SPEAKING SPANISH ].
>> MY NAME IS ETELBINA HAUSER.
I AM A LITTLE NERVOUS TO BE
HERE TODAY TO BE HONEST.
BUT I AM PART OF WE DREAM IN
BLACK, AND THE NATIONAL
LLIANCE OF WORKERS.
I'VE PARTICIPATED IN CASA LATINA
, WHERE I'VE LEARNED A LOT
ABOUT WORKERS RIGHTS.
I AM ALSO PART OF A SMALL
WOMAN'S GROUP, THAT IS
CURRENTLY NAMED ALA. THAT IS
SPECIFICALLY JUST FOR GALIFINA
WOMEN.
>>
>> WE CURRENTLY HAVE A SMALL
GROUP THAT IS JUST FOCUSED ON
GALIFUNA, BECAUSE IT IS A
UNRECOGNIZED ETHNIC GROUP, WE
ARE FOCUSING ON WHAT WE DO AND
ARE LANGUAGE, AND THAT WE ALSO
DESERVE RIGHTS.
AND THAT IS WHY IT IS REALLY
IMPORTANT FOR ME TO BE AT THIS
TABLE TO LEARN MORE AND TO
INFORM ABOUT THE WORK OF
GARIFUNA.
TO BE PART OF THE WORKERS
RIGHTS, THE PEOPLE WHO WORK AT
HOMES.
BECAUSE IT IS GOING TO HELP US
EDUCATE OUR PEOPLE.
AND ALSO TO SEE THE GROWTH OF
THE WORK OF DOMESTIC WORKERS.
AND FOR US TO FEEL EMPOWERED
AND ALSO TO SEE THAT THE WORK
THAT WE ARE DOING IS BEING
RECOGNIZED.
I HAVE A LOT TO SAY, BUT I CAN
SEE IT ALL HERE, BUT THANK
YOU.>> THANK YOU.>>> WELCOME.
>> THANK YOU FOR HAVING ME.
>> MY NAME IS BAYLIE FREEMAN,
AND I HAVE BEEN A FULL-TIME
NANNY FOR THE LAST SIX YEARS,
AND A TEACHER BEFORE THAT,
WORKING WITH JORDAN FOR OVER A
DECADE.
AND I GOT INVOLVED IN THE
ORDINANCE THROUGH THE FAIR
WORKCENTER, I AM PART OF A
SMALL ORGANIZATION CALLED THE
NANNY COLLECT LIVE, WE GATHER
NANNIES FROM AROUND THE AREA TO
GO TO HER MEETINGS AND MEET
TWICE A MONTH, AND TELL US
THINGS THAT THEY ENJOY ABOUT
THE WORK, ONE OF THE THINGS
THAT FASCINATES ME ABOUT THE
INDUSTRY IS IT IS SO VERY.
VARIED, YOU HAVE CLEANERS,
HOMECARE WORKERS, NANNIES,
ETC., BUT EVERYBODY HAS A
DIFFERENT EXPERIENCE, THERE IS
NO STANDARD, NO NORMS, PEOPLE
WHO ARE NEW IN INDUSTRY OR IN A
POSITION WHERE THEY CAN
ADVOCATE FOR THEMSELVES DO NOT
KNOW WHAT'S NORMAL, OR WHAT TO
EXPECT.
AND WHAT EXCITES ME ABOUT THE
ORDINANCE IS THE POSSIBILITY OF
CREATING THOSE NORMS.
LIKE I SAID, I AM A FULL-TIME
DOMESTIC WORKER, I AM ACTUALLY
AT WORK RIGHT NOW.
I WILL GO BACK IN A FEW
MINUTES.
[ LAUGHTER ] BUT AS SOMEONE
WHO, AS PART OF THE SPECTRUM OF
DOMESTIC WORK, SOME PEOPLE WORK
IN RELATIVE PRIVILEGE, I AM ONE
OF THOSE PEOPLE, AND PART OF
WHAT I'M HOPING TO LEARN AS THE
PROCESS GOES, IS ASKING
QUESTIONS AND TRYING TO CENTER
THE MARGINALIZED VOICES AND
BRING THEM TO THE CENTER OF THE
CONVERSATION, AND FIND WAYS TO
ASK QUESTIONS, AND EMPOWER
THOSE PEOPLE RATHER THAN
OBJECTIFYING THEM.
I'M HOPING TO MODEL BEHAVIOR OF
PEOPLE IN POWER STANDING UP FOR
THOSE GROUPS.
IN ADDITION TO BEING A DOMESTIC
WORKER, I HAVE BEEN A PERFORMERS
A PERFORMER AND MUSICIAN FOR
NUMBER OF YEARS, I HAVE MANY
YEARS OF PUBLIC SPEAKING
EXPERIENCE AND CONFIDENCE, I
FEEL LIKE I KIND OF LIVE IN
BOTH WORLDS, I DO THE WORK, SO
PEOPLE WHO DON'T FEEL SAFE
ENGAGING IN THE SPACES CAN TELL
ME THEIR STORIES, AND FEEL
COMFORTABLE, AND I CAN BRING
THOSE STORIES TO THE MOST
RELEVANT PEOPLE WHO ARE HELPING
THESE GROUPS AND MAKE THEM THE
CENTER OF THE CONVERSATION.
>> THANK YOU SO MUCH.
THANK YOU FOR YOUR TIME AND FOR
BEING HERE TODAY, I KNOW IT IS
NOT EASY TO TAKE TIME OFF OF
WORK AS WELL.
THANK YOU SO MUCH FOR COMING
TODAY.>>> WILL COME ALSO VICE
CHAIR, VICE CHAIR HERBOLD.
DO YOU HAVE ANY QUESTIONS FOR
OUR ESTEEMED GUEST, AS
REMINDER WE DON'T HAVE THE FULL
PACKETS IN FRONT OF US, BUT WE
WILL MAKE SURE WE HAVE A CHANCE
TO VOTE ON 3 MARCH.
>> I HAVE NO FURTHER QUESTIONS,
THANK YOU FOR YOUR TIME AND
DEDICATION AND ENERGY COMING
HERE, I AM NOT PROFICIENT AT
SPEAKING IN SPANISH, I DO HAVE
THE ABILITY TO UNDERSTAND MOST,
THANK YOU FOR YOUR STORIES
TODAY.
>> COUNCILMEMBER LEWIS?
>> AS SOMEBODY WHO HAS
PREVIOUSLY SERVED ON THE CITY
COMMISSION, I'M STRUCK WHEN WE
GET FOLKS WHEN WE HAVE THEM AT
THE TABLE, THEY HAVE
OPPORTUNITIES TO DO THINGS WITH
HER TIME AND THEY CHOOSE TO
SHARE WITH OUT AND DEDICATE
THEMSELVES TO PUBLIC SERVICE
AND TO STEP INTO THESE
VOLUNTEER POSITIONS THAT REALLY
DO HAVE A VERY BIG AND PROFOUND
IMPACT, AND INFORM WHAT WE DO
HERE AS A CITY COUNCIL.
LOOKING AT CANDACE'S RESUME,
TOO.
I AM STRUCK BY THE EXTENSIVE
FOREIGN SERVICE RECORD, CANDACE
IS BASICALLY JAMES BOND.
AND HAS SERVED OUR COUNTRY, NOT
JUST IN THE STATE DEPARTMENT,
BUT IN A LOT OF BIG HOTSPOTS
BETWEEN 2007-13, INCLUDING
AFGHANISTAN, BELARUS, POLAND,
LIBYA, AND THE CALIBER OF ALL
THREE OF OUR APPOINTEES HERE
TODAY, IS JUST REALLY
IMPRESSIVE, AND SHOWS HOW WE
ARE BUILDING A STRONG CITY WITH
THE VOLUNTEERS OF OUR
COMMISSION AT THE FOREFRONT,
THINK ALL THREE OF YOU FOR YOUR
SERVICE AND THANK YOU FOR
STEPPING UP TO BE A PART OF
WHAT WE ARE DOING HERE.>> A BIT
OF LIVED EXPERIENCE.
PERHAPS.
[ LAUGHTER ]>>> A? QUESTION FOR
ETELBINA HAUSER AND CANDACE,
YOUR BOTH MEMBERS OF THE
NATIONAL WORKERS ALLIANCE, I
WONDER IF YOU COULD SPEAK TO
WHETHER OR NOT THERE IS A
SYNERGY BETWEEN THE WORK YOU DO
THE CITY AND NATIONALLY, IS
THERE A WAY THAT YOU COLLABORATE
BETWEEN THE CITY WORK AND THE
NATIONAL WORK?
>> [ SPEAKING SPANISH ]
>> YES, SO WHEN THERE IS
INTEREST AND THE GROWTH THAT
YOU ARE SEEING IN THE
COMMUNITY, THAT YOU FIND A WAY
TO GROW, THE ENERGY AND SPACE.
TO BE ABLE TO CONNECT WITH BOTH.
>> THANK YOU.
>> THAT WAS A PERFECT
EXPLANATION, THANK YOU.
I APPRECIATED.
APPRECIATE IT.
>> MY MEMBERSHIP IN IDW A HAS
BEEN LEARNING AND SUPPORT FOR
WHAT THEY DO, A FRIEND OF MINE
IN THE LEGISLATURE LIKES TO
POINT OUT THAT POOR PEOPLE
DON'T HAVE LOBBYISTS.
AND THE WAY I LOOK AT AND DWA
NDWA, KIND OF A COLLECTIVE
LOBBYIST FOR EVERYONE IN THE
INDUSTRY.
AND I'M ACTUALLY, YOU PROBABLY
KNOW MORE ABOUT THE BACKGROUND
ON THE DOMESTIC WORKERS
ORDINANCE HERE, THE ALLIANCE IS
PUSHING FOR A NATIONAL DOMESTIC
WORKER BILL OF RIGHTS, AND A
LOT OF PEOPLE ARE LOOKING AT
SEATTLE TO SEE HOW WE
IMPLEMENTED HERE, WHAT LESSONS
CAN BE LEARNED IN TERMS OF
REFINING POLICY LANGUAGE SO IT
MAKES SENSE AT THE MUNICIPAL
LEVEL.
AND ALSO JUST FANTASTIC TO HAVE
A CONCENTRATION OF RESOURCES AT
THAT LEVEL, ORGANIZERS, POLICY
EXPERTS AND FOLKS FROM MANY
DIFFERENT COMMUNITIES.
>> THANK YOU FOR BEING OUR
NATIONAL AMBASSADORS ON OUR
PROGRESSIVE WORKERS LEGISLATION
THAT BENEFITS DOMESTIC WORKERS.
>>> AND YOU MENTIONED HOW DO WE
TAKE WHAT WE LEARNED HERE AND
PUT IT INTO ACTION, AND I THINK
ONE OF THE THINGS THAT I WOULD
LOVE TO HEAR BACK FROM YOU AS
THE REPORT COMES FORWARD, THERE
WERE SO MANY THINGS THAT WE
WEREN'T ABLE TO DO HERE AT THE
LOCAL LEVEL, SICK LEAVE,
HEALTHCARE, RETIREMENT BENEFITS,
BECAUSE OF HOW BIG THOSE POOLS
NEED TO BE IN ORDER FOR THEM TO
BE SUSTAINABLE.
EVEN WITH THE STATE LEGISLATIVE
CONVERSATION HAPPENING, AND THE
NATIONAL CONVERSATION MOVING,
LOVE TO CONTINUE TO HEAR YOUR
IDEAS, IF THERE IS NOT ACTION
AT THE STATE LEVEL, WHAT ARE
LITTLE THINGS WE CAN DO HERE
AND THERE AS WE PUSH.
WE KNOW YOU HAVE BEEN IN THE
HALLS OF OLYMPIA, A NUMBER OF
DOMESTIC WORKERS PUSHING FOR
LEGISLATION, THANK YOU FOR THE
ADVOCACY AS WELL, AND IF THAT
DOESN'T HAPPEN, WE LOOK FORWARD
FOR RECOMMENDATIONS OF WHAT WE
MIGHT BE ABLE TO DO AT THE CITY
LEVEL.
>> ANYTHING ELSE?
>> THANK YOU AGAIN FOR BEING
HERE.
YOUR TIME IS VERY IMPORTANT.
WE KNOW THAT YOU ARE VERY BUSY.
THANK YOU FOR BEING HERE.
ON MARCH 3, WE ARE GOING TO
HAVE THE VOTE.
YOU DON'T HAVE TO COME BACK,
YOU ARE WELCOME TO.
WHENEVER YOU WOULD LIKE TO COME.
NO MATTER WHAT, WE WILL MAKE
SURE THAT WE CARRY FOR THE
RECOMMENDATION, I THINK IT WILL
BE VERY POSITIVE.
AND THAT WE WILL HAVE YOU GUYS
VOTED ON, ON MARCH 3.
>>> WITH THAT, THANK YOU FOR
YOUR TIME, AND THANK YOU FOR
DOING TRANSLATION AS WELL, WE
APOLOGIZE FOR YOU HAVING TO DO
THAT TODAY, YOU ARE TREMENDOUS.
AND THANK YOU ALL AGAIN FOR
COMING AND TAKING TIME OUT OF
YOUR DAY.
>> THANK YOU SO MUCH.
>>> WE ARE GOING TO MOVE TO
ITEM NUMBER 2, A POSSIBLE VOTE
ON RESOLUTION 31931, AS SHE
READS IN ITEM NUMBER 2, I CAN
WE BE JOINED BY DAN EDER OF
CENTRAL STAFF, AND IS IT JUST
YOU TODAY?
>> RESOLUTION 31931, A
RESOLUTION ESTABLISHING A
WATCHLIST OF LARGE, COMPLEX,
DISCRETE CAPITAL PROJECTS THAT
WILL REQUIRE ENHANCED QUARTERLY
MONITORING REPORTS FOR THE 2020
CALENDAR YEAR, FOR BRIEFING,
DISCUSSION AND POSSIBLE VOTE.
>> WE KNOW YOU WERE HERE TO
GIVE AN OVERVIEW OF THE
WATCHLIST, AND COUNCILMEMBER
HERBOLD, THANK YOU FOR YOUR
PAST ADVOCACY, HAVING THIS LIST
IN FRONT OF US SO THAT WE CAN
BE AWARE OF ANY POTENTIAL
OVERRUNS AND HOW MUCH THERE
ARE, AND HAVE THE LEGISLATIVE
BRANCHES DIRECTION AND
DISCRETION AS WE MOVE FORWARD
WITH WHAT OUR PRIORITIES ARE
AND HOW WE WANT TO SEE THE
PROJECTS IMPLEMENTED.
THANK YOU DAN, APPRECIATE YOU
BEING HERE, AND I KNOW YOU HAVE
BEEN WORKING ON AMENDMENTS, WE
HAVE THREE THAT I'M AWARE OF IN
FRONT OF US, ONE IS FROM ME,
ONE IS FROM COUNCILMEMBER
HERBOLD, AND THE OTHER WOULD
BE FROM COUNCILMEMBER STRAUSS.
WE WILL TURN IT OVER TO DAN TO
WALK THROUGH ANYTHING HIGH-
LEVEL THAT YOU HAVE FROM US,
JUMP INTO THE AMENDMENTS AND
ASK YOU AS THE SPONSORS TO MOVE
THEM.
>> I WOULD BE HAPPY TO PROVIDE
ENCAPSULATION OF THE RESOLUTION
THAT I PROVIDED LAST TIME, FOR
FOLKS WHO ARE NOT WATCHING LAST
TIME.
IT IS ON FOR POSSIBLE VOTE
TODAY, RESOLUTION 31931,
FLOWING OUT OF WORK THAT THE
EXECUTIVE AND COUNCIL DID IN
2018.
THE COUNCIL AT THE TIME, PAST
WERE ADOPTED 31853, THE CALLED
FOR THE CREATION AND REGULAR
REPORTING ON A WATCHLIST OF
CAPITAL PROJECTS THAT THE
COUNCIL WAS PARTICULARLY
INTERESTED IN HEARING MORE
ABOUT AND HAVING A LOOK FORWARD
TO POTENTIAL RISKS AND
MITIGATION STRATEGIES.
THE RESOLUTION CALLED FOR THE
MAYOR TO PROPOSE A WATCHLIST AT
THE BEGINNING OF THE YEAR, AS
THE MAYOR DID AGAIN ON JANUARY
15.
THE RESOLUTION CONTEMPLATES
THAT COUNCIL WOULD ADOPT A
FINAL VERSION OF A WATCHLIST OF
PROJECTS, STARTING WITH THE
MAYOR'S PROPOSAL THIS, BUT THEN
ADDING OR MAKING ANY CHANGES.
AND THE EXECUTIVE WILL PROVIDE
ENHANCED CAPITAL PROJECT REPORTS
THROUGH THE YEAR ON A QUARTERLY
BASIS.
AS THE CHAIR MENTIONED, THERE
ARE A HANDFUL OF AMENDMENTS
THAT WOULD EACH ADD A PROJECT
TO THE STARTING PLACE FOR THE
WATCHLIST.
AND WITH THAT I WILL TURN IT
OVER TO THE SPONSORS OF THE
AMENDMENTS IF THEY WANT TO
SPEAK TO THE AMENDMENTS.
>> LET ME MOVE THE RESOLUTION,
SO WE CAN AMENDMENT, WE CAN
AMENDED, AS WE GO THROUGH, I
WOULD LIKE TO MOVE THAT WE
CONSIDER PASSAGE OF RESOLUTION
31931.
>> SECOND.
>> IT HAS BEEN MOVED AND
SECONDED, AND AN AMENDMENT I
WOULD LIKE TO PUT IN FRONT, I
WOULD LIKE TO AMEND BAYLIE AS
ARTICULATED IN AMENDMENT NUMBER
1.
>> SECOND.
>> DAN CAN YOU WALK US THROUGH
THE DETAILS?
>> AMENDMENT NUMBER 1 WOULD ADD
LAKE CITY COMMUNITY CENTER
IMPROVEMENTS PROJECT TO THE
WATCH LIST. THIS IS A PROJECT
THAT WAS ON THE 2019 WATCHLIST,
AND THE EXECUTIVE AND THE
COUNCIL CENTRAL STAFF OBSERVED
THAT IT WASN'T ON THE MAYOR'S
PROPOSAL FOR 2020.
THAT WAS AN ADMINISTRATIVE
OVERSIGHT, I THINK THE INTENT
WAS THAT IT WOULD BE PART OF
THE 2020 WATCHLIST FROM THE
MAYOR'S PERSPECTIVE BUT DID
MAKE IT INTO THE PROPOSAL.
>> THAT'S RIGHT, WE HAD
OPPORTUNITY TO WORK WITH THE
EXECUTIVE, THE DEPARTMENT OF
PARKS AND RECREATION, AND
COUNCILMEMBER MORRIS IS ALSO
INTERESTED, COUNCILMEMBER
MORALES, THE EXECUTIVE HAS A
JOINT INTEREST IN THIS, DOESN'T
SEEM CONTROVERSIAL AT ALL, AND
WE LOOK FORWARD TO HAVING IT ON
THE LIST, AND APPRECIATE
COUNCILMEMBER JUAREZ.
>> INCREDIBLY IMPORTANT, THE
LAKE CITY COMMUNITY CENTER
SERVES A DIFFERENT POPULATION,
IT IS OFTEN USED AS A REASON
NOT TO BUILD A COMMUNITY
CENTER, THE CURRENT ONE WAS
BUILT BY THE LIONS CLUB,
ESSENTIALLY A ONE ROOM
MULTIPURPOSE USE THAT IS USED
BY SOME A DIFFERENT COMMUNITY
ORGANIZATIONS, A NEW BUILDING
IS VERY IMPORTANT, GLAD TO SEE
THIS ADDED.
>> THANK YOU.
>> SEE NO ADDITIONAL COMMENTS,
I'M GOING TO GO AHEAD AND SEE
IF WE CAN MOVE TO AMEND IT, THE
AMENDED RESOLUTION INCLUDE
AMENDMENT NUMBER 1, ANY
ADDITIONAL COMMENTS?
ALL THOSE IN FAVOR, PLEASE SAY
AYE.
NONE OPPOSED.
NO ABSTENTIONS.
>>> AMENDMENT NUMBER 2, AND
COUNCILMEMBER HERBOLD, WOULD
YOU LIKE TO MOVE YOUR
AMENDMENT?
>> AMENDMENT TWO, RELATED TO
THE CRIMINAL JUSTICE
INFORMATION SYSTEM PROJECTS.
>> SECONDED.
>> AND COUNCILMEMBER HERBOLD,
IF YOU ARE PREPARED TO DO SO?
BIGGER I ASKED CENTRAL STAFF
TO REVIEW IT, Mc I.T.
SIX 304, THE CRIMINAL JUSTICE
SYSTEM PROJECTS, BUT IN THE 2020
AND 2025 CIP, IT IS NOW CALLED
THE McI S 2.0 REPLACEMENT
PROJECT.
IN PART OF THE REVIEW, CENTRAL
STAFF RECOMMENDED ADDING IT TO
THE WATCHLIST.
FOR SEVERAL REASONS, ONE, THE
PRICE TAG IS SIGNIFICANT, $41
MILLION, IT HAS A POTENTIAL FOR
A SCOPE CREEK, IT HAD A
DIFFERENT NAME, IT HAS BEEN
RENAMED TO MORE ACCURATELY
REFLECT EFFORTS BEYOND SIMPLY
McI S REPLACEMENT.
AND THE PROJECT IS CURRENTLY
SHOWING YELLOW ON THE STATUS
REPORT.
INTERBRANCH COORDINATION AS AN
ADDITIONAL LEVEL OF COMPLEXITY.
AND LASTLY, CRIMINAL JUSTICE IS
A COUNCIL PRIORITY, LOOKING
FORWARD TO RECEIVING MORE
OVERSIGHT ON THIS PARTICULAR
PROJECT IN MY COMMITTEE, AND I
THINK PUTTING IT ON THE
WATCHLIST HELPS FACILITATE
THAT.
>> ANYTHING TO ADD?
>> THAT IS A EXCELLENT
ENCAPSULATION OF WHERE WE FIND
OURSELVES ON THE PROJECT.
I WOULD NOTE THAT THIS IS A
LITTLE BIT DIFFERENT THAN SOME
OF THE OTHER PROJECTS, IT IS
NOT A BRICKS AND MORTAR KIND OF
PROJECT.
IT DOESN'T HAVE QUITE THE SAME
PHASES OF IMPLEMENTATION.
THE MAIN GOAL FOR THE QUARTERLY
REPORTS FOR THE PROJECTS THAT
ARE GOING TO GET THESE ENHANCED
LOOK AHEAD'S IS TO IDENTIFY
POTENTIAL RISKS ON SCHEDULE,
BUDGET AND SCOPE, IDENTIFY
MITIGATION STRATEGIES THAT THE
EXECUTIVE PLANS ON USING, WHICH
MAY INCLUDE ASKING THE COUNCIL
FOR MORE MONEY, TIME OR
DIFFERENT SCOPE I THINK THAT
ABSOLUTELY CAN BE MADE TO APPLY
TO A PROJECT LIKE AN I.T.
PROJECT.
>> DO I RECALL CORRECTLY FROM
THE PREVIOUS DISCUSSION THAT
THERE MAY NEED TO BE SORT OF A
DIFFERENT FORM CREATED FOR
PROJECTS LIKE THIS THAT ARE NOT
BRICKS AND MORTAR?>> I THINK
BEEN NOBLE AND KAYLA WAGNER
ALLUDED TO THE POSSIBILITY THAT
THEY MIGHT TWEAK THE FORMAT, WE
WILL WORK WITH THEM TO FIND
SOMETHING THAT ADDRESSES WHAT I
UNDERSTAND TO BE THE MAIN
CONCERNS OF THE COUNCIL.
>> GLAD TO HEAR THAT.
ANY OTHER QUESTIONS?
IT HAS BEEN MOVED AND SECONDED,
SEEING NO ADDITIONAL COMMENTS,
ALL THOSE IN FAVOR, PLEASE SAY
AYE.
NONE OPPOSED, NO ABSTENTIONS,
AMENDMENT 2 WILL BE
INCORPORATED.
>>> AND WOULD YOU LIKE TO MOVE
AMENDMENT NUMBER 3?
>> AMENDMENT NUMBER 32
RESOLUTION 31931.
>> SECONDED, AND WOULD YOU
LIKE TO SPEAK AT IT?
>> IS, I SPOKE LAST TIME, ABOUT
THE DEVELOPMENT, THE SMITH COVE
PARK DEVELOPMENT, AND A
PHOTOGRAPH WITH THE MAYOR,
COUNCILMEMBER PHILLIPS, THE
PORT COMMISSIONER AND MANY
OTHERS FROM THE COMMUNITY AS
THE PARK WAS OPENED.
ALTHOUGH IT IS SO MANY YEARS
LATER IN THE PARK HAS NOT BEGUN
DEVELOPMENT, AND PHASE I AND
PHASE II, SOME SCHEDULE SLIPS
DUE TO THE KING COUNTY WASTE
WATER TREATMENT FACILITY PIPES,
IT IS VERY IMPORTANT THAT WE
GET THE PART DONE, AND
COMPLETED, AND I THINK IT
SHOULD REMAIN ON THE WATCHLIST.
>> I DEFINITELY AGREE.
ANY ADDITIONAL COMMENTS?
>> ONLY TO NOTE THAT LIKE THE
FIRST PROJECT, LAKE CITY
COMMITTEE CENTER, THAT WAS ON
THE 2019 WATCHLIST, AND I
BELIEVE IT WAS AN
ADMINISTRATIVE OVERSIGHT THAT
IT WASN'T INCLUDED AS PART OF
THE PROPOSED 2020 PROJECT LIST.
>> ADDITIONAL QUESTIONS OR
COMMENTS, SEEING NONE, ALL
THOSE IN FAVOR OF INCLUDING
AMENDMENT THREE, PLEASE RAISE
YOUR HAND AND SAY AYE.
ANY OPPOSED?
ANY ABSTENTIONS?
NONE.
ALL THREE AMENDMENTS HAVE BEEN
INCLUDED IN THE UNDERLYING BILL,
BEFORE WE GO TO A FINAL VOTE,
AND ANY ADDITIONAL COMMENTS.
YES COUNCILMEMBER HERBOLD.
>> ONE OF THE ISSUES THAT I
HAVE PLAYED AROUND WITH IS WHAT
ARE THE EXPECTATIONS, OUR
EXPECTATIONS OF OURSELVES,
REALLY, WHEN WE HAVE IDENTIFIED
PROJECTS ON A WATCHLIST.
THE INTENT OF THE ORIGINAL
RESOLUTION WAS FOR THE FINANCE
COMMITTEE TO BE THE COMMITTEE
TO HEAR THE REPORTS OVERALL,
BUT I THINK A NUMBER OF US
TALKED ABOUT THE HOPE THAT THE
COMMITTEES WITH OVERSIGHT OF
THE DIFFERENT CIP PROJECTS
WOULD SORT OF TAKE ON THE
RESPONSIBILITY FOR REALLY
FOCUSING ON THE PROJECTS THAT
FALL INTO THE PORTFOLIO OF
THEIR COMMITTEE.
WE DON'T COLLECTIVELY CONTROL
WHAT OUR COLLEAGUES PUT ON
THEIR BUDGET, SO I DON'T KNOW
IF THERE IS A WAY TO FACILITATE
THAT HAPPENING, BUT I GUESS MY
HOPE IS FOR CENTRAL STAFF TO BE
ASSERTIVE WITH COUNCILMEMBERS
ABOUT THEIR RECOMMENDATIONS FOR
PROJECTS ON THE WATCHLIST,
INCLUDING IF YOU HAVE
RECOMMENDATIONS, ADDITIONAL
OVERSIGHT, WE HAVE IN SOME
CASES USED A STAGING PROCESS
FOR BUDGETING, AND THEY PLACE
PROVISOS ON PROJECTS AT
DIFFERENT STAGES.
AGAIN, CENTRAL STAFF, I KNOW
YOU'RE LOOKING AT THE BIG
PICTURE, NOT ALL THE INDIVIDUAL
DEPARTMENTS, DIFFERENT CENTRAL
STAFFERS ASSIGNED TO THOSE
DIFFERENT DEPARTMENTS, IF YOU
COULD CONVEY THE MESSAGE AND
THE HOPE THAT WE REALLY RELY ON
CENTRAL STAFF TO MAKE
RECOMMENDATIONS, ABSENT A
PROCESS FOR MAKING A
DETERMINATION ON WHICH PROJECTS
WOULD BE APPROPRIATE PROJECTS
FOR EVEN ADDITIONAL OVERSIGHT
MEASURES LIKE PROVISOS.
>> NOTED, THANK YOU.
>> AND MAYBE WE CAN DO
BRAINSTORMING AFTERWARDS ABOUT
A MESSAGE THAT COULD COME FROM
THE COMMITTEE TO OUR COUNCIL
COLLEAGUES, ABOUT THE FINAL
LIST, I KNOW THEY WILL BE AWARE
AND IT WILL COME BEFORE THE
FULL COUNCIL ON MONDAY, IF IT
IS VOTED ON TODAY.
I WOULD LIKE TO SEE IF THERE'S
A WAY TO FORMALIZE IT EVEN
FURTHER, GIVEN YOUR INTEREST IN
HAVING A ROBUST PROCESS, MAYBE
IDENTIFYING WAYS TO ENSURE
COMMUNICATION IS CLEAR AND
TRANSPARENT, AS WE GET WORD
THAT MAYBE THEY ARE NOT ON
TIME.
>> ONE OF THE WAYS WE TRY TO DO
THAT AT THE STAFF LEVEL, WHEN
WE RECEIVED THE QUARTERLY
ENHANCED REPORTS, WE DISTRIBUTE
THEM TO ALL NINE COUNCILMEMBERS,
AND TRY TO PROVIDE AN EXECUTIVE
SUMMARY HIGHLIGHTING THE ONE OR
TWO PROJECTS OUT OF THE LIST
CUT EACH QUARTER GENERALLY
HAVING SOME NEWS WHERE THERE IS
SOMETHING THAT WE THINK IS
WORTH PAYING ATTENTION TO AND
MAY NEED SOME FOLLOW-UP.
OF COURSE EVERY PROJECT HAS
TIDBITS AND INTERESTING BITS OF
INFORMATION, BUT WE TRY TO
HIGHLIGHT WHAT WE THINK PEOPLE
WILL BE MOST INTERESTED IN.
>> ANOTHER OPPORTUNITY, AGAIN,
MEMBERS TO DETERMINE WHAT IS ON
THE WORK PLAN, BUT IF YOU ARE
MAKING RECOMMENDATIONS TO
INCLUDE THE CORRESPONDING
PROJECTS TO THOSE INDIVIDUAL
COMMITTEES, IT CARRIES GREAT
WEIGHT. YOUR INFLUENCE.
>> THANK YOU.
>>> THINKING OF ITEMS BEING IN
THE NEWS, ONE OF THE THINGS I
WAS INTERESTED IN ADDING WAS
TRACKING ANY ADDITIONAL FUNDING
OR CHANGES THAT COULD BE COMING
DOWN THE PIKE RELATED TO 35th
STREET.
AND SUBSEQUENT CONVERSATIONS,
MADE IT SEEM LIKE IT WASN'T THE
MOST APPROPRIATE FORUM, ONE OF
THE THINGS THAT WILL BE OF
INTEREST TO ME IS TO SEE HOW
MUCH OF AN UNDER SPEND WE HAVE,
GIVEN THAT THE PROTECTED BIKE
LANES DID NOT GO INTO PLACE,
AND IF THERE ARE OPPORTUNITIES
FOR US TO REVISIT THAT STRATEGY
THAT IS BEING DEPLOYED THERE,
THAT IS SOMETHING THAT I WOULD
BE INTERESTED IN TRACKING, THIS
CIP WATCHLIST IS POTENTIALLY
NOT THE BEST PLACE, I'M A
STRONG BELIEVER WE SHOULD HAVE
INCLUDED THE PROTECTED BIKE
LANES ON THE ROAD, I'M
CONCERNED ABOUT THE NUMBER OF
INJURIES AND DEATHS OCCURRING
THERE, AND PEOPLE FEELING
UNSAFE AND EXPERIENCING UNSAFE
SITUATIONS.
LOOK FORWARD TO WORKING WITH
YOU ALL, AND THROUGH THE
TRANSPORTATION COMMITTEE, WAYS
TO FURTHER IMPLEMENT A PROTECTED
BIKE LANE.
NO OTHER COMMENTS, ALL THOSE IN
FAVOR OF AMENDED RESOLUTION
31931 AND PLEASE VOTE AYE, AND
NONE OPPOSED AND NO
ABSTENTIONS, THE RESOLUTION IS
ADOPTED, WE WILL SEND IT TO THE
FULL COUNCIL FOR CONSIDERATION
úON THE FEBRUARY 24 AGENDA.
THANK YOU .
>>> WE HAVE SOME FRIENDS WITH
US ELECTRONICALLY FOR THE NEXT
ITEM, SOME MIGHT KNOW OUR
ESTEEMED GUESTS, MAKE YOURSELVES
COMFORTABLE, IF YOU NEED TO
REARRANGE TO SEE THE SCREEN,
AND IF YOU COULD READ INTO THE
RECORD ITEM NUMBER 3, AND IS
ANYONE FROM CENTRAL STAFF HERE?
>> AGENDA ITEM NUMBER 3, FUTURE
OF WORK, FOR BRIEFING AND
DISCUSSION.
>> I AM PULLING UP SOMEONE FROM
OUR CENTRAL STAFF, FROM OUR
LEAD AT LABOR WAS CENTRAL
STAFF, WE HAVE WITH US REBECCA
SMITH FROM THE NATIONAL
EMPLOYMENT LAW PROJECT, THE
DIRECTOR OF WORK STRUCTURES AND
THE DEPUTY DIRECTOR, I REMEMBER
YOUR TITLE BEING, MY FAVORITE
TITLE FOR YOU, EVERYTHING LABOR
RELATED.
LABOR LAW POLICY, I ALWAYS GIVE
YOU A CALL, BECKI SMITH, YOU
HAVE BEEN HERE NUMBER OF TIMES
ALREADY, HAPPY TO SEE YOU ON
THE SCREEN, AND IS RACHEL WITH
THIS ALREADY?
NOT YET, WE MIGHT BE JOINED
SOON BY RACHEL DEUTSCH, THE
SUPERVISING ATTORNEY FOR
WORKER JUSTICE AT THE CENTER
FOR POPULAR DEMOCRACY.
A LOT OF PEOPLE KNOW CBD, AND
WE WILL HEAR FROM HER IF SHE IS
ABLE TO JOIN US.
AND BECKI, I THINK FOLKS KNOW
YOU WELL, BUT IF YOU CAN START
WITH AN INTRODUCTION AND THE
POWERPOINT PRESENTATION AS
WELL.
>> I HOPE I CAN LIVE UP TO A
QUARTER OF THAT KIND OF
INTRODUCTION.
I AM REBECCA SMITH, AND AS THE
COUNCILMEMBER SAID, I DEVELOPED
THE WORK STRUCTURES PORTFOLIO
AT THE NATIONAL EMPLOYMENT LAW
PROJECT, WE ARE A NATIONAL
NONPROFIT DOING RESEARCH AND
LEGAL ADVOCACY, CAPACITY
BUILDING AROUND WORK,
ESPECIALLY LOW-WAGE WORKERS.
I AM BASED IN SEATTLE, WITH
THEY ARE BASED IN NEW YORK AND
DC AND WE HAVE AN OFFICE IN
BERKELEY AS WELL.
I AM GOING TO SHARE MY SCREEN.
>> IT IS WORKING.
THEIR EGO.
>> VERY GOOD.
SO THE ITEM AND HOW YOU CAN
CONTACT ME, BECAUSE MY WORK IS
AROUND HOW WORK IS ORGANIZED
AND STRUCTURED, ABOUT THAT
ISSUE.
WHEN WE THINK ABOUT WORK AND
HOW WORK IS STRUCTURED, WE
REALLY BEGIN WITH, IF I CAN
MAKE THIS WORK, THERE WE GO.
SORT OF A NORTH STAR OF WHAT
WORK SHOULD BE FOR WORKERS.
IT SHOULD GIVE US STABILITY AND
SAFETY AND AN OPPORTUNITY TO
CONTRIBUTE AND CONNECT WITH
EACH OTHER.
AND MAKE SURE WE CAN JOIN
TOGETHER AND ENSURE THAT OUR
WORKPLACES GET BETTER AND
BETTER, AND OUR FAMILIES THRIVE
IN COMMUNITIES THRIVE.
WE KIND OF THINK ABOUT IT AS
OUR NORTH STAR.
AND ONE OF THE PROBLEMS IS THIS
REALLY DECADES-OLD PRACTICE BY
MANY COMPANIES OF NOT COMPLYING
WITH LABOR LAWS, BY REASON OF
CALLING WORKERS INDEPENDENT
CONTRACTORS.
THAT IS NOT THEIR EMPLOYEES BUT
AN ENTIRELY SEPARATE BUSINESS.
IN THE LAST SEVERAL YEARS, THE
FOCUS HAS REALLY BEEN ON APPLE-
BASED WORK.
SO YOU ALL HAVE SEEN AND HEARD
AND ADDRESSED ISSUES AROUND THE
TRANSPORTATION NETWORK
COMPANIES, AND OTHERS, BUT I
GUESS I WANT TO SAY A COUPLE OF
THINGS ABOUT THAT.
WE REALLY LIKE TO SAY THAT
THERE IS NOT A GIG ECONOMY, IT
IS JUST THE ECONOMY.
BECAUSE APPLE-BASED WORK IS
REALLY THE TIP OF THE ICEBERG,
AND IN ALL OF THESE OTHER
SECTORS THAT YOU SEE BELOW THE
SURFACE, THAT AREN'T GETTING AS
MUCH ATTENTION, WE SEE THE
TREATMENT OF WORKERS AS RUNNING
TEIR OWN BUSINESS.
AT-BASED WORK, IT'S HARD TO GET
STATISTICS, IT IS ABOUT 3%
RIGHT NOW IN WASHINGTON STATE
OF ALL WORK, ABOUT 57,000
WORKERS.
WHEN WE THINK ABUT SHIFTING
COSTS AND MORE TO WORKERS, NOT
JUST AT-BASED WORK.
ONE REASON THAT THIS GETS SO
MUCH ATTENTION IS THAT THESE
COMPANIES HAVE BEEN VERY CLEAR
THAT THEY DON'T BELIEVE THAT
THEY ARE REQUIRED TO COMPLY
WITH LABOR STANDARDS.
>>> ANOTHER REASON WE ARE
CONCERNED ABOUT IT IS THAT IT
ISN'T JUST DOMESTIC WORK OR
DELIVERY OR TRANSPORTATION,
ALTHOUGH THOSE ARE THE BIGGEST
SECTORS, BUT REALLY STARTING TO
CREEP INTO OTHER SECTORS,
INCLUDING RETAIL AND
HOSPITALITY AND NURSING AND
TEACHING AND LAW.
SO THAT TECHNOLOGY, THE DISPATCH
WORKERS, TECHNOLOGY IS FINE,
THE PROBLEM IS THAT THIS
BUSINESS MODEL, NOT BEING
RESPONSIBLE FOR WORKERS, IS
GAINING MORE ATTRACTION.
OR TRACTION.
>>> HOW THIS HAPPENS IS USUALLY
BY WAY OF THIS, THE INDEPENDENT
CONTRACTOR, IT DOESN'T
NECESSARILY FREQUENTLY DOESN'T
REFLECT THE REAL RELATIONSHIP
BETWEEN THE WORKER.
AND LOSING ALL OF THE LABOR
STANDARDS THAT THE CITY COUNCIL
HAS PASSED, WORKERS
COMPENSATION.
UNPAID FAMILY LEAVE, OF COURSE,
THE HIGH MINIMUM WAGE, HIRING
AND DISCRIMINATION, AND WHAT
YOU GET IS, BEING RESPONSIBLE
FOR YOUR OWN EXPENSES.
THE TRANSPORTATION NETWORKS,
DRIVERS, OBLIGED TO PAY BOTH
THE WORKER AND EMPLOYER SIDE,
OF SOCIAL SECURITY IF YOU WANT
TO RECEIVE IT SOMEDAY.
SHORT-TERM AND LONG-TERM
IMPLICATIONS.
>> A SHORT COMMENT ON LIGHT ON
THAT, YESTERDAY FOLKS MAY HAVE
SEEN THE FRONT LINE PART ONE
DEBUT OF THE PROFILE OF AMAZON
AND JEFF DAYS ELSE, THIS
BUSINESS MODEL AS IT RELATES TO
RETAIL FROM AMAZON.COM, AND HOW
THEY HAVE USED THE AT-BASED
WORK AND MISCLASSIFIED WORKERS,
AND THE INDEPENDENT CONTRACTOR
MODEL FOR THE TRUCKING AND
DELIVERY SYSTEM, AND THE DOOR-
TO-DOOR SYSTEM, A REALLY
EXCELLENT OVERVIEW OF HOW THIS
ECONOMIC MODEL IS PLAYING OUT
EVERY DAY.
IN THE COUNTRY IN THE WORLD.
CHAIR?
>> I JUST WANT TO CLARIFY A MY
UNDERSTANDING THAT THIS GRAPHIC
IS NOT ALL INCLUSIVE, THANK YOU.
LIST OF THE JOBS THAT ARE
CLASSIFIED AS INDEPENDENT
CONTRACTORS, AND TO THE CHAIRS
POINT, A VERY INTENTIONAL
EFFORT TO CLAW INTO THE
DEFINITION OF INDEPENDENT
CONTRACTORS, MORE MORE TYPES OF
WORK.
>> THAT'S RIGHT, WHEN I WAS
DISCUSSING THE APPLICATIONS,
THE NURSES AND TEACHERS, AND
MANY OTHERS.
THE INDUSTRIES THAT FREQUENTLY
USE THIS MODEL.
WHILE MAINTAINING CONTROL OVER
WORKERS IN THE WORK THAT THEY
DO.
AND JUST A LITTLE BIT OF
CONTEXT I GUESS, YOU MAY HAVE
SEEN US TO THE SURVEY AND
ANALYSIS, THEY FOUND THAT OVER
HALF OF THE WORKERS WERE
EARNING MINIMUM WAGE, THE
AVERAGE PAY WAS $7.66 PER HOUR.
AND RECENTLY, A RESEARCHER IN
NEW YORK TODAY STUDY THAT REALLY
DIFFERENTIATED BETWEEN HIGH
WAGE INDEPENDENT CONTRACTORS
AND LOW-WAGE WORKERS, AND FOR
PEOPLE WHO ARE MAIDS AND
HOUSEKEEPERS, CHILDCARE WORKERS,
ANNUAL EARNINGS, IN A FIVE-YEAR
PERIOD FELL, FOR INDEPENDENT
CONTRACTORS, WHILE AT ROSE FOR
25% FOR THOSE WHO ARE EMPLOYEES,
IT HAS A REAL IMPACT, TREATED
AS AN INDEPENDENT CONTRACTOR .
>>> THE OTHER POINT IS AND THE
SAME STUDY OF THE INDEPENDENT
CONTRACTORS NEW YORK ARE PEOPLE
OF COLOR, IN NEW YORK ARE
PEOPLE OF COLOR, THERE
CERTAINLY WAS A STUDY IN
CONNECTION WITH THE DOMESTIC
WORKERS BILL OF RIGHTS, FINDING
THE OVERWHELMING NUMBERS OF
DOMESTIC WORKERS ARE WOMEN OF
COLOR.
>>> I WANT TO TALK A LITTLE BIT
ABOUT THE POLICY IMPACTS, OR
POLICIES THAT STATES AND CITIES
HAVE UNDERTAKEN.
THE FIRST IS THIS ISSUE OF
DEFINING WHO IS AN EMPLOYEE AND
WHO IS NOT, AND YOU PROBABLY
FOLLOWED A LITTLE BIT THAT
CALIFORNIA JUST PASSED A LAW
WITH VERY EXPANSIVE DEFINITIONS
FOR ALL SECTORS OF WHO IS AN
EMPLOYEE.
AND I GUESS A COUPLE OF THINGS
ABOUT CALIFORNIA, IT HAS GOTTEN
A LOT OF ATTENTION, CALIFORNIA
IS NOT THE ONLY STATE TO USE
THAT TEST.
ABOUT HALF OF THE STATES USE
SOME VERSION OF IT IN THEIR
UNEMPLOYMENT INSURANCE LAWS,
AND ABOUT EIGHT OR 10 USE IT
FOR CERTAIN SECTORS, THREE
OTHER STATES USE IT ACROSS THE
BOARD.
YOU WOULD THINK FROM WHAT YOU
HAVE READ, THAT CALIFORNIA IS A
STATE, BUT THAT'S NOT THE CASE.
IT IS HAVING AN EFFECT, A
RECENT NEWS ARTICLE ABOUT THE
ACCOUNTANT AND CONSTRUCTION
WORKERS, THAT ARE NOW
RECLASSIFYING THE WORKERS IN
CALIFORNIA.
AND CATALYZED MORE CAMPAIGNS IN
NEW JERSEY, TO EXPAND THEIR
LAW, NEW YORK, AND ANNOUNCING
THE CAMPAIGN.
THERE ARE OTHER MODELS AROUND
WHO IS INCLUDED AND WHO IS
EXCLUDED, AND ONE REALLY
GROUNDBREAKING ONE WAS THE
SEATTLE DOMESTIC WORKER BILL OF
RIGHTS, THAT ESSENTIALLY SAID
WE DON'T CARE WHETHER YOU WANT
TO LABEL YOUR WORKERS ON THE
SIDE OF THE LINER THAT SET OF
ALIGNED, EMPLOYEES OR
INDEPENDENT CONTRACTORS, THEY
ARE ENTITLED TO THESE RIGHTS.
THE FIRST CITY TO DO THAT.
THE PARALLEL MINIMUM WAGE FOR
WORKERS WHO ARE NOT CONSIDERED
EMPLOYEES, AND YOU ARE FAMILIAR
WITH THE PAY STANDARD,
LEGISLATION HERE IN SEATTLE THAT
FOLLOWS NEW YORK, ESTABLISHING
A MINIMUM PAY FOR
TRANSPORTATION NETWORK DRIVERS.
>>> THE SECOND PIECE IS REALLY
EXPERIMENTATION WITH WAYS IN
WHICH WORKERS VOICES CAN BE
IRRIGATED TO NEGOTIATE WITH THE
BUSINESS.
AND YOU HAD JUST HEARD ABOUT AN
HOUR AGO ABOUT WITH DOMESTIC
WORKERS, SOME ARE THINKING AS
BARGAINING AT THE STATE LEVEL,
AND CERTAINLY AT THE FEDERAL
LEVEL, AND HOW YOU WOULD BUILD
A COLLECTIVE BARGAINING REGIME
ON TOP OF MINIMUM LABOR
STANDARDS.
STRACHAN FINALLY IS
ENFORCEMENT.
YOU ALL KNOW, BECAUSE YOU HAVE
SUCH A GREAT LABOR STANDARDS
ENFORCEMENT, STRATEGIC
ENFORCEMENT IS IMPORTANT.
ONE THING THAT SOME STATES HAVE
DONE IS MAKING THE
CLASSIFICATION A VIOLATION
ITSELF, IF I MISS CLASSIFY IT,
I CAN BRING AN ACTION.
OR IF I AM MS. KLATT OF IF I AM
MISCLASSIFIED.
YOU MAY WELL GET ACCESS TO
SOCIAL SECURITY AS WELL, THAT
WE CANNOT CHANGE AT THE CITY
LEVEL.
ENFORCEMENT REALLY MATTERS, AND
PUBLIC ENFORCEMENT REALLY
MATTERS.
>>> HERE ARE SOME EXAMPLES OF
ENFORCEMENT BY PUBLIC AGENCIES,
MOST OF THEM ARE FOCUSED ON THE
GIG ECONOMY, BUT THERE HAVE
BEEN A FAIR NUMBER OF PUBLIC
ENFORCEMENT ACTIONS, IN
CONSTRUCTION, AND CARWASH, IN
OTHER INDUSTRIES THAT
FREQUENTLY TREAT WORKERS AS
INDEPENDENT CONTRACTORS AS WELL.
AND WE FOUND THERE HAVE BEEN A
COUPLE OF STUDIES RECENTLY THAT
HAVE SHOWN A LESSENING OF
INDEPENDENT CONTRACTORS AND AN
INDUSTRY WHEN THERE IS GOOD
ENFORCEMENT.
SO THAT IS ANOTHER HUGE ISSUE
AND AN ISSUE THAT RACHEL TALK
ABOUT.
IT IS ESPECIALLY IMPORTANT IN
THIS ERA OF FORCED ARBITRATION,
WHERE SO MANY WORKERS CANNOT
BRING ACTION ON THEIR OWN.
>> COLLEAGUES, ONE OF THE
THINGS THAT I KNOW REBECCA
SMITH AND I FACED WHEN WE WERE
WORKING ON LEGISLATION AT STATE
LEVEL, WAS THIS FEAR THAT IF WE
DID A BETTER JOB AT REALLY
PROTECTING THOSE WHO ARE BEING
MISCLASSIFIED, THAT SOMEHOW
THERE WOULD NO LONGER BE A
CATEGORY OF INDEPENDENT
WORKERS.
AND I WANT TO DEBUNK THAT,
OFFERING A FEW EXAMPLES, I KNOW
YOU ARE ACCREDITED, THE
QUESTION IS DO PEOPLE HAVE
DIRECTION AND CONTROL OVER
THEIR WORK.
AND YOU CAN THINK OF INDUSTRIES
WHERE PEOPLE ARE BONA FIDE
INDEPENDENT CONTRACTORS, THE
PLUMBER WHO SETS HIS OR HER OWN
SCHEDULE, MAY HAVE THE CLIENTS
THEY KNOW, THEIR TOOLS, THEY
DIRECT AND CONTROL THEIR OWN
WORK.
THINK OF SOME REALTORS, THEY
SET THEIR OWN SCHEDULE, REACH
OUT FOR THE CLIENTS, AND BECKY,
IF YOU WANT TO COMMENT ON THAT,
TO DEBUNK THE MYTH THAT IF YOU
ADDRESS MISCLASSIFICATION, YOU
ARE ELIMINATING THE ABILITY TO
BE INDEPENDENT CONTRACTORS?
>> RIGHT, IT IS A QUESTION OF
WHETHER YOU HAVE THE ABILITY TO
SET YOUR OWN PRICES AND HAVE
YOUR OWN CUSTOMER BASE, AND
WHETHER YOU CAN CONTROL
EXPENSES AND THEREBY MAKE A
PROFIT OR A LOSS.
A FEW MONTHS AGO THERE WAS A
LUNCH AND LEARN SESSION THAT I
SPOKE AT, AND THERE WAS A
WORKER WHO WAS A DRIVER, AND HE
TALKED ABOUT HOW HIS WINDSHIELD
HAD BEEN BROKEN THREE TIMES IN
A REALLY SHORT PERIOD OF TIME,
HE CAN'T RECOUP THAT.
HE CAN'T RAISE PRICES, HE HAS
NO WAY TO CONTROL PROFIT OR
LOSS.
THAT IS ONE OF THE THINGS THAT
MARKS HIM AS AN EMPLOYEE AND
NOT AN INDEPENDENT CONTRACTOR.
AND MOST STATE LAWS ACTUALLY
HAVE EXEMPTIONS FOR FOLKS WHO
ARE LARGELY THOUGHT OF AS
INDEPENDENT CONTRACTORS LIKE
ACCOUNTANTS AND REALTORS, AND
HAIRSTYLISTS, YES, DEPENDING.
>> AT THE STATE LEVEL.
>> AND PROFIT OR LOSS.
YES.
>> THANK YOU FOR DOING THAT.
>> AND I WILL FINISH UP ON THIS,
YOU KNOW, WE ARE INTERESTED IN
THE GIG ECONOMY PARTLY BECAUSE
TECHNOLOGY HAS ENABLED THIS
SHIFTING OF COSTS ONTO WORKERS,
AND MOVING PROFITS UP THE CHAIN.
BUT THERE IS A LOT MORE AROUND
TECHNOLOGY AND WORKERS THAT I
THINK WE ARE ALL JUST BEGINNING
TO GET A HANDLE ON.
WE HAVE SEEN LEGISLATION THAT
PROTECTS CONSUMERS IN TERMS OF
ACCESS TO WHAT DATA IS BEING
COLLECTED ON THEM, AND THE
ABILITY TO CORRECT AND OPT OUT,
AND LEGISLATION ABOUT
SURVEILLANCE, WHEN AND WHERE
AND HOW IT CAN BE USED.
AND LEGISLATION ON BIOMETRICS.
WE ARE STARTING NOW TO SEE MORE
POLICY BEING DEVELOPED RUN
THINGS LIKE USE OF FACIAL
RECOGNITION SOFTWARE, AND
INTERVIEWING TECHNIQUES THAT
CAN RESULT IN DISCRIMINATION
AGAINST PEOPLE OF COLOR.
AND WOMEN SOMETIMES AS WELL.
WE ARE STARTING TO THINK ABOUT
HOW TECHNOLOGY IS USED TO
EVALUATE WORKERS, AND HOW
WORKERS CAN HAVE A SAY IN THAT.
WHAT ARE THE LIMITS ON A
BUSINESS USING A PERSONALITY
TEST WHEN THEY ARE HIRING
WORKERS.
THIS IS MY WORD CLOUD THAT SAYS
ALL OF THESE THINGS ARE THINGS
WE NEED TO THINK ABOUT, AND
ADDRESS FUTURE WORK.
>> COUNCILMEMBER HERBOLD?
>> I AM SUPER INTERESTED IN
THE ISSUE OF MISCLASSIFICATION
FOR ALL OF THE ISSUES THAT YOU
HIGHLIGHTED, REBECCA.
I JUST THINK THERE IS SO MUCH
POTENTIAL TO LOSE SO MUCH, THAT
SO MANY HAVE FOUGHT SO HARD
FOR, FOR SO LONG.
AND SO A LITTLE WHILE AGO, I
INTRODUCED A RESOLUTION
DIRECTING THE OFFICE OF LABOR
STANDARDS TO LOOK AT THIS ISSUE,
AND MAKE SOME RECOMMENDATIONS
FOR HOW TO ADDRESS THOSE
ISSUES.
I UNDERSTAND THAT THE LABOR
STANDARDS, COMMITTEE, HAS A
SUBJECT OF MISCLASSIFICATION,
AND I WONDER IF YOU HAVE BEEN
IN TOUCH WITH LSAC ABOUT ITS
WORK?
>>> AND SECONDLY, I DON'T KNOW
IF THERE WILL BE A
RECOMMENDATION REGARDING LEGAL,
POLITICAL AND POLICY STRATEGY,
THE MOST CHALLENGING THING FOR
ME ON THIS ISSUE IS THIS
QUESTION OF WHICH WAY DO YOU GO.
DO YOU GO THE DEFINITIONAL
ROUTE, AND DEFINE MORE
ACCURATELY TO TODAY'S
CIRCUMSTANCE WHAT A WORKER IS,
AND YOU MAKE SURE THAT ALL
THOSE WORKERS HAVE THE SAME
ACCESS TO BENEFIT, OR A SECTOR
BY SECTOR APPROACH, OR SAY, AS
YOU SAID EARLIER, IT DOESN'T
MATTER HOW YOU CLASSIFY YOUR
WORKER, EVEN IF YOU CLASSIFY
THEM AS A CONTRACT WORKER, THEY
GET THESE BENEFITS.
I KNOW THIS IS A CONVERSATION
THAT ORGANIZED LABOR HAS, ABOUT
WHICH WAYS THE RIGHT WAY TO GO,
I WOULD WELCOME YOUR THOUGHTS
AS WELL.
>> A COMPLICATED QUESTION.
YES, I HAVE IN THE PAST BEEN IN
TOUCH WITH BOTH THE LOS AND
LSAC AND I LOOK FORWARD TO
WORKING WITH THEM.
>> THANK YOU COUNCILMEMBER
HERBOLD . COUNCILMEMBER LEWIS?
>> NOT AT THIS TIME.
>> REBECCA SMITH, FROM THE
NATIONAL EMPLOYMENT LAW
PROJECT, THANK YOU FOR JOINING
US, LOOKING FORWARD TO WORKING
WITH YOU AS WE CRAFT STRATEGIES.
THIS IS KIND OF A BRAINSTORMING
SESSION TODAY, WE WILL HEAR
FROM RACHEL IN A SECOND, THIS
WILL BE AN ITEM THAT WE ARE
LOOKING TO THE EXPERTS WE ARE
HEARING FROM TODAY, EMPLOYERS
AND WORKERS AS WE THINK ABOUT
NEW STRATEGIES TO ENSURE PEOPLE
HAVE THE LABOR PROTECTIONS THAT
WE FOUGHT SO HARD FOR.
AND I APPRECIATE THE REMINDER BY
REBECCA SMITH THAT IT ISN'T THE
GIG ECONOMY AS A SLICE, IT IS
THE ECONOMY, THE ECONOMY OF THE
FUTURE.
SOMETHING TO THINK ABOUT WHILE
WE THINK ABOUT THE WHY.
THANK YOU REBECCA, WE WILL
WELCOME RACHEL.
YOU ARE LIVE WITH US, WE CAN
SEE YOU, AND WE HAVE A
POWERPOINT STARTING TO LOAD.
COULD YOU DO A? INTRODUCTION
FOR YOURSELF?>> SURE, I WORK
WITH THE CENTER FOR POPULAR
DEMOCRACY, A NATIONAL
ORGANIZATION OF GROUPS, YOU ARE
PROBABLY FAMILIA WITH OUR
WASHINGTON AFFILIATE, WORK IN
WASHINGTON, WHICH WE
COLLABORATE WITH CLOSELY.
I WORK WITH ORGANIZATIONS AND
COALITIONS AND POLICYMAKERS
AROUND THE COUNTRY ON CRAFTING
POLICY SOLUTIONS TO SOME OF THE
POLICIES RELATED TO WORK, IN
PARTICULAR WORK, THAT SUPPORTS
MANY OF YOU IN YOUR SCHEDULING,
AND DOING QUITE A BIT OF WORK,
WITH THE CRISIS OF WORK ISSUES.
>> THANK YOU, ARE YOU ABLE TO
SHARE THE POWERPOINT
PRESENTATION FROM YOUR END?
>> YES.
>> WE HAVE PRINTED COPIES AS
WELL.
AND REBECCA, IF YOU WANT TO
CHIME IN, JUST NOTE THAT YOU
ARE MUTED ON OUR END OVER HERE.
IT APPEARS.
GREAT, THERE COMES THE
PRESENTATION.
>> OKAY, I WILL START ABOUT THE
FORCED ARBITRATION CRISIS, YOU
MAY BE AWARE, FORCED
ARBITRATION REFERS TO CAUSES
THAT ARE INCLUDED IN EMPLOYMENT
CONTRACTS, THEY SOMETIMES
APPEAR IN JOB APPLICATIONS, OR
EMPLOYEE MANUALS.
SOMETIMES WORKERS DON'T EVEN
FIND ANYTHING, IT IS SORT OF
IMPLICIT UPON ACCEPTING A JOB OR
THE EMPLOYMENT HANDBOOK, THEY
ARE WAIVING THEIR RIGHT TO SUE
IN THE EVENT OF A VIOLATION OF
THEIR EMPLOYMENT RIGHTS, THEIR
ONLY OPTION IS AN ARBITRATION
SYSTEM THAT HAS BEEN DESIGNED
BY CORPORATIONS TO MAKE IT
DIFFICULT FOR WORKERS TO WIN.
WHAT HAPPENED RECENTLY IS IN
2018, THE SUPREME COURT DECIDED
THE CASE THAT ESSENTIALLY SAID
THAT NOT ONLY CAN EMPLOYEES BE
FORCED INTO ARBITRATION, BUT
THEY CAN BE FORCED TO WAIVE
THEIR RIGHT TO PROCEED
COLLECTIVELY.
ONE OF THE MOST POWERFUL TOOLS
OF ENFORCEMENT OF WORKPLACE
STANDARDS FOR MANY YEARS HAS
BEEN THE CLASS ACTION LAWSUIT.
AND JUST TO PROVIDE PERSPECTIVE
AND ANALYSIS, AT THE POLICY
INSTITUTE, THEY FOUND THAT THE
TOP 10 CLASS-ACTION LAWSUITS IN
2015-16 COVERED ALMOST 4 TIMES
AS MUCH FOR WORKERS AS ALL OF
THE STATE AND FEDERAL
EMPLOYMENT AGENCIES COMBINED.
SO THE POWER OF THE CLASS
ACTION LAWSUIT TO HELP WORKERS,
AND TO ESTABLISH A ENVIRONMENT
IN WHICH EMPLOYERS INVEST IN
COMPLIANCE, IS REALLY
SIGNIFICANT.
SO THE LAST FEW YEARS, AS OF
2017, AN ESTIMATE THAT MORE
THAN HALF OF NONUNION PRIVATE
SECTOR WORKERS HAD LOST THE
RIGHT TO SUE, TWO THIRDS OF LOW-
WAGE WORKERS, AND WE PROJECT
BECAUSE THEY WERE COLLECTED
BEFORE THE SUPREME COURT CASE,
WHICH THEN SPAWNED A WHOLE
REACTION FROM CORPORATIONS AND
THEIR ATTORNEYS, THAT WE
PROJECT BASED ON THE PAST RATE
OF EXPANSION OF WORKER
ARBITRATION FOLLOWING PREVIOUS
DECISIONS, THAT WITHIN THE NEXT
FEW YEARS, MORE THAN 80% OF
WORKERS WILL HAVE LOST THEIR
RIGHTS.
AND IT'S IMPORTANT TO RECOGNIZE
ABOUT FORCED ARBITRATION, IS
PORTRAYED AS A MORE AFFORDABLE
OR COST-EFFECTIVE MECHANISM FOR
PEOPLE TO RESOLVE THEIR RIGHTS,
IT IS REALLY DESIGNED FOR ONE
THING, AND THAT IS TO SUPPRESS
CLAIMS.
WHAT HAPPENS IS, WORKING PEOPLE
CAN'T BRING CLAIMS THAT
ARBITRATION, BOTH BECAUSE THE
SYSTEM IS INHERENTLY BIASED,
BECAUSE CORPORATIONS, THE
REPEAT PLAYERS, ARBITRATORS ARE
FOR HIRE, AND THEY KNOW IF THEY
REPEATEDLY FIND FOR THE WORKER
OR THE CONSUMER, THE
CORPORATION IS NOT GOING TO
SELECT THEM AGAIN AS AN
ARBITRATOR.
THERE ARE A WHOLE NUMBER OF
DIFFERENT WAYS IN WHICH SHE CAN
BE RIGGED TO MAKE IT VERY HARD
FOR WORKERS TO WIN.
AND WHEN THEY DO WIN, THEY
RECOVER FAR LESS.
IN SOME CASES, SOME OF THE
KINDS OF REMEDIES THAT A COURT
COULD PROVIDE IS NOT AVAILABLE
TO AN ARBITRATOR, EVEN IF THEY
WANTED TO.
>>> FOR EXAMPLE, IF AN
INDIVIDUAL WORKER COMES FORWARD
AND IN THE COURSE OF THEIR CASE
REVEALS ENDEMIC GENDER
DISCRIMINATION, THE ARBITRATOR
MIGHT BE ABLE TO AWARD THEM
SOME BACK WAGES, BUT NOT HAVE
THE POWER TO ORDER THE COMPANY
TO CHANGE ITS PRACTICES MOVING
FORWARD.
AS A RESULT OF THIS, 90% OF THE
CLAIMS AS ANNOUNCED, ARE
EXPECTED TO BE IN COURT, JUST
VANISH WHEN ARBITRATION IS THE
ONLY OPTION, ONE OF THE BEST
EXAMPLES VERY RECENTLY,
DOORDASH, YOU MIGHT'VE SEEN THE
RECENT CASE, IT WAS IN AN
ARBITRATION CLAUSE SAYING YOU
CAN'T BRING THE CLAIMS
COLLECTIVELY, EACH OF YOU GO
THROUGH INDIVIDUAL ARBITRATION
TO CHALLENGE, WHAT IS A
SYSTEMIC EMPLOYMENT PRACTICE.
AND CLASSIFICATION OF ALL OF
THESE DOORDASH WORKERS.
TYPICALLY THAT IS WORD ENDS.
THEY CAN'T AFFORD TO BRING
INDIVIDUAL ARBITRATION, BUT IN
THIS CASE THE WORKERS ACTUALLY
TRIED TO SEEK INDIVIDUAL
ARBITRATION AND DOORDASH
REFUSED.
BECAUSE THEY ARE NOT INTERESTED
IN USING IT AS AN ALTERNATIVE
WAY TO ADDRESS THE CLAIMS, JUST
INTERESTED IN HIDING THEIR
NONCOMPLIANCE.
>> RACHEL.
CAN YOU HEAR ME?
>> YES.
>> THIS IS LISA.
A? QUESTION.
QUICK QUESTION.
I APPRECIATE YOUR FOCUS ON WHY
FORCED ARBITRATION CAN BE
HARMFUL NOT JUST TO INDIVIDUAL
WORKERS AND CLASSES OF WORKERS,
BUT THE INCENTIVE TO INVEST ON
COMPLIANCE, BUT IT COULD BE
SAID THAT FORCED ARBITRATION
AND ELIMINATING THE ABILITY FOR
CLASS-ACTION SUITS ALSO HAS AN
IMPACT ON FUTURE POTENTIAL
POLICY, BECAUSE SOMETIMES
LAWMAKERS SET POLICY BASED ON
THESE PRIOR CASES THAT CAN
BECOME VERY HIGH-PROFILE CASES
THAT DEMAND THE ATTENTION OF
LEGISLATORS.
>> YES, THAT'S RIGHT, OFTEN
TIMES, THE CASES THAT COME
FORWARD REVEAL SOME OF THE
INTRACTABLE PROBLEMS IN
EMPLOYMENT, AND TO ADDRESS
POLICY, AND ALSO WE NEED THEM
TO CLARIFY WHAT THE LAW IS,
COURTS PLAY THE ROLE OF FILLING
IN THE BLANKS OF LEGISLATIVE
ENACTMENTS, SO IF YOU DON'T
HAVE AN OPPORTUNITY TO BRING
THOSE QUESTIONS BEFORE YOU
JUDGE AND CREATE A PUBLIC
RECORD, YOU'RE NOT PROVIDING
THAT.
>>> I WOULD SAY THERE ARE A LOT
OF GOOD EMPLOYERS OUT THERE,
WHO INVEST IN COMPLIANCE
BECAUSE THEY BELIEVE IN
FOLLOWING THE LAW, AND THEY
WILL EXPERIENCE A COMPETITIVE
DISADVANTAGE FROM THE EMPLOYERS
OUT THERE WHO THINK I'M GOING
TO GET AWAY WITH THIS.
AND I DON'T KNOW FOR EVERY
CORPORATION IS NECESSARILY A
MALEVOLENT CALCULATION OF I
WILL START STEALING PEOPLE'S
WAGES NOW BECAUSE I CAN, BUT
THE INCENTIVE THAT A COMPANY
HAS TO INVEST IN COMPLIANCE
VERSUS CUTTING CORNERS OR NOT
PAYING VERY MUCH ATTENTION TO
COMPLIANCE, ARE DRAMATICALLY
SHIFTING IN THIS MOMENT.
AND IT IS A REALLY SIGNIFICANT
THREAT TO ALL OF THE REALLY
INNOVATIVE WORKPLACE STANDARDS
THAT HAVE BEEN CREATED IN
SEATTLE.
>>> I WILL JUST SAY, WE HAVE IN
SEATTLE REALLY ONE OF THE BEST
LABOR STANDARDS AGENCIES, BUT
IT IS NOT REALLY EQUIPPED TO
FILL THE VOID THAT IS LEFT BY
THE DISAPPEARANCE OVERNIGHT OF
CLASS-ACTION LAWSUITS .
>>> I WILL MENTION BRIEFLY WITH
THE POLICY SOLUTION IS THAT
FOLKS SHOULD BE AWARE OF, AND
TALK A LITTLE BIT ABOUT SOME OF
THE THINGS THAT ARE HAPPENING
CURRENTLY.
THERE IS A BILL MOVING
CURRENTLY, IN THE ACT THAT
ESSENTIALLY DEPUTIZE HIS
WORKERS TO BRING TO COURT, THE
IDEA IS, THE WORKERS CAN'T DO A
CLASS ACTION LAWSUIT.
FOR BACK WAGES OR BE MADE
WHOLE, THE STATE STILL HAS THE
AUTHORITY TO ENFORCE THE LAW,
AND THE WEIGHT DOES THAT IS BY
ENFORCING PENALTIES.
THERE HAS BEEN ABLE POLICY IN
PLACE IN CALIFORNIA, IT
ESSENTIALLY DEPUTIZE IS WORKING
PEOPLE, THEY CAN BRING FOR
THEIR COMPLAINTS.
FIRST IF THE AGENCY DOESN'T ACT
BECAUSE OF LACK OF RESOURCES TO
TAKE ON EVERY SINGLE CASE, THE
WORKER CAN FILE A
REPRESENTATIVE ACTION IN COURT
ON BEHALF OF THE AGENCY, AND ALL
INSPECTED EMPLOYEES.
AND THE CLASS SESSION IS A
COLLECTIVE WAY FOR WORKERS TO
ENFORCE THEIR RIGHTS, THIS
PROVIDES A SIMILAR TYPE
COLLECTIVE.
SO THE STATE OF CALIFORNIA LAST
YEAR RECEIVED $88 MILLION
BECAUSE MOST OF THE MONEY
RECOVERED IN THESE KIND OF
LAWSUITS ACTUALLY GOES BACK TO
THE LABOR STANDARDS AGENCY TO
BUILD OUT THERE PUBLIC
ENFORCEMENT CAPACITY, AND A
AMOUNT GOES TO THE WORKERS.
THAT WE HAVE BEEN VERY INSPIRED
BY SEATTLE'S MODEL OF COMMUNITY
ENFORCEMENT, AND THE BILLS
MOVING IN MANY STATES TRYING TO
ADDRESS THIS, I ENCOURAGE SOME
OF THE REVENUE THAT IS
GENERATED THROUGH THIS PROCESS
TO BE EARMARKED FOR COMMUNITY
OUTREACH AND PROJECTS.
>>> I WILL BRIEFLY NOTE THAT
THIS BASIC MODEL, WITH
ENFORCEMENT, HAS BEEN IN PLACE
FOR MILLENNIA, IT WAS USED IN
THE ROMAN EMPIRE, NOT A NEW
MODEL, IT HAS BEEN USED IN THE
U.S., THE PRIMARY WAY, THAT THE
FEDERAL GOVERNMENT AND STATE
GOVERNMENTS RECOVER UNDER THE
FALSE CLAIMS ACT.
AND VERY SUCCESSFUL IN
CALIFORNIA.
ONE OF THE KEY THINGS IS THAT
COURTS HAVE RULED EVEN IF
YOU'RE COVERED BY FORCED
ARBITRATION CLAUSE, YOU CAN
STILL PARTICIPATE IN THE
WHISTLEBLOWER FRAMEWORK,
BECAUSE THE REAL OWNER OF THE
LAWSUIT IS THE STATE, AND THE
WORKERS ARE SERVING AS AN AGENT
OF THE STATE.
THE STATE HAS NOT SIGNED A
FORCED ARBITRATION CLAUSE OR
WAIVED ANY RIGHTS TO PURSUE IT.
>>> I WANT TO TALK A LITTLE BIT
ABOUT WHAT'S HAPPENING IN
SEATTLE, AND SPECIFICALLY WHAT
THE RISK IS FOR A RELATIVELY
NEW LAW, THE SECURE SCHEDULING
ORDINANCE, WITH THE RISE OF
FORCED ARBITRATION, IT APPLIES
TO WORKERS IN FOOD SERVICE AND
RETAIL WHO WORK FOR LARGE
EMPLOYERS, OVER 500 EMPLOYEES,
THESE ARE THE COMPANIES THAT
ARE MOST LIKELY TO HAVE ALREADY
FORCED THEIR WORKERS INTO
ARBITRATION CLAUSES.
AND YOU KNOW, AS FAR AS I KNOW,
THERE HASN'T BEEN A SINGLE
PRIVATE LAWSUIT BROUGHT TO
ENFORCE FUTURE SCHEDULING,
LIKELY BECAUSE FEW OF THE
COVERED WORKERS HAVE THE ABILITY
TO BRING THOSE KINDS OF
LAWSUITS ANYMORE.
AND I THINK WITH THE OFFICE OF
LABOR STANDARDS IS DONE THAT
HAS BEEN EXCEPTIONAL.
SIGNIFICANTLY.
FOR EMPLOYERS AND TECHNICAL
ASSISTANCE TO EMPLOYERS,
UNPARALLELED, AND WHAT I HAVE
SEEN.
AND ITS RESULT A LOT OF
COMPLAINTS AND I WILL SAY THAT
ONE OF THE MOST IMPORTANT PIECES
ALLOWING FOLKS THAT ARE PART
TIME SO THAT YOU CAN THEM HIRE
MORE PEOPLE, THINKING ABOUT THE
ADVANCED NOTICE COMPONENT, MANY
THAT I'VE SPOKEN TO, THE
UNDEREMPLOYMENT IN THE INDUSTRY
IS AS IMPORTANT IF NOT MORE SO.
IT IS A QUESTION OF BEING ABLE
TO PAY YOUR BILLS.
WHEN PEOPLE SEE THAT THE
EMPLOYERS ARE HIRING AND
TRAINING PEOPLE, AND THEY ARE
STUCK AT FORT AT 25 OR 15 HOURS
A WEEK, FOR PEOPLE STRUGGLING
ECONOMICALLY.
A THIRD OF WORKERS COVERED
UNDER THE ORDINANCE ARE
STRUGGLING WITH BEING
SO WHEN WE SAW THE VALUATION OF
SECURE SCHEDULING, ONE OF THE
THINGS THAT JUMPED OUT TO ME IS
THAT THERE ARE A NUMBER OF
EMPLOYERS THAT ARE COMPLETELY
IN COMPLIANCE, I ATTRIBUTE THAT
IN PART TWO TECHNICAL
ASSISTANCE AND SUPPORT THAT
WE'VE PROVIDED, TO MAKE SURE
THAT EMPLOYERS WHO WANT TO
FOLLOW THE LAW KNOW HOW TO DO
IT.
WE SAW EMPLOYERS SYSTEMATIC THE
VIOLATING THE LAW.
MANAGERS WHO REPORTED THAT I
CAN'T COMPLY, BECAUSE THERE IS
A CORPORATE POLICY THAT LIMITS
ME TO ONLY 25 HOURS PER WEEK, I
CAN ONLY MAKE TWO PEOPLE FULL
TIME AND THEN AFTER THAT
EVERYBODY HAS TO BE PART-TIME.
THIS IS THE KIND OF THING WHERE
WE WOULD BENEFIT A LOT FROM
BEING ABLE TO HAVE A HIGH-
PROFILE CASE THAT GETS A LOT OF
ATTENTION, THAT HAS SUBSTANTIAL
CONSEQUENCES FOR EMPLOYERS THAT
ARE NOT MAKING A LITTLE MISTAKE
HERE OR THERE, BUT HAVE
MAINTAINED A BUSINESS PRACTICE
THAT IS COMPLETELY AT ODDS WITH
THE POLICY OF THE CITY.
AND DOING IT WITHOUT ANY REAL
CONSEQUENCE.
SO THAT IS THE THING, THE
INABILITY TO HAVE A REALLY HARD-
HITTING ENFORCEMENT THAT SENDS
A MESSAGE TO THE WHOLE
INDUSTRY, LIKE WOW, THIS COULD
BE A RISK FOR ME IF I DON'T GET
IT TOGETHER.>>> I WILL TALK
ABOUT ONE OTHER POLICY AREA,
BUT I WILL PAUSE, ONE THING
THAT I DID NOT PUT IN THE
SLIDE, I HAVE A LOT OF SYMPATHY
THAT THE AGENCY IS IN, ALTHOUGH
RESOURCED COMPARATIVELY WELL,
HAS TO MAKE DECISIONS ABOUT HOW
THEY INVEST IN THIS PROJECT OF
CREATING A CULTURE OF
COMPLIANCE.
I THINK THAT MOST AGENCIES DO
NOT PRIORITIZE THESE KINDS OF
HIGH-STAKES ENFORCEMENT ACTIONS
THAT ARE CAPABLE OF SENDING A
STRONG REVERBERATING PUBLIC
MESSAGE TO THE ENTIRE REGULATED
COMMUNITY.
AND IT'S EXPENSIVE AND HARD TO
DO.
AND LOOKING AT ALL OF THESE
OTHER WORKERS WHO FILED
COMPLAINTS, THOSE CASES HAVE TO
WAIT, THE HIGH YIELD CASE,
THAT'S WHERE I THINK THE
PRIVATE BAR HAS TRADITIONALLY
BEEN HELPFUL IN GOING AFTER THE
BIG CASES, AND THERE ARE SOME
PLACES THAT ARE TRYING TO
EXPERIMENT WITH CONTINGENCY
ARRANGEMENTS, WHERE AGENCIES
WILL PARTNER WITH RESPECT TO
PRIVATE LAWYERS, WORK UP THIS
CASE AND BRING IT, AND WE WILL
COLLECT THE PENALTIES.
SIMILAR TO THE WHISTLEBLOWER
MODEL BUT ON AN INFORMAL BASIS.
I JUST WANTED TO SHARE SOME OF
THOSE REFLECTIONS ON HOW THE
WORKER ARBITRATION CRISIS MIGHT
BE IMPACTING SHIFT TOWARDS
COMPLIANCE.
>>> AND A NEW POLICY PROCESS
POPPING UP, WHICH IS AROUND THE
EMPLOYMENT WORLD, IN THEORY,
AND THE EMPLOYER CAN FIRE
ANYBODY AT ANY TIME, LIKE
RETALIATION, OR DISCRIMINATION,
IT ENDS UP BEING A VERY
IMBALANCED POWER DYNAMIC, WHERE
THE FEAR OF BEING FIRED, SHAVES
EVERYTHING ABOUT A WORKERS
EXPERIENCE.
LOW-WAGE, HIGH TURNOVER
INDUSTRIES, WHERE EMPLOYERS ARE
NOT INVESTING, THEY DON'T SEE
THE WORKFORCE AS FOLKS TO BE
INVESTED INTO A PART OF THEIR
PROFIT MODEL.
THEY SEE LABOR AS A COST TO BE
CONTROLLED.
WE SEE ALL THE TIME THAT PEOPLE
ARE FIRED FOR ANY REASON, NOR
REASON, NOT GIVEN AN
EXPLANATION, AND THE FEAR THAT
WORKERS FACE OF THE TIME,
KNOWING THEY CAN BE FIRED IN A
MOMENT, IS A MAJOR DETERRENT WE
THINK ABOUT BUILDING THE TRUST
THAT WORKERS HAVE TO BE ABLE TO
COME FORWARD AND ENFORCE THEIR
RIGHTS.
LARGELY A COMPLAINT DRIVEN
AGENCY.
PRIORITIZING THE COMPLAINTS
THAT ARE BROUGHT TO THEM.
AND WE CAN'T EXPECT WORKERS TO
BE BRAVE AND RISK RETALIATION
WHEN THEY CAN BE FIRED FOR ANY
REASON.
IT IS REALLY HARD TO PROVE
RETALIATION, PROVE THAT
SOMEBODY HAS BEEN DISCRIMINATED
AGAINST.
THE IDEA OF JUST CAUSE, WHAT IS
THE BURDEN, INSTEAD OF WORKERS
HAVING TO PROVE THEY WERE FIRED
FOR THE WRONG REASON, LET'S ASK
EMPLOYERS TO SHOW THEY ARE
FIRING SOMEBODY FOR A LEGITIMATE
PERFORMANCE PROBLEM OR IN THE
CASE OF LAYOFFS, OR REDUCTIONS
IN HOURS FOR A LEGITIMATE
BUSINESS REASON.
>>> ONE OF THE THINGS TO NOTE,
OF HOW EMPLOYMENT IS, THERE ARE
SO MANY ARBITRARY REASONS FOR
FIRING PEOPLE THAT REALLY ARE,
IF NOT BY LAW DISCRIMINATION,
THEY ARE CERTAINLY RACIALLY
CODED.
PEOPLE ARE TOLD YOU ARE NOT
FILING ENOUGH, OR YOUR HAIR,
YOUR NAILS, STANDARDS
NORMALIZED AROUND JOB
PERFORMANCE OFTEN CARRY A LOT
OF RACIAL PREJUDICE.
AND WHEN A LOW-WAGE WORKER, ON
THE SPOT, AFTER HAVING SPENT
YEARS IN SOME CASES,
PRIORITIZING THEIR JOB OVER
THEIR LIFE.
THE FAMILY OBLIGATIONS, TO SHOW
UP, THE THREAT OF TERMINATION
OFTEN IS USED AS A CUDGEL TO
GET EMPLOYEES TO BE LOYAL ABOVE
AND BEYOND THEIR JOB, AND
PEOPLE CAN BE TURNED AROUND AND
FIRED FOR NOTHING,
DESTABILIZING AN ENTIRE FAMILY,
YOU CAN'T MAKE RENT, I CAN'T
BUY GROCERIES, AND OFTEN UNABLE
TO ACCESS THE SOCIAL SAFETY NET.
>>> WHERE IT IS TAKING OFF, THE
PHILADELPHIA CITY COUNCIL HAS
JUST CAUSE, PARKING LOT
ATTENDANTS, LAST WEEK, THE NEW
YORK CITY COUNCIL HEARD A BILL
THAT WOULD APPLY PROTECTIONS TO
FAST FOOD WORKERS.
A LOT OF EXCITEMENT ABOUT IT,
IT GOES TO THE HEART OF CONTROL,
THAT EMPLOYERS HAVE OVER
WORKERS, AND THE ABUSE OF THAT
CONTROL.
IN THOSE SECTORS.
>> WE HAVE A FEW QUESTIONS.>> I
WANT TO SAY I THINK THE POLICY
BASIS FOR JUST CAUSE ARE WELL
ENSHRINED IN THE CITY COUNCIL
AS IT RELATES SPECIFICALLY TO
JUS CAUSE IN THE HOUSING
ARENA.
WE HAVE IS A MATTER OF POLICY A
LONG HISTORY DATING BACK TO THE
80s, OF PROHIBITING NO CAUSE
EVICTIONS, FOR TWO REASONS,
BOTH WE DON'T WANT ARBITRARY
EVICTIONS, JUST LIKE WE WOULD
NOT WANT ARBITRARY
TERMINATIONS, BUT ALSO AS YOU
MENTIONED, WE KNOW THAT IN
STANDING UP FOR ONE'S RIGHTS IN
THE HOUSING ARENA, THE FEAR OF
AN ARBITRARY EVICTION WAYS VERY
HIGH IN THE MINDS OF TENANTS.
SO I THINK THIS COUNCIL WOULD
REALLY UNDERSTAND THE POLICY
BASIS FOR SOMETHING LIKE THIS
IN THE EMPLOYMENT ARENA BECAUSE
OF THE LONG HISTORY WITH JUST
CAUSE IN EVICTIONS.
>> COUNCILPERSON LEWIS?
>> AS A PERSON WHO WENT TO LAW
SCHOOL AT BERKELEY, ONE OF MY
FIRST EXPERIENCES AS A LAW
STUDENT IN PRACTICING AND
GIVING ADVICE TO CLIENTS UNDER
THE SUPERVISION OF PRACTICING
LAWYERS WAS AT THE EAST BAY
WORKERS RIGHTS CLINIC IN THE
BAY AREA, RUN BY MIKE GATELY, I
WANTED TO ASK THE QUESTION,
FROM MY RECOLLECTION OF THAT,
IT WAS A WHILE AGO NOW, I SEEM
TO RECALL THAT THERE WAS SOME
KIND OF ORDINANCE OR LAW IN SAN
FRANCISCO COUNTY RELATED TO
HAVING A JUST CAUSE FOR
TERMINATION.
I REMEMBER THAT WE USED TO GET
EXCITED IN THE CLINIC WHEN
SOMETHING WAS THERE WHO HAD
BEEN TERMINATED IN SAN
FRANCISCO, BECAUSE WE HAD MORE
TOOLS TO PROVIDE RELIEF.
IF I'M REMEMBERING THAT
CORRECTLY, AND IF YOU COULD
MAYBE TALK ABOUT WHAT THAT
ORDINANCE ENTAILS, AND WHAT
LESSONS THERE MIGHT BE IN THE
APPROACH THAT SAN FRANCISCO WAS
TAKEN?>> I HAVE TO LOOK INTO
THAT, I'M NOT AWARE OF ANY
ORDINANCE, IT'S POSSIBLE, I
KNOW THAT THERE ARE SOME
STATUTES THAT MAY HAVE
ORIGINATED IN SAN FRANCISCO,
AND ALSO SOME IN SEATTLE IF I'M
NOT MISTAKEN, CREATING A
PRESUMPTION OF RETALIATION IF
THE TERMINATION TAKES PLACE
WITHIN LET'S SAY 90 DAYS OF OF
SOME KIND OF PROTECTED ACTIVITY.
THAT WAS SORT OF INTENDED TO
MAKE IT EASIER FOR A WORKER TO
CARRY THEIR CASE, SHOWING LOOK,
I SPOKE UP AT THIS POINT, A
MONTH LATER I WAS FIRED, THIS
IS NOT A COINCIDENCE, IT SHIFTS
THE BURDEN TO THE EMPLOYER
HAVING TO SHOW SOME OF THE
REASONS FOR THE TERMINATION.
BUT I WILL HAVE TO LOOK AND
MAKE SURE I HAVE NOT MISSED
SOME KIND OF LANDMARK LAW IN
SAN FRANCISCO THAT WE SHOULD BE
LOOKING TO.
>> THANK YOU.
>> I'M GOING TO LOOK INTO IT AS
WELL ON MY END, I DID NOT THINK
ABOUT IT DURING THE
PRESENTATION, IT REKINDLED THE
MEMORY.
I AM CURIOUS TO FOLLOW UP ON
THAT, I REMEMBER THERE BEING
SOMETHING, I DON'T KNOW THE
EXTENT TO WHICH IT APPLIES, TO
THE EXTENT IT COULD BE
INSTRUCTIVE, LOOKING AT WHAT
OTHER CITIES ARE DOING IS AN
IMPORTANT PART OF THE PROCESS.
>> DID YOU HAVE ONE MORE THING?
>> THAT WAS IT.
>> COUNCILMEMBER HERBOLD?
>> IN GOING BACK TO THE
WHISTLEBLOWER ENFORCEMENT
OPTION, ARE YOU STILL GOING
WITH THE APPROACH TO USING THIS
TOOL, CREATING SOME SORT OF A
CLASS, HOW WOULD YOU GO ABOUT
DOING THIS?>> IT IS NOT A CLASS
ACTION, IT IS CALLED A
REPRESENTATIVE ACTION.
IF THE CITY ATTORNEY OR THE
STATE AG BROUGHT AN ENFORCEMENT
ACTION, THEY ARE AUTOMATICALLY
DOING IT ON BEHALF OF THE
RESIDENTS OF THE JURISDICTION
WHO HAVE BEEN IMPACTED BY
UNLAWFUL ACTIVITY.
THEY DON'T NEED TO PURSUE CLASS
CERTIFICATION, BECAUSE THE
OBJECTIVE IS NOT TO IDENTIFY
WHO IS OWED WHAT, THE OBJECTIVE
IS TO IMPOSE PENALTIES.
THERE IS A NEED TO ASSESS HOW
MANY EMPLOYEES WERE IMPACTED
BECAUSE TYPICALLY PENALTIES ARE
ON A PER WORKER BASIS, A BIGGER
COMPANY WILL PAY MORE IN
PENALTIES BECAUSE YOU HAVE MORE
EMPLOYEES.
THE IDEAS THAT ONE WORKER COULD
úCOME FORWARD AND IDENTIFY
NONCOMPLIANCE, PROVE THE CASE,
PROVE THAT IT HAS IMPACTED THE.,
AND WE OFTEN SEE THAT THERE ARE
FOLKS WHO ARE AFRAID OF
RETALIATION, PARTICULARLY WITH
THESE SUPER AGGRESSIVE
ACTIVITIES, HAVING A PERSON WHO
IS A CITIZEN COME FORWARD ON
BEHALF OF ALL OF THEIR
COWORKERS, WHO MIGHT BE
UNDOCUMENTED OR HAVE A
DOCUMENTED FAMILY MEMBERS, AND
THE BEST WAY TO DO THIS IS TO
ALLOW WORKERS TO IDENTIFY A
TRUSTED ORGANIZATION, A UNION,
OR A LEGAL CLINIC OF SOME SORT
TO BRING FORWARD THE CLAIM, AND
IN THAT CASE THE AGENCY WOULD
BE AWARE OF THE IDENTITY OF THE
PERSON WHO IS COMING FORWARD,
THEY WOULD BE PROTECTED AS FAR
AS THAT.
>> IN THE TYPE OF WORKER WE
WOULD WANT TO TRY TO IDENTIFY
WOULD BE A NONREPRSENTATIVE
WORKER WHO HAS THE CLASS
COLLECTIVE WAIVER IN THEIR
CONTRACT, IS THAT CORRECT?
>> ANYONE CAN COME FORWARD,
THEY DON'T NEED TO HAVE A
WAIVER, WHAT WE ARE SEEING IN
CALIFORNIA IS THAT THEY HAVE
ONE OF THE HIGHEST RATES OF
CLASS-ACTION WAIVERS AND
ENFORCED ARBITRATION IN THE
COUNTRY, AND WORKERS HAVE BEEN
RELYING ON THIS MECHANISM IS AN
ALTERNATIVE WAY TO GET INTO
COURT TO PROVIDE ACCOUNTABILITY
FOR THEIR EMPLOYERS, BUT NOT
RESTRICTED TO THOSE FOLKS,
ANYONE CAN BRING IT.
>> I DIDN'T MEAN TO SUGGEST IT
IS RESTRICTED, BUT GIVEN THE
CONTEXT OF THAT THE STRATEGY
WAS PRESENTED TO US, AND THAT
IT WAS IDENTIFIED AS AN
ENFORCEMENT STRATEGY THAT FOLKS
WHO HAD WAIVERS COULD USE, I'M
JUST SUPPOSING THAT WOULD BE A
GOOD WAY TO GO FOR THOSE KINDS
OF WORKERS?
>> ABSOLUTELY.
>> ANY ADDITIONAL QUESTIONS OR
COMMENTS, BOTH TO RACHEL AND
REBECCA, WE ARE APPRECIATIVE OF
YOUR INFORMATION, AS EXPERTS IN
THIS ARENA, AND PEOPLE WHO HAVE
HELPED TO PASS SOME OF OUR
STRONG LABOR PROTECTION
STANDARDS IN SEATTLE, WE WILL
BE LOOKING TO YOU BOTH TO HELP
US AS WE THINK ABOUT THE FUTURE
OF WORK, AND WE WILL TRY TO
DROP THE GIG FROM THE GIG
ECONOMY CONVERSATION, AND JUST
PROTECT WORKERS IN THE NEW
ECONOMY, AS IT IS CLEARLY NOT
CONFINED TO ONE SECTOR.
IT WILL BE ON THE AGENDA FOR
THE NEXT FEW MONTHS AS WE THINK
ABOUT WHERE WE WOULD LIKE TO
TAKE THIS CONVERSATION 2020.
WE WILL TALK TO UNION FRIENDS,
WORKERS DIRECTLY AND EMPLOYERS
AS WELL.
TO OUR NATIONAL PARTNERS, WE
GREATLY APPRECIATE YOUR HELP ON
THIS, AND WE ARE READY, AS YOU
CAN HERE, AND EXCITED TO TAKE
ANY IDEAS AND SUGGESTIONS YOU
HAVE.
I AM LOOKING AT PHILADELPHIA
AND NEW YORK'S JUST CAUSE
LEGISLATION THAT THEY'RE
WORKING ON.
LOVE TO SEE THAT AT THE STATE
LEVEL, TO OUR FRIENDS IN THE
LEGISLATURE WHO ARE
LISTENING.>>> THANK YOU, AS YOU
IDENTIFIED, A LOT OF WAYS WE
CAN CONTINUE TO EXPAND WHAT WE
HAVE DONE HERE IN SEATTLE, OUR
TEAMS ARE VERY EXCITED ABOUT
THESE EFFORTS.
ANY OTHER CLOSING COMMENTS?
OKAY.
SEEING NONE, THANK YOU FOR
JOINING US VIA SKYPE, AND FOR
SOAKING ALL OF THIS IN FOR US
WAS CENTRAL STAFF, WE WILL NEED
TO DO WORK WITH YOU AT THE
HELM.
>>> THE NEXT COMMITTEE MEETING
WILL BE TUESDAY, MARCH 3, 9:30
AM, WE WILL FILL IN THE REST OF
THE AGENDA AND SEND IT AROUND
TO YOU, WE WILL HAVE THE
APPOINTMENTS THAT WE HEARD
TODAY, THE FOLKS FROM THE
DOMESTIC WORKERS STANDARDS
BOARD, AND FOLLOW-UP
LEGISLATION FOR YOU ON RENT
BIDDING, SOME ACTION IS
REQUIRED THIS YEAR.
LOOKING FORWARD TO BRINGING
THAT FORWARD AND YOU SHOULD
HAVE A COPY SOON.
>>> THAT IS IT FOR TODAY, IT IS
3:30 7 PM, GOODBYE.