I’ve Read the Government’s Arguments to Screw Amazon Workers and I’m Furious

[eridani]

http://www.dailykos.com/story/2014/10/10/1335670/-I-ve-Read-the-Government-s-Arguments-to-Screw-Amazon-Workers-and-I-m-Furious

There’s a monumental case at the Supreme Court that has got me obsessed, bewitched, enraged and mildly despondent. Technically, it’s called Integrity Staffing v. Busk. It actually is Amazon v. Amazon’s warehouse workers. (Integrity Staffing is the subcontractor stooge hired by Amazon to employ its warehouse workers).

After Amazon workers finish a 12 hour shift in which they can run an average of 10 miles on concrete, they are required to go through a security screening at the warehouse exit. The screening lanes are understaffed and the wait is often 25 – 35 minutes. The workers are not paid for the wait or the screening time. The workers sued to get paid for the long wait. Integrity Staffing (for ease of understanding I’m going to call Integrity Staffing, alone and with Amazon, “Amazon” in this post) moved to dismiss the case and won. Later, a panel of judges disagreed, saying that, yes, the workers could have a claim and deserve a day in court. Now, Amazon has appealed, arguing that the workers are not entitled to money.

...it is a tragedy that our government — led by a Democrat — is pushing an illogical, cruel and degrading argument that 5% of a worker's time is so dispensable as to not be compensable.

To the surprise and outrage of most progressives, the Obama administration has come out forcefully against the workers, arguing that going through long security lines is not something for which they should be paid.

I have read the Amicus Brief — it is dreadful. I have annotated it, so you can take a look at bad lawyering and worse policy. You can find my annotated brief here. I Promise: you won’t have to read lawyer language. I translated it and included my comments (apologies for the profanity). I have been so enraged by the Obama involvement with this case, I did my show on it, I made an ugly infographic about it, I annotated the Obama Amicus Brief and I wrote this explanation of the case and why it makes me so damned mad.

If you can’t read any longer, here is what I want you to realize: It is bad enough that someone with power is arguing that bosses don't have to pay for time and chores that are outside the scope of the job when they ordered those chores and could make them go quicker. But, it is a tragedy that our government — led by a Democrat — is pushing an illogical, cruel and degrading argument that 5% of a worker's time is so dispensable as to not be compensable.

[Le Taz Hot]

1. Remember when Democrats used to support Labor?

I do. (sigh)

[Dustlawyer]

61. They no longer need labor's money, or Trial Lawyers for that matter, they have corporate $ now too!

[TheFrenchRazor]

73. you are correct. nt

[cali]

2. wtf??? I knew about this case but I didn't know about the admin's position on it.

that's just fucked up.

[cali]

3. wow. just read the entire dkos post. this is such a betrayal

by the administration. As someone in the thread pointed out, this amounts to 3 weeks a year of time that they are required to be there (in the security line) by the employer and yet not paid. It's not like they can opt out of the security check. It's required.

I'm going to kick the hell out of this thread. thanks for posting this.

[Shemp Howard]

22. The entire dkos post is a must-read!

I too read the entire dkos post. I found it refreshing how previous Supreme Court rulings have come down on this issue: solidly on the side of labor.

I'm guessing that the administration could have just sat this one out. Why did they have to get involved on Amazon's side?

The author of the dkos post suspects it's because the same person owns both Amazon and the Washington Post. So it's an attempt to curry favor with a powerful newspaper.

I sure hope that's not true, and the author is missing something.

[littlemissmartypants]

81. Don't nobody mess with the WOPO.

Not even the POPO.

~ littlemissmartypants 🙆

[nationalize the fed]

4. "To the surprise and outrage of most progressives"

How could anyone paying attention be surprised?

He bailed out "too big to fail" banks on the back of the middle class
His head honcho in the Senate had single payer advocates arrested
He claims to have the right to assassinate Americans any time he chooses

etc, etc etc.

The "left" has been had by a con man and it hasn't begun to sink in.

He says himself that his policies are Republican:

[MontyPow]

7. I have to call foul on the bailouts. They originated under Shrub.

[cali]

12. and continued under who, exactly? do tell.

[merrily]

13. Obama okayed the second half of TARP.

Bush shrewdly said he would not release the second half unless President Elect Obama okayed it. He did.

[obxhead]

5. But Obama is just soooo dreamy.

You're just mad about a pony.

Isn't that what all the cool kids are going to come tell us about the most progressive President ever.

Obama is going to cost dems for decades by governing as a far right President while campaigning as a left of center Democrat.

[cali]

6. those who unquestioningly support the President and howl with outrage

whenever a policy of his administration is criticized, tend to avoid threads like this one and hope they just sink unnoticed.

[MontyPow]

8. Nobody is perfect. Not even presidents

[cali]

11. Who is asking for perfection? Not I, not even close.

I am asking the President to stand up for workers who are losing- as HE has stated recently- in this economy?

Oh, don't tell me, you have no problem with this position.

[MontyPow]

34. I do have a problem with his position.

But he is distinct from me, and can hold positions different from my own.

[cali]

40. Of course, but should we just be silent in the face of it and not criticize?

that make exactly zero sense.

[MontyPow]

43. You pick your battles.

We knew the Democratic Party wasn't going to go to the mat for labor when Card Check vanished in thin air and we knew the President wasn't going to go to the mat for labor when he couldn't find his walking shoes for Wisconsinites.

I think we should move on to fights we can still win.

I'm not saying you shouldn't be vocal, I'm just saying it's just not going to matter.

[cali]

53. so do tell what battles you've chosen. Just what do you think is important enough?

He should be called out on his hypocrisy here. period.

[MontyPow]

74. I called him out on his hypocrisy in 2012.

Doing so now is like closing the barn door after the horses have already left.

[Cal Carpenter]

41. So nice that this is totally abstract for you. For thousands of workers this is REAL

This is the conditions under which they work. This is the precious time these low-wage workers have. Forced to wait in a line (due to suspicion of a crime they haven't committed, nonetheless) for hours every week UNPAID.

But as long as you can abstract it away to some intellectual issue, and make it more about one powerful person rather than the thousands of powerless workers, it apparently ain't no big deal.

Must be nice.

[MontyPow]

44. In this country, one powerful person does have more power than thousands of powerless workers.

Perhaps you didn't notice, but last week three hundred thousand plus citizens rallied against global climate change ignorance.

You wouldn't know about it listening to of reading from traditional outlets. Today, it is as if it never happened.

This President is six years into his term, I think our energies are best spent focusing on the midterms and then finding a way to elect Bernie Sanders in 2016.

This is not abstract for me. My wife belongs to a union, my daughter desperately needs a teachers union in Arizona. I walked my dad's picket line when his teachers union struck in the late seventies.

I just think it is lost cause to change minds this late in the game. I'm just focusing my energies elsewhere.

[DiverDave]

21. How about telling the truth? How

about working for me and MINE?? like he promised??
Yes he had a tough congress, but to fold at the first hint of adversity...
I voted for him twice, damnit. SANDERS!
Not a chance unless people wake up.

[MontyPow]

36. No President keeps all promises. And, sadly, some promises are politically expedient.

This is not news. Romney's advisor spoke some accidental truth when he blurted out etch-a-sketch. But all politicians campaign differently than the govern, evenly differently than they campaign to the base.

[WinkyDink]

58. What a completely meaningless grouping of words.

[MontyPow]

63. Read my responses who had something meaningful to contribute.

[woo me with science]

79. Yup.

Kick.

[MontyPow]

9. He's not the first and he won't be the last

[progressoid]

10. Our government — led by a Democrat, turned it back on labor a long time ago.

But as is often pointed out. Who else are we laborers going to support?

In terms of labor issues, we have to go with the less stinky pile of shit.

[merrily]

14. ....

http://en.wikipedia.org/wiki/Working_Families_Party ?

[littlemissmartypants]

68. Interesting. Thanks, merrily. nt

[merrily]

76. Welcome. I don't vote that ticket myself, but it is union backed and does often

put the Democratic candidate on its ticket.

The theory seems to be if they see how many workers vote for them-and the separate ticket supposedly shows them that--then they will be more responsive to workers. I don't know if I buy it, but it is a different approach.

[Chan790]

78. It has its benefits.

They've successfully used their nominating here in CT to shelve some fairly-terrible anti-labor policy from DLC-aligned Democrats by threatening to run their own nominee instead of cross-nominating if cross-nominating Democrats isn't going to do anything to keep those Democrats from trying to bust unions and screw workers once elected.

[merrily]

80. Glad to hear it. If nothing else, I guess voting for a Dem on that ticket

helps give unions more clout.

[Savannahmann]

15. What would you prefer?

Would you prefer that a Romney or McCain administration be the ones writing that brief for the Courts?

[F4lconF16]

23. I don't understand this type of post.

We are actively being betrayed by people that we elected to help us, to represent us, and the best reply you've got is "Hey, we could be getting screwed over twice as hard, so this doesn't really matter"?

I'm done with this attitude. All it gets us is further down the insane conservative rabbit hole.

Not all Democrats are progressives. Might be a good time to stop supporting them when they show their true colors.

[SammyWinstonJack]

28. Thank you!

[mythology]

37. In this case, I'm not sure how that would be any different

Unless you think that Romney or McCain would have made the workers pay monetarily for the screening themselves in addition to not paying the workers for the time.

I'm an Obama supporter, but this is the wrong call.

[Savannahmann]

42. Sorry

This is what the BOG dwellers always write, and since none of them were around this morning, I thought I'd try and help out. You see, whenever someone posts a story about how the Administration did something that seems wrong to us our here in the real world, the BOG type of folk always rush out and ask how much worse it would be if the Republican had won. I guess I did it wrong. My mistake.

[Jackpine Radical]

59. Yeah, your sarcasm was missed.

I got it, but it took a couple of readings.

[cali]

38. yikes. seriously? that's the best you can come up with?

in your mind that McCain or Romney would have done the same thing only maybe written an even worse rationale in a brief is an excuse for this position?

[Savannahmann]

39. Sorry

I thought this is what we are supposed to write to excuse the actions of the administration. I mean, it's what the dwellers of the BOG always write no matter what is done.

[djean111]

49. Sorry I did not catch the sarcasm.

You are correct, it is what is used to excuse, and is totally pointless.

[Savannahmann]

50. Don't sweat it.

I probably should have tagged it as such, or perhaps added the BOG explanation to the original reply. Live and learn.

[a2liberal]

60. Poe's Law

http://en.wikipedia.org/wiki/Poe%27s_law

[littlemissmartypants]

69. Thanks. nt

[littlemissmartypants]

82. I want the pony obxhead mentioned up thread.

[Scuba]

16. Where's the "I will defend Obama no matter what he does" crowd?

[djean111]

26. Oh, there is already a "well, would you prefer Romney" reply. Totally pointless, but hey.

[Hissyspit]

46. He was being sarcastic.

[djean111]

48. Thank you. Sincerely.

Because that well, Romney/McCain/whatever thing is just so stupid. It didn't happen.

[brewens]

17. The first time I was piss tested at work I had to go the next morning to this outfits

office. I got there early but a couple other people had the same idea. I start out third in line and in a few minutes, two more people came in. The just had one guy working there doing everything but you could see two more work stations and they had two bathrooms to use so the place was set up for maybe four or five staff.

I had to wait 20 minutes or so to even get started. I was nice but once it was my turn I let the guy know I wasn't too happy about being forced to be there in the first place and then having to wait because they were understaffed. I'd also been rabble rousing, trying to get the other people waiting to raise hell about it too.

The name of the firm escapes me now. I knew the who the head of it was at the time and that he and his partners had lobbied heavily in our state to get drug testing legislation passed and get the contracts to allow them to set up their testing sites all over. Then of course because it's mandatory, they can get away with sticking one low paid guy in there and charge a fortune.

To my bosses credit, they were pissed off too. Federal DOT regulations had forced them to random test some employees but it was one of the breweries that mandated everyone be tested. That's when I got sucked into it.

I was a stoner and tried to "flush", drinking massed quantities of water before I went in. My results came back and though it was negative, they said the specimen was found to be diluted and recommended I be tested again with instructions not to consume large amounts of liquid beforehand. My boss called bullshit. He said, "negative is negative as far as I'm concerned" and filed it! He knew, but he didn't give a shit if I smoked or not.

That testing outfit got busted for some kind of scam before too long anyway. As far as I know, everyone just goes to a hospital or clinic to get DOT and pre-employment screenings done in my state now.

[Raster]

18. wrong, wrong, wrong! The warehouse worker's time is just as valuable...

...as anyone else's. Required to complete your 30 minute "screening" on your own time is robbery. This should be a case where our government is solidly on the side of the worker.

[whistler162]

25. If one agrees with the goverments brief

the screening doesn't fit the law as it currently stands. Here is a link to the brief.

http://www.chamberlitigation.com/sites/default/files/scotus/files/2013/US%20Amicus%20Brief%20Supporting%20Petitioner%20--%20Integrity%20Staffing%20v.%20Busk%20%28U.S.%20Supreme%20Court%29.pdf

[Nuclear Unicorn]

19. I'm sure if the employees wasted 5% of the contractor's time by showing up

a half hour late it would be severe enough to merit termination.

[F4lconF16]

24. +1

I think this sums it up nicely. Corporations are far more important and have more rights than people (we moved past corporations are people a while ago).

[RKP5637]

20. Often, R=D=$$$$$. If loss of $ is involved, my observation is D generally sides with R. - Voting?

I vote, but not happily. Workers' rights in the US are now often a farce. The US is no longer about "we the people," but rather "we the monied." Too many of the majority are still in denial.

[SammyWinstonJack]

27. rec

[mainer]

29. Amazon screws its workers -- and not just in its warehouses. Link.

Amazon acquires the Washington Post ... and promptly cuts pensions.

http://www.washingtonpost.com/business/economy/washington-post-announces-cuts-to-employees-retirement-benefits/2014/09/23/f485981a-436d-11e4-b437-1a7368204804_story.html

[99Forever]

30. No surprise to me.

It has been clear for a very long time that TPTB in the Democratic Party and the Obama Administration in particular, care fuckall about us working people, for anything other than our votes. Hillary Clinton is more of the same on steroids.

My support and votes are made accordingly.

[MannyGoldstein]

31. Why would anyone worry about Democrats being unenthusiastic in November?

[CrispyQ]

32. Starve the beast. It's the only way.

Is there any corporation that treats their employees like valued members of the company? I know there are, but they are the exception, not the rule.

[Nye Bevan]

33. Yeah, I like Amazon but I don't support them on this issue,

and I am surprised that the Obama administration does.

[leftstreet]

35. DURec

[irisblue]

45. What the Hell?

the time of those people is valueless? F that.

[TheKentuckian]

47. Fucking pitiful

[daredtowork]

51. People have died in Amazon Warehouses

The warehouses represent an utter failure to protect labor in the U.S., and there needs to be union uprising there now.

Furthermore read this article:
http://www.newrepublic.com/article/119769/amazons-monopoly-must-be-broken-radical-plan-tech-giant

In conjunction with this article:
http://www.pbs.org/newshour/making-sense/sharing-economy-great-consumers-cost-workers/

And imagine your future in a gig economy that has been largely reshaped by Amazon's economic imperatives. This is a company that has yet to turn a profit - their strategies will only become more "lean" and driven by the smallest margins of profit. And they will continue to gobble up more and more of the online shopping space. Amazon is the WalMart of the Internet.

Meanwhile, as most vendors are forced to crawl to Amazon and make pennies for it, Bezos cherrypicks the elite to reinforce their internal networking at a super-exclusive "campfire" event:

http://www.nytimes.com/2014/09/21/technology/a-writerly-chill-at-bezos-fire-.html

The Little People are told we are "networking" when we meet up with other unemployed people for weekly "job clubs" sponsored by our local civic employment initiatives. Le sigh.

Fight the Amazon Warehouses now. Before they become Amazon Workhouses and you are forced into one.

[littlemissmartypants]

70. Indeed. eom

[cantbeserious]

52. So Much For Hope And Change

eom

[BlueJazz]

54. I am extremely disappointed in the "Call" on this one. I've given this administration a pass so...

.... many times, I feel like I'm REALLY playing Monopoly.

[Babel_17]

55. If, after being in government, officials had to give up 4% of the time they served ...

If, after being in government, officials had to give up 4% of the time they served so as to be grilled and investigated so as to ensure they hadn't acted in malfeasance of their duties, it might be found to be unconstitutional to not pay them for their time.

Though, yes, sometimes a good and honest public servant does get roasted by having to hire a lawyer and come back to Washington D.C. to testify. When it happens to a dem, we rightly protest, and often some assistance is organized.

Well, these workers are getting roasted, participating in a thread here is the least I can do.

[Teamster Jeff]

56. GOTV!!!!

?w=300&h=200&crop=1

[whereisjustice]

57. There is power in a union...

"And understand this: If American workers are being denied their right to organize and collectively bargain when I'm in the White House, I'll put on a comfortable pair of shoes myself, I'll will walk on that picket line with you as President of the United States of America. Because workers deserve to know that somebody is standing in their corner."

Was this another one of those things that politicians say to trick the public into voting for them?

Well, fuck us.

[99Forever]

62. Yes, friend, that's exactly what it was.

Some of us call that lying. The rest are fools and tools.

[dgauss]

64. I remember being at the protests in Madison before Scott Walker's recall election.

Walker had dismantled union collective bargaining rights. The very thing your quote is referring to. So naturally some people were a little perplexed that Obama never showed up in those walking shoes.

When that that same quote was brought up here on DU, and the question was raised, "WTF?", the posts rationalizing his no show popped up like mushrooms in a field of Donkey shit.

That was a wake up moment for a lot of people here in Wisconsin. There was a strategic calculation made by the administration and progressives here got a clearer idea of our value in that equation.

[BrotherIvan]

65. HAHAHAHAHAHAHAHAHAHAHAHA!

That's a good one. The BOG will be here shortly to remind you that you weren't listening and just dreaming about ponies and of course all the serious adult people knew he was center right and loved Reagan but the most liberal president ever!

Here, don't worry about that, look at this picture of Bo instead

[littlemissmartypants]

71. Thanks Bobama. nt

[blkmusclmachine]

66. Look, Obama is a Reagan Republican. He's so much as admitted it publicly himself. Don't expect any

of his Republican beliefs to have changed, just because he woke up one morning and decided to run for President, and knew he couldn't get there with an (R) after his last name. Obama's (D) is/was for political expediency ONLY. Sure he lied about all those things he said he stood for. But, man, HE WAS RUNNING FOR PRESIDENT!!!


Fooled ya - TWICE!

[KoKo]

67. It was disappointing that Government came in with Amicus Brief...on that.

I read it over at Huff Po yesterday and found it hard to believe that they would do that when Obama is out there stumping for higher wages. But, Jeff Bezos may have contributed heavily to Dems and Obama. So, they do what they have to do for the money... sadly. It does seem like "double speak." And, if the Supremes pass it the consequences for workers could go further. It could open the door for other reductions of wages for simple things...some examples were cashiers tallying up days receipts might not be paid for that as that isn't work but, clean up. Anything not involved in active working could be subject to pay docks. Even bathroom breaks or work breaks for snacks.

[littlemissmartypants]

72. Highway robbery while standing in line.

Oh, the F N irony. Thanks for your post, eridani. Very interesting thread.

~ Lmsp 🙌

[Jim Beard]

75. Can we do

a Whitehouse petition thing?

[woo me with science]

77. Here we go again.

If we have learned nothing else by now, it is that there is a difference between Democrats and corporate Democrats.

Let's not get fooled again.