1. TEMPORARY WORKER RIGHTS CAMPAIGN Richard Rabin, MSPH Massachusetts Coalition for Occupational Safety and Health (MassCOSH ) Rick.rabin@masscosh.org

2. Presenter Disclosures (1)The following personal financial relationships with commercial interests relevant to this presentation existed during the past 12 months: Richard Rabin No relationships to disclose”

3. Non profit membership coalition organizing and advocating for safe, healthy working conditions since 1976 www.masscosh.org Immigrant Worker Center formed in 2006 to use OSH strategies in organizing most vulnerable workers

4. Workers Unaware of OSHA by Place of Origin Place of Origin Never Heard of OSHA United States (471) 41% Puerto Rico (101) 68% Other Country (834) 75% All patients (1,406) 63% Source, Occupational Health and CHC Patients, MDPH, 2007

5. Workers Unaware of Workers’ Compensation, by Place of Origin Place of originNever Heard of W.C. United States (483) 15% Puerto Rico (101) 42% Other country (838) 52% All patients (1,422) 39% Source, Occupational Health and CHC Patients, MDPH, 2007

6. TEMPS IN THE WORKFORCE In US Workforce, 2010 27% of jobs created were temp 90% of companies had used temp labor

7. TEMPS IN THE WORKFORCE Massachusetts Growth of temp agencies 1963: 20 2008: 941 ⅓ of temp workers: low-wage industrial, commercial (~ 25,000) Large, growing % are immigrants (most)

8. TEMPS IN THE WORKFORCE Occupations Janitors/cleaners Shippers/receivers Construction workers Manufacturing workers Warehouse workers Landscapers

9. TEMP WORKING CONDITIONS Lack of benefits: health insurance, sick time, vacation, pension Vulnerable: language, undocumented Underground economy

10. TEMP WORKING CONDITIONS Underground Economy Unregistered, informal companies Lack of workers’ compensation Paid in cash Wage & hour violations, incl. wage theft

11. TEMP WORKING CONDITIONS Underground Economy (cont’d) Hazardous; noncompliance with health/safety regulations Job misclassification: employees => subcontractors Target of Massachusetts “Joint Enforcement Task Force on the Underground Economy and Employee Misclassification”

12. TEMP WORKING CONDITIONS Lack of information Name, contact information of temp agency Name, contact information of worksite employer Workers’ compensation carrier, rights Wages, working conditions RESULT: inability to enforce rights in case of injury/wages issues

13. RETALIATION “As a worker, I know what it is like to work through a temp agency where they do not tell you about your workers’ rights, and if you try to speak about your rights you are at risk of getting fired or being put on a black list.”

14. Case Study – Wage & Hour Violations Patricia, young Salvadoran Temp agency at unmarked office, van Told to write 7 (non-existent) dependents on tax form Not told hourly wage

15. Case Study – Wage & Hour Violations (cont’d) Work at printing company, cleaning in-laden machines (no gloves, uniform) Transportation to worksite Over-crowded van Paid $35/week Wait for up to 4 hours after work for return ride (in the cold)

16. Case Study – Health and Safety Waste recycling company José, recruited by temp agency over the phone No warning about handling of hazardous, unsanitary refuse material No notice that vaccinations needed until arrived at work

17. Case Study – Health and Safety (cont’d) Waste recycling company No PPE “sick” – José and others Workers fired after complaining of unsafe work conditions

18. TO SUM UP: The company is simply elated with the way you handled that dangerous job nobody wanted so we’re giving you another one!

19. The REAL Coalition Unions AFL-CIO/CLCs Community groups Legal associations Management/ labor org Faith

20. Reform Employment Agency Law (REAL) House Bill #1393 Requires temp agencies to provide written notice of key details of job assignments Gives state regulatory authority over temp agencies Regulates fees charged to worker Temp Worker’s Right to Know Bill

21. Inside Strategy: Legislative advocacy

22. Outside Strategy: Organize against bad actors/ Temp agency code of conduct

24. Visibility / Media attention / Base-building Challenge of Temp Industry in 21 st Century Labor Markets

25. BOSTON GLOBE Temp workers, advocates lobby for better safeguards By Megan WoolhouseMegan Woolhouse | GLOBE STAFF AUGUST 07, 2014 Share via e-mail August 7, 2014 Flor Rivillas recently testified about temp agencies that violated state laws. Flor Rivillas went to work every day, but she had no idea where. An anonymous white van took her from her apartment in Chelsea to a factory at an undisclosed location, where she worked 16-hour shifts packaging and hauling books and boxes.

26. Signed into law August 6, 2012 Took effect January 31, 2013

27. TEMP WORKER RIGHT TO KNOW LAW Required information for worker staffing agency’s name, address and phone number; job pay rate and pay date; whether any meals or transportation will be provided by the staffing agency or worksite employer;.

28. MASS. TEMP WORKER RIGHT TO KNOW LAW Required information for worker Any required special clothing, tools, licenses, or training; Name, address, and phone number of the worksite employer Workers’ compensation carrier

29. ENFORCEMENT & FOLLOW-UP Educating workers – visiting pick-up sites and temp agency offices Educating temp agencies – visiting offices Reporting “bad actors” to MA DLS DLS initial inspections – 21/48 compliant; subsequently all compliant