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    For Disabled Workers, a Tight Labor Market Opens New Doors

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    With Covid prompting more employers to consider remote arrangements, employment has soared among adults with disabilities.The strong late-pandemic labor market is giving a lift to a group often left on the margins of the economy: workers with disabilities.Employers, desperate for workers, are reconsidering job requirements, overhauling hiring processes and working with nonprofit groups to recruit candidates they might once have overlooked. At the same time, companies’ newfound openness to remote work has led to opportunities for people whose disabilities make in-person work — and the taxing daily commute it requires — difficult or impossible.As a result, the share of disabled adults who are working has soared in the past two years, far surpassing its prepandemic level and outpacing gains among people without disabilities.

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    Share employed, change since Jan. 2020
    Note: Includes workers between 18 and 64 years old. Data is not seasonally adjusted.Source: Current Population Survey, via IPUMSBy The New York TimesIn interviews and surveys, people with disabilities report that they are getting not only more job offers, but better ones, with higher pay, more flexibility and more openness to providing accommodations that once would have required a fight, if they were offered at all.“The new world we live in has opened the door a little bit more,” said Gene Boes, president and chief executive of the Northwest Center, a Seattle organization that helps people with disabilities become more independent. “The doors are opening wider because there’s just more demand for labor.”Samir Patel, who lives in the Seattle area, has a college degree and certifications in accounting. But he also has autism spectrum disorder, which has made it difficult for him to find steady work. He has spent most of his career in temporary jobs found through staffing agencies. His longest job lasted a little over a year; many lasted only a few months.This summer, however, Mr. Patel, 42, got a full-time, permanent job as an accountant for a local nonprofit group. The job brought a 30 percent raise, along with retirement benefits, more predictable hours and other perks. Now he is thinking about buying a home, traveling and dating — steps that seemed impossible without the stability of a steady job.“It’s a boost in confidence,” he said. “There were times when I felt like I was behind.”Mr. Patel, whose disability affects his speech and can make conversation difficult, worked with an employment coach at the Northwest Center to help him request accommodations both during the interview process and once he started the job. And while Mr. Patel usually prefers to work in the office, his new employer also allows him to work remotely when he needs to — a big help on days when he finds the sensory overload of the office overwhelming.“If I have my bad days, I just pick up the laptop and work from home,” he said.Workers with disabilities have long seen their fortunes ebb and flow with the economy. Federal law prohibits most employers from discriminating against people with disabilities, and it requires them to make reasonable accommodations. But research has found that discrimination remains common: One 2017 study found that job applications that disclosed a disability were 26 percent less likely to receive interest from prospective employers. And even when they can find jobs, workers with disabilities frequently encounter barriers to success, from bathroom doors they cannot open without assistance to hostile co-workers.The State of Jobs in the United StatesEconomists have been surprised by recent strength in the labor market, as the Federal Reserve tries to engineer a slowdown and tame inflation.September Jobs Report: Job growth eased slightly in September but remained robust, indicating that the economy was maintaining momentum despite higher interest rates.A Cooling Market?: Unemployment is low and hiring is strong, but there are signs that the red-hot labor market may be coming off its boiling point.Factory Jobs: American manufacturers have now added enough jobs to regain all that they shed during the pandemic — and then some.Missing Workers: The labor market appears hot, but the supply of labor has fallen short, holding back the economy. Here is why.Workers with disabilities — like other groups that face obstacles to employment, such as those with criminal records — tend to benefit disproportionately from strong job markets, when employers have more of an incentive to seek out untapped pools of talent. But when recessions hit, those opportunities quickly dry up.“We have a last-in, first-out labor market, and disabled people are often among the last in and the first out,” said Adam Ozimek, chief economist at the Economic Innovation Group, a Washington research organization.Remote work, however, has the potential to break that cycle, at least for some workers. In a new study, Mr. Ozimek found that employment had risen for workers with disabilities across industries as the labor market improved, consistent with the usual pattern. But it has improved especially rapidly in industries and occupations where remote work is more common. And many economists believe that the shift toward remote work, unlike the red-hot labor market, is likely to prove lasting.More than 35 percent of disabled Americans ages 18 to 64 had jobs in September. That was up from 31 percent just before the pandemic and is a record in the 15 years the government has kept track. Among adults without disabilities, 78 percent had jobs, but their employment rates have only just returned to the level before the pandemic.“Disabled adults have seen employment rates recover much faster,” Mr. Ozimek said. “That’s good news, and it’s important to understand whether that’s a temporary thing or a permanent thing. And my conclusion is that not only is it a permanent thing, but it’s going to improve.”Before the pandemic, Kathryn Wiltz repeatedly asked her employer to let her work from home because of her disability, a chronic autoimmune disorder whose symptoms include pain and severe fatigue. Her requests were denied.Ms. Wiltz’s new job allows her to work from home permanently.Sarah Rice for The New York TimesWhen the pandemic hit, however, the hospital in Grand Rapids, Mich., where Ms. Wiltz worked in the medical billing department sent her home along with many of her colleagues. Last month, she started a job with a new employer, an insurance company, in which she will be permanently able to work remotely.Being able to work from home was a high priority for Ms. Wiltz, 31, because the treatments she receives suppress her immune system, leaving her vulnerable to the coronavirus. And even if that risk subsides, she said, she finds in-person work taxing: Getting ready for work, commuting to the office and interacting with colleagues all drain energy reserves that are thin to begin with. As she struggled through one particularly difficult day recently, she said, she reflected on how hard it would have been to need to go into the office.“It would have been almost impossible,” she said. “I would have pushed myself and I would have pushed my body, and there’s a very real possibility that I would have ended up in the hospital.”There are also subtler benefits. Ms. Wiltz can get the monthly drug infusions she receives to treat her disorder during her lunch break, rather than taking time off work. She can turn down the lights to stave off migraines. She doesn’t have to worry that her colleagues are staring at her and wondering what is wrong. All of that, she said, makes her a more productive employee.“It makes me a lot more comfortable and able to think more clearly and do a better job anyway,” she said.The sudden embrace of remote work during the pandemic was met with some exasperation from some disability-rights leaders, who had spent years trying, mostly without success, to persuade employers to offer more flexibility to their employees.“Remote work and remote-work options are something that our community has been advocating for for decades, and it’s a little frustrating that for decades corporate America was saying it’s too complicated, we’ll lose productivity, and now suddenly it’s like, sure, let’s do it,” said Charles-Edouard Catherine, director of corporate and government relations for the National Organization on Disability.Still, he said the shift is a welcome one. For Mr. Catherine, who is blind, not needing to commute to work means not coming home with cuts on his forehead and bruises on his leg. And for people with more serious mobility limitations, remote work is the only option.Many employers are now scaling back remote work and are encouraging or requiring employees to return to the office. But experts expect remote and hybrid work to remain much more common and more widely accepted than it was before the pandemic. That may make it easier for disabled employees to continue to work remotely.The pandemic may also reshape the legal landscape. In the past, employers often resisted offering remote work as an accommodation to disabled workers, and judges rarely required them to do so. But that may change now that so many companies were able to adapt to remote work in 2020, said Arlene S. Kanter, director of the Disability Law and Policy Program at the Syracuse University law school.“If other people can show that they can perform their work well at home, as they did during Covid, then people with disabilities, as a matter of accommodation, shouldn’t be denied that right,” Ms. Kanter said.Ms. Kanter and other experts caution that not all people with disabilities want to work remotely. And many jobs cannot be done from home. A disproportionate share of workers with disabilities are employed in retail and other industries where remote work is uncommon. Despite recent gains, people with disabilities are still far less likely to have jobs, and more likely to live in poverty, than people without them.“When we say it’s historically high, that’s absolutely true, but we don’t want to send the wrong message and give ourselves a pat on the back,” Mr. Catherine said. “Because we’re still twice as likely to be unemployed and we’re still underpaid when we’re lucky enough to be employed.”Disability issues are likely to become more prominent in coming years because the pandemic has left potentially millions of adults dealing with a disability. A recent study by the Federal Reserve Bank of New York estimated that close to two million working-age Americans had become disabled because of long Covid.Employers that don’t find ways to accommodate workers with disabilities — whether through remote work or other adjustments — are going to continue to struggle to find employees, said Mason Ameri, a Rutgers University business professor who studies disability.“Employers have to shape up,” he said. “Employers have to pivot. Otherwise this labor shortage may be more permanent.” More

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    Starbucks Showdown in Boston Points to New Phase of Union Campaign

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    The company moved to contain the labor push after it took off nationally. Now, with strikes and other tactics, organizers seek to regain momentum.For much of the summer, employees reliably turned up at a Starbucks near Boston University. But instead of going inside to serve coffee, they sat outside in lawn chairs — as part of a strike over what they said was retaliation for unionizing.When passers-by inquired how long the strike would last, workers responded, “As long as it has to.” Ultimately, they shut the store for more than two months, until satisfied that Starbucks would not impose new scheduling requirements in union stores that they said would force some of them to quit. Starbucks said it had told union stores for weeks that there would be no such change and denied retaliating against union supporters.The walkout was one of dozens at unionized Starbucks locations in recent months, meant partly to re-energize a labor organizing effort whose momentum has stalled since the spring and has so far yielded no contract.When workers at three Buffalo-area locations filed for union elections in August 2021, it appeared to catch the company off guard. The campaign spread rapidly, unionizing roughly 250 stores.But election filings dropped from about 70 in March to under 10 in August, ushering in a second phase of the campaign: an uneasy stalemate in which organizers struggled to sign up new stores even as the company was hard-pressed to reverse their gains.“In the context of the size of the organization as a whole, it’s a drop in the bucket,” said David Pryzbylski, a partner at the management-side firm Barnes & Thornburg, alluding to the company’s 9,000 corporate-owned locations. But he added: “Anyone who thinks it’s going back anywhere close to zero is foolish. It’s safe to assume they’ll have at least hundreds of cafes unionized going forward.”That has led to a third phase of the campaign, in which the union, Workers United, has stepped up efforts to win concessions from the company through collective bargaining, which is scheduled for the coming weeks.Some of the concessions sought by the union, like a commitment by the company to stay neutral in future elections, could make it easier for workers to unionize. Others, like paid leave tied to a pandemic, which the company has discontinued, could encourage more workers to join the union by showing it can deliver concrete benefits.But to win such concessions and greatly expand the union’s reach, labor experts say, supporters will almost certainly have to increase pressure on the company, through strikes or other means. And that has heightened the importance of a number of cities — in addition to Boston and Buffalo, places like Eugene, Ore.; Albany, N.Y.; and Ann Arbor, Mich. — where there are several unionized stores, dozens of workers willing to coordinate their actions and a community that is largely sympathetic.“Massing forces in a particular geographic region and attempting to spread the conflagration there has the potential to work,” said Peter Olney, a former organizing director of the International Longshore and Warehouse Union. “I would focus on those metro areas.”One architect of the union’s strategy in Boston is a recent law school graduate named Kylah Clay, who works as a barista at a unionized store.On a blistering afternoon in August, Ms. Clay, wearing a tank top and green army pants, sat outside the Boston University store holding a stack of checks that workers came to collect, courtesy of the union’s Starbucks strike fund.In between, she recalled how she and a colleague had recently ambushed their district manager at another store after he had become slow to respond to their calls and text messages. “We went up to the district manager and started making our demands,” Ms. Clay said. As Ms. Clay tells it, she knew almost nothing about unions before last year, when company officials began pouring into Buffalo after the campaign had gone public. Among them was Howard Schultz, who was between tours as chief executive. “When Buffalo filed, Howard should have kept his mouth shut,” she said. “I would have never gotten involved.”Employees at her store, where she had first worked during law school, and another Boston-area store filed for union elections in December and won their votes in April. Since then, more than 15 stores in New England have also unionized, most of them with her help. Nationwide, the union has won about 250 out of just over 300 votes.But adding to the total has become more difficult. “Stores that are easy to organize, that had people in them who were natural leaders, who were excited about it — those have filed already,” said Brick Zurek, a former Starbucks employee in Chicago who helped organize workers there.Adjustments in the way that Starbucks treats workers have also appeared to play a role. During the early phase of the union campaign, the company generally did not fire workers involved in organizing. But this year, Starbucks began to do so more regularly — like when it fired seven workers in Memphis who were recently reinstated by a federal judge.The National Labor Relations Board issued multiple complaints against Starbucks for firing union supporters, and the agency’s judges have ruled against the company in a few cases so far.Reggie Borges, a Starbucks spokesman, denied that the company had unlawfully forced out workers, saying any increase in disciplinary action against union supporters reflected an increase in violations.In May, the company announced wage increases and new benefits, like faster sick leave accrual, that would apply only to employees of nonunion stores or those not in the process of organizing.Kylah Clay, a recent law school graduate, works at a unionized Starbucks in Boston, and she leads a committee that has helped other stores in New England organize.Tony Luong for The New York TimesJulie Langevin, a worker involved in organizing a Starbucks store near Boston that voted against the union, said several longtime employees in her store relied on Starbucks for health care and had become alarmed that unionized workers might miss out on benefits.“They were extremely concerned that they would actually lose health insurance,” Ms. Langevin said.The labor board has issued a complaint against the company for withholding new benefits and wage increases from unionized employees. Starbucks has said it is forbidden by federal law from adding certain benefits unilaterally in unionized stores.Workers United is an established union with more than 70,000 members across the United States and Canada, but has often relied on Starbucks workers to organize their own stores and plan their own labor actions.Ms. Clay leads a committee that helps New England stores organize, sending out union “starter kits” that include Starbucks Workers United T-shirts and union cards with envelopes addressed to the labor relations board. “I have one closet with 300 shirts in it,” she said in August.She also leads the region’s collective action committee, which came about after workers at a Boston-area store staged a daylong strike over a leaky roof in late May. (Starbucks said the leak had been repaired within a business day.)Six weeks later, as the committee was contemplating a series of daylong walkouts in response to the company’s withholding of new benefits from union stores, workers at the store near Boston University decided to strike. Spencer Costigan and Nora Rossi, two union leaders at the store, which is at 874 Commonwealth Avenue, said workers were fed up with what they described as retaliation for unionizing and the company’s refusal to bargain.“They texted me out of the blue and said, ‘I think we’re ready to do it,’” Ms. Clay said. “Not as many stores were interested at the time. But then they saw 874 and were like, ‘Ah, OK.’” Workers eventually waged strikes that closed five stores for one week; the strike at 874 Commonwealth sprawled across nine weeks.The actions seemed to build support for their cause. The Boston City Council passed a resolution backing the strikers, and politicians, activists, students and other union members joined the picket line at all hours of the day and night.Ms. Clay also leads the region’s collective action committee.Tony Luong for The New York TimesWorkers at the Boston University store called off the strike in late September, a few days after Starbucks posted an announcement to baristas saying stores that had unionized by early July would not be subject to a requirement that workers be available to work at least 18 hours a week. (The requirement would take effect at nonunion stores.)Ms. Rossi said that, before the workers went on strike in mid-July, their manager had pressured some union supporters to increase their availability under the new rule or leave their jobs. Other unionized workers in Massachusetts made similar complaints on a messaging app as recently as early September.Mr. Borges, the Starbucks spokesman, said the rule had never applied to union stores, citing communications to managers in July and a tweet by the Starbucks union the same month. He emphasized that the company had not negotiated with the striking workers or offered them concessions.A few days after the strike ended, Starbucks began sending letters to worker representatives at unionized stores proposing a window for bargaining in October. The union’s president, Lynne Fox, had sought to bargain on a regional or national scale as the union prepared proposals with input from thousands of workers, but the union has accepted the store-by-store approach preferred by the company. Starbucks has nonetheless continued to portray the union as resistant to store-level bargaining.The outcome of the negotiations could reverberate beyond Starbucks. In an email that Geico sent to employees in August, after some workers there began union organizing, the company emphasized that Starbucks had recently offered wage and benefit increases only to nonunion stores. Other large employers are surely watching closely as well.Ms. Clay, for one, believes the stakes are high enough that she has altered her career plans, declining a job in the local public defender’s office so she can stay at Starbucks and push for a contract.“There was some grieving to it — I spent the last five years trying to do that job,” she said. “But you have to go where the wind takes you.” More

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    The Fed, Staring Down Two Big Choices, Charts an Aggressive Path

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    Federal Reserve officials are barreling toward another three-quarter-point increase in November, and they may decide to do more next year.Federal Reserve officials have coalesced around a plan to raise interest rates by three-quarters of a point next month as policymakers grow alarmed by the staying power of rapid price increases — and increasingly worried that inflation is now feeding on itself.Such concerns could also prompt the Fed to raise rates at least slightly higher next year than previously forecast as officials face two huge choices at their coming meetings: when to slow rapid rate increases and when to stop them altogether.Central bankers had expected to debate slowing down at their November meeting, but a rash of recent data suggesting that the labor market is still strong and that inflation is unrelenting has them poised to delay serious discussion of a smaller move for at least a month. The conversation about whether to scale back is now more likely to happen in December. Investors have entirely priced in a fourth consecutive three-quarter-point move at the Fed’s Nov. 1-2 meeting, and officials have made no effort to change that expectation.Officials may also feel the need to push rates higher than they had expected as recently as September, as inflation remains stubborn even in the face of substantial moves to try to wrestle it under control. While the central bank had penciled in a peak rate of 4.6 percent next year, that could nudge up depending on incoming data. Rates are now set around 3.1 percent, and the Fed’s next forecast will be released in December.Fed officials have grown steadily more aggressive in their battle against inflation this year, as the price burst sweeping the globe has proved more persistent than just about anyone expected. And for now, they have little reason to let up: A report last week showed that Consumer Price Index prices climbed by 6.6 percent over the year through September even after food and fuel prices were stripped out — a new 40-year high for that closely watched core index.“It’s a little bit hard to slow down without an apparent reason,” said Alan Blinder, a former Fed vice chair who is now at Princeton University.Mr. Blinder expects the Fed to make another big move at this coming meeting. “If you were Jay Powell and the Fed and slowed to 50, what would you say?” he said. “They can’t say we’ve seen progress on inflation. That would be laughed out of court.”Policymakers came into the year expecting to barely lift interest rates in 2022, forecasting that they would close out the year below 1 percent, up from around zero. But as inflation ratcheted steadily higher and then plateaued near the quickest pace since the early 1980s, they became more determined to stamp it out, even if doing so comes at a near-term cost to the economy.Consumer prices continue to increase rapidly month after month. Those increases are driven by a broad array of goods and services and have been stubborn even in the face of the Fed’s policy moves.John Taggart for The New York TimesOfficials are afraid that if they allow fast inflation to linger, it will become a permanent feature of the American economy. Workers might ask for bigger wage increases each year if they think that costs will steadily increase. Companies, anticipating higher wage bills and feeling confident that consumers will not be shocked by price increases, might increase what they’re charging more drastically and regularly.“The longer the current bout of high inflation continues, the greater the chance that expectations of higher inflation will become entrenched,” Mr. Powell, the Fed chair, warned at his news conference last month.Inflation F.A.Q.Card 1 of 5What is inflation? More

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    Amazon Labor Union Loses Election at Warehouse Near Albany

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    By a 2-to-1 ratio, the group had its second defeat since a surprise victory in April on Staten Island.Workers at an Amazon facility near Albany, N.Y., have voted decisively against being represented by the upstart Amazon Labor Union, denting efforts to expand unionization across the giant e-commerce company.Employees at the warehouse cast 206 votes to be represented by the union and 406 against, according to a count released on Tuesday by the National Labor Relations Board. Almost 950 workers were eligible to vote.The vote was the Amazon Labor Union’s second unsuccessful election since a surprise victory in April, when workers at an Amazon facility on Staten Island voted to form the first union of the company’s warehouse employees in the United States.“We’re glad that our team in Albany was able to have their voices heard, and that they chose to keep the direct relationship with Amazon,” Kelly Nantel, an Amazon spokeswoman, said in a statement.In recent months, the Amazon Labor Union has debated whether to focus on winning a contract at the Staten Island facility, known as JFK8, or on expanding its reach to other warehouses around the country through additional elections.Christian Smalls, the union’s president, “is very much in favor of trying to create opportunities for as many workers as possible to vote,” said Cassio Mendoza, a JFK8 worker and the union’s communications director. At the same time, the union has felt pressure to demonstrate progress to workers on Staten Island, and has recently stepped up its internal organizing there after months of minimal public activity.The result on Tuesday from the ALB1 warehouse in Castleton-on-Hudson, N.Y., about 10 miles south of Albany, did not appear to dissuade the union from reaching beyond JFK8.More on Big TechIn Australia: Dozens of workers at Apple walked off the job after negotiations over pay and working conditions stalled. This is why the action is significant.Inside Meta’s Struggles: After a rocky year, employees at Meta are expressing skepticism, confusion and frustration over Mark Zuckerberg’s vision for the metaverse.A Deal for Twitter?: In a surprise move, Elon Musk has offered to acquire Twitter at his original price of $44 billion, which could bring to an end the acrimonious legal fight between the billionaire and the company.Hiring Freezes: Amazon is halting corporate hiring in its retail business for the rest of the year, joining Meta as the latest tech companies to pull back amid the economic uncertainty.“We are filled with resolve to continue and expand our campaign for fair treatment for all Amazon workers,” Mr. Smalls said in a statement. “You miss 100 percent of the shots you don’t take.”About 80 percent of the union’s budget of more than half a million dollars has been focused on Staten Island, union officials have said. The rest has been set aside for expansion efforts, including at ALB1 and a facility in Southern California that submitted a petition for an election last week.Mr. Smalls said the election “wasn’t free and fair.” Even before the ballots were tallied on Tuesday, the union expressed concern that Amazon had improperly interfered with the vote, potentially laying the groundwork for a legal objection to the result.Labor board staff members have been investigating 27 charges of unfair labor practices that the union filed against Amazon before the voting began, the agency said last week. The union has since lodged additional concerns.One included an accusation that a worker had been suspended for complaining that one of Amazon’s anti-union consultants followed him around and harassed him during the voting period, according to Retu Singla, a lawyer representing the union.“They try to whip votes during the election,” said Mr. Mendoza, who added that the consultant appeared to be wearing worker clothes and an Amazon vest.Another employee, who was not directly involved with the union campaign and requested anonymity, said on the first day of voting that he had seen what appeared to be “fake employees” who were wearing Amazon vests but did not know the basics of the jobs and cast doubt on the union’s ability to negotiate a contract.Matthew Bodie, a former N.L.R.B. lawyer now at the University of Minnesota Law School, said that while one-on-one conversations with workers during the voting period were allowed, seeking to deceive employees by misrepresenting the identity of company agents could amount to interference in the election.Amazon declined to comment on the accusations.The ALB1 warehouse handles oversize items like outdoor equipment and televisions. A recent report by a worker advocacy group found that the facility had the highest rate of serious injuries of any Amazon warehouse in New York for which the group was able to obtain government data.Amazon has emphasized its minimum starting wage and benefits, and has said it has improved its safety record more than other retailers in recent years. In its messaging to workers, it has questioned the Amazon Labor Union’s experience and has said workers could be worse off if they voted for a union.In interviews outside the warehouse in September, some Amazon workers said they were supporting the union because pay was too low, especially in light of how physically taxing the work could be. The company recently raised its starting base wage at the warehouse to $17 an hour, from $15.70.“I think we need a union — we need more pay,” said Masud Abdullah, an employee at the warehouse. He said he had made about $22 an hour at an industrial bakery, but left that job because the hours did not fit with his parenting responsibilities.He and other workers also said they felt Amazon’s disciplinary policies were sometimes arbitrary. “It’s like you don’t have nobody representing you,” Mr. Abdullah said. “They could get you in and out for anything.”Other workers said they didn’t believe a union was necessary because Amazon already provided solid pay and benefits, such as health care and college tuition subsidies. Even some union supporters acknowledged that the company often treated workers well.Some workers expressed skepticism that the Amazon Labor Union would deliver on its promises, such as improving pay. “I feel like I haven’t seen any evidence,” said Jacob Carpenter, who works at the warehouse. He added that he planned to vote no.Amazon has been fighting the union’s successful vote on Staten Island. After a lengthy hearing on the company’s objections to that election, a labor board official recently endorsed the union’s victory. A regional official must still weigh in, but Amazon told workers at JFK8 that it intended to appeal. The union has recently pushed a petition to pressure Amazon to negotiate a contract. More

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    Apple Store in Oklahoma City Becomes Second to Unionize

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    Workers said pay was adequate and benefits were good, but complained that managers’ practices often seemed arbitrary.Apple employees at a store in Oklahoma City have voted to unionize, becoming the second of the company’s roughly 270 U.S. retail stores to do so.The result, announced by the National Labor Relations Board on Friday night, suggests that an initial victory by a union at a store in Towson, Md., in June was not an isolated development in an organizing campaign that dates back to last year.According to the labor board, 56 employees voted in favor of the union and 32 voted against. The workers will be represented by the Communications Workers of America, which has members at AT&T Mobility, Verizon and media companies like The New York Times, and has sought to represent tech-industry workers in recent years.Sara Steffens, the union’s secretary-treasurer, said in a statement that workers at the store, known as the Penn Square location, had faced an aggressive anti-union campaign, but she predicted that “Apple retail workers across the country will continue to organize, especially after this momentous victory.”Apple said in a statement that “we believe the open, direct and collaborative relationship we have with our valued team members is the best way to provide an excellent experience for our customers, and for our teams.”More on Big TechInside Meta’s Struggles: After a rocky year, employees at Meta are expressing skepticism, confusion and frustration over Mark Zuckerberg’s vision for the metaverse.A Deal for Twitter?: In a surprise move, Elon Musk has offered to acquire Twitter at his original price of $44 billion, which could bring to an end the acrimonious legal fight between the billionaire and the company.Hiring Freezes: Amazon is halting corporate hiring in its retail business for the rest of the year, joining Meta as the latest tech companies to pull back amid the economic uncertainty.TikTok Nears Deal with U.S.: The Biden administration and the Chinese-owned video app have drafted a preliminary agreement to resolve national security concerns over the platform, but hurdles remain over the terms.In interviews, employees at the store said that they received solid benefits, like health care, stock grants and paid family leave, and that their pay had improved over the past several months. The company recently raised the minimum starting wage at its stores to $22 an hour and said it had increased starting wages by 45 percent in the United States since 2018.But workers complained that supervisors’ decisions about hiring, pay and job assignments were often opaque and said a union would bring greater transparency to their store.Leigha Briscoe, an employee involved in the organizing who works in sales, said employees were given very different tasks during the first year of the pandemic, when they often worked from home, with little explanation for the disparities.“Some people were at home making posters, doing drawing projects, and others were on the phone taking calls eight hours a day,” Ms. Briscoe said. “There was a lack of clarity as to what the plan was.”Workers also cited confusion over how to earn promotions at the store.“Some people have been in their current roles for years trying to get promoted and are not really getting anywhere, but whenever they get feedback on an interview for a promotion what they get is very subjective goals,” said Michael Forsythe, another employee involved in the organizing, who helps oversee the repair room at the store.Mr. Forsythe said workers were sometimes told to work on their “customer focus,” but were not given more concrete suggestions like “I want you to have a three-week average of 80 percent customer satisfaction score.”Mr. Forsythe said the idea of unionizing first occurred to him late last year, after employees across the company had begun to protest management’s plans to bring them back to the office. The protest ballooned into a broader campaign, known as #AppleToo, that sought to highlight a variety of workplace problems, including harassment and pay disparities, and caught Mr. Forsythe’s attention.In April, a store in Atlanta filed a petition for a union election, and Mr. Forsythe and other employees at the Oklahoma City store began to discuss unionization.The Atlanta store later withdrew its petition, as the company announced a raise and highlighted the benefits it offered and the potential costs of unionizing, denting support for the union.But by then, the Oklahoma City store had formed an organizing committee and more employees were expressing interest in a union. The Oklahoma City workers filed their petition in early September.Employees said supervisors had responded to their campaign by holding round-table discussions and one-on-one conversations in which they emphasized the downsides of a union, including the dues that workers would have to pay and the possibility that they could lose benefits during the bargaining process. Supervisors also said having a union would make it harder to change workplace arrangements when they were in need of updating, like during the pandemic, according to these employees.Workers at the Oklahoma City store said their market leader, a manager who oversees several locations, was in their store regularly during the campaign, even though they would typically see him no more than a few times a year.Patrick Hart, an employee at the store who helps customers resolve issues with products, said the impact of the company’s response was limited because many employees did their own research about how joining a union would affect them.“We are all extremely educated people — Apple hires a certain kind of person,” Mr. Hart said. “We know how to look into things.” More

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    Reno Is Booming. Some Workers Feel Left Behind.

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    Companies are flocking to the Nevada city, but the rising cost of housing, gas and groceries is making daily life a struggle for many who work there.As an employee at a UPS warehouse outside Reno, Nev., Christina Pixton spends her nights moving thousands of heavy packages on their way to far-flung locales like San Francisco, Phoenix and Chicago.But the warehouse is not air-conditioned, and one night last month, there was no relief outside, either, with smoke from a California wildfire more than 100 miles away causing hazardous air quality. For Ms. Pixton, who has asthma, the irritation to her lungs was the latest challenge she had to learn to navigate in Reno.These are boom times in and around Reno. Warehousing and casinos have long been the city’s main businesses, and the surge in e-commerce since the start of the pandemic has companies snapping up facilities as fast as they can be built.Yet Reno and the surrounding area have also seen the cost of things like housing, gas and groceries rise, making daily existence in this growing metropolis increasingly difficult for many of the people who live here, like Ms. Pixton.Christina Pixton, a UPS worker, and her husband make six figures combined, but struggle with the daily costs of living. While gas prices have fallen to an average of $3.91 a gallon across the United States and $5.34 in Nevada, the average in Reno is $5.75, according to data from AAA. It costs Ms. Pixton $70 to $80 a week to fill up her Toyota Highlander, she said.In the past five years, home prices in the area have risen 70 percent, according to Zillow. That’s good news for homeowners like Ms. Pixton. The typical home in Reno is worth $568,103, up 10.2 percent over the past year. But average rent for a one-bedroom apartment in Reno has increased 10 percent compared with last year and 40 percent from three years ago, according to data from Zumper, which tracks housing data.And while homes and planned communities are being developed where farmland once was, affordable housing has become a much-discussed issue among residents and policymakers. Reno’s City Council approved additional affordable housing projects in March. In neighboring Sparks, Mayor Ed Lawson has pushed for denser development — building up and not just out — and more development on federal lands.Housing developments are popping up all over Reno and the surrounding area.Other changes are affecting the way of life in Reno. By the time Ms. Pixton, 37, wants to go shopping after her shift ends around 11 p.m., stores that were once open are now closed after scaling back their hours during the pandemic. When she does make it to Walmart or Target, she often finds scant offerings on the shelves because of continuing supply chain issues and the fact that the Walmart, one of the few locations for miles, draws people from neighboring cities.In a city whose economy is partly driven by getting goods to people across the country expeditiously, Ms. Pixton is left scrambling to find Uncrustables frozen sandwiches for her two sons and the right brand of dog food for the family’s Labrador retriever.“This isn’t a sustainable pattern,” said Ms. Pixton, whose husband works as a foreman at an HVAC company. “We make six figures, and we’re still stuck in this struggling pattern.”In May 2021, Ms. Pixton received a raise to $19 an hour, up from $16. It was a market-rate adjustment that UPS put in place across the country to stay competitive when hiring and retaining workers.But in January, it went back down to $16. As a union steward, Ms. Pixton found herself telling other workers the bad news. Fifteen people quit that week, she said.“It’s been quite hellish,” Ms. Pixton said. “It was not a completely livable salary, but it was something where we could struggle and not have to get a second job.”A spokesman for UPS said that, starting on Oct. 2, another market-rate adjustment brought hourly pay for part-time workers back to $19 an hour.The area offers plenty of affordable land for warehouses, along with access to an interstate and an international airport.In recent years, e-commerce companies have flooded the market. The Reno-Sparks area, with a population of about half a million, ticks a lot of boxes for companies seeking to expand back-end operations. There’s no state income tax, cheap land is available, there’s access to a main interstate and an international airport, and it’s close to California, whose huge economy and millions of people are significant draws for consumer companies looking to easily connect with their customers.In 2014, when Elon Musk came to Nevada to celebrate the opening of Tesla’s giant Gigafactory warehouse, meant to build batteries for his company’s electric vehicles, he encouraged other executives to follow.“What the people of Nevada have created is a state where you can be very agile, where you can do things quickly and get things done,” Mr. Musk said at the time, standing among the state’s legislators.And follow they did. Chewy, Amazon, Thrive Market and Apple have opened or expanded warehouses in the area over the past decade. Third-party logistics companies like OnTrac and Stord have also propped up new facilities in town.Reno’s highways and back roads are dotted with “Now Hiring” billboards.Reno has just a 0.5 percent vacancy rate for warehouses, according to data from the real estate service firm CBRE. About 8.8 million square feet is under construction in the Reno-Sparks area, according to CBRE, and about 80 percent of it is already leased.“We were a good market on a great trajectory averaging four million square feet, probably going to five,” said Eric Bennett, senior vice president of CBRE, which helps lease space to companies. “The pandemic obviously increased the absorption.”Some of these companies have set up their own distribution channels to get their products where they need to go. Others use UPS. All of them need hundreds of people to complete the strenuous work of moving their goods through the facilities and getting them to consumers.“Now Hiring” billboards dot Reno’s interstate and back roads. A chocolate factory was willing to pay as much as $25 an hour. A sign outside a Petco warehouse says a starting salary could be as high as $22 an hour. Hidden Valley Ranch’s plant says its starting hourly wage is $21, with other benefits including a 401(k), paid time off, and health care with dental and vision. Many retailers like Walmart are also trying to attract seasonal workers.Those opportunities are siphoning off potential UPS workers and creating more manual labor for those who remain, said Ross Kinson, a business agent for the local Teamsters.Ross Kinson, a business agent for the local Teamsters, said the increased competition for workers had left some UPS shifts short staffed.Workers like Ms. Pixton.Like many in Reno, she is a California transplant. She moved from Chico with her now-husband, John, in 2008, when Reno was reeling from the housing crisis. Casinos filed for bankruptcy. New construction ground to a halt. She worked in the medical and fast food industries before turning to warehouses.She started at UPS in 2018, attracted by the health care benefits and pension package, and initially made about $13 an hour. She works part time, usually 28 to 32 hours per week. Even though other companies have offered higher wages, she has stayed at UPS because the health benefits cover her children and her pension will vest in about a year.Ms. Pixton has stayed with UPS because of the health care benefits that cover her sons.When the pandemic hit, she felt the impact of millions of stuck-at-home shoppers buying all kinds of merchandise. Before Covid, about 70,000 packages would flow through her hub on a normal summer evening. During the pandemic summer of 2020, that number rose as high as 240,000, though it’s now around 115,000 to 140,000 packages a night.“We’re handling the most amount of packages of any shift because we are getting all of the inbound local businesses. We’re getting the transfers from Sacramento and Oakland and Salt Lake City,” she said. “We’ll get all inbound stuff from other states and have our outbound stuff as well.”Six people are considered a skeleton crew in her department, but Ms. Pixton said that often only three or four were working.As the holiday season approaches, UPS says it plans to hire about 100,000 workers, and is speeding up the process by eliminating interviews and allowing candidates to apply online. At the hub where Ms. Pixton works, UPS is looking to add 400 workers.UPS plans to add seasonal workers for the holidays and has been advertising on online job boards.The current contract that UPS has with the Teamsters went into place in 2018 and expires in 2023. Mr. Kinson said the union would push to formalize language regarding the market-rate wage adjustment for part-time workers for the next contract.“We’d negotiate on good faith,” a UPS spokesman, Glenn Zaccara, said. “The wages they are receiving is industry-leading.”Reno is known for its casinos, but warehouses have long been an economic engine as well.But in a city like Reno that has seen rapid growth, workers argue that the terms of the contract haven’t kept up with reality.“In this area it’s got to be $19 an hour,” Mr. Kinson said. “It has to be or it won’t work.”Loni Goddard works at Kerala Ayurveda, a wellness company, and rents an apartment in Reno. In 2020, her one-bedroom apartment cost $950 with internet and cable. When she re-signed her lease in April, the rent rose to $1,490 — not including internet and cable.“During the pandemic, everyone was getting temporary raises in Reno,” Ms. Goddard said. “At the beginning of 2022, most or all of the raises disappeared and so did the people.”At her UPS job, Ms. Pixton is bracing for the holiday rush. But, she noted, every day has essentially become peak season, considering how much work there is and how few people there are to do it. And while she wishes that more people would join UPS to alleviate some of her workload, she understands why some look elsewhere for employment.“If you’re making less than what you’re paying in gas,” she said, “what’s the point of going?” More

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    Battle Over Wage Rules for Tipped Workers Is Heating Up

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    A system counting tips toward the minimum wage is being fought in many places. Critics say it’s often abused. Defenders say workers benefit overall.With Americans resuming prepandemic habits of going out, eating out and traveling, leisure and hospitality businesses have scrambled to hire, sometimes offering pay increases that outpace inflation.But for many whose pay is linked to tips, like restaurant servers and bartenders, base wages remain low, and collecting what is owed under the law can be a struggle.In all but eight states, employers can legally choose to pay workers who receive tips a “subminimum” wage — in some places as low as $2.13 an hour — as long as tips bring their earnings to the equivalent of the minimum wage in a pay period. Economists estimate that at least 5.5 million workers are paid on that basis.The provision, known as the tip credit, is a unique industry subsidy that lets employers meet pay requirements more cheaply. And even in a tight labor market, it is often abused at the employees’ expense, according to workers, labor lawyers, many regulators and economists.“It’s baked into the model,” said David Weil, the administrator of the Wage and Hour Division of the Labor Department under President Barack Obama, referring to the frequency of violations. “And it’s very problematic.”Terrence Rice, a bartender from Cleveland who has worked in the bar and restaurant industry since 1999, chuckled at the notion that the law is consistently followed.“As long as I’ve been doing this, I have never, ever — not one time — met anyone that’s been compensated” for a below-minimum pay period, he said, adding that slow weeks with inadequate pay are viewed as the “feast or famine” norm in the industry. Busier seasons, weekends or shifts can bring a rush of a cash followed by slow weekdays, bad-weather weeks or economic turbulence.Now the yearslong arrangement is coming under increasing challenge.In the District of Columbia, a measure on the November ballot would ban the subminimum wage by 2027. A ballot proposal in Portland, Maine, would ban subminimum base pay and bring the regular minimum wage to $18 an hour over three years.Employers in Michigan are bracing for increased expenses in February, when the state tipped minimum of $3.75 an hour is set to be discontinued and the regular state minimum wage will rise to $12 from $9.87.Xander Gudejko, a district manager for Mainstreet Ventures Restaurant Group, which owns spots throughout Michigan, offered a common view in the local business community: “When I think of the potential positives for us, I can’t really think of anything.”Though tipped employees can include hotel housekeepers, bellhops, car washers and airport wheelchair escorts, most are in food and beverage service jobs. Perfect compliance may involve a complex dance of having workers clock in at the minimum-wage rate for setup work until opening, clock out, then clock back in at a tipped wage.Businesses using the two-tier system are prohibited from having tipped employees spend more than 20 percent of their shifts on side work like rolling silverware or cleaning. They also cannot include back-of-house employees, like kitchen workers, in tip pooling — the collection and redistribution of all gratuities at a certain rate, usually set by the employer.The last robust compliance investigation of full-service restaurants by the Labor Department is somewhat dated, having ended in 2012, but it found that 83.8 percent of the examined firms were in violation of labor law, with a large share of the infractions related to tips.The National Restaurant Association, which represents over 500,000 small and larger restaurants, argues that instances of illegal underpayment of tipped workers are overstated and that workers, customers and employers, in general, find the system workable.“There’s a reason people choose tipped restaurant jobs — they know the economics are in their favor,” said Sean Kennedy, the group’s executive vice president of public affairs. “For many servers, they’ve chosen restaurants as a career because their industry skills and knowledge mean high earning potential in a job that’s flexible to their needs.”Ryan Stygar, a labor lawyer and a managing partner at Centurion Trial Attorneys, whose practice mostly represents workers in wage-theft cases but also defends businesses accused of violations, called the network of laws surrounding tipped workers “so bizarre and obscure” that employers acting in good faith can still make legal mistakes.Even when the law is followed to the letter, Mr. Stygar said, the system is unfair to workers. “You are sacrificing your tips to meet the employers’ minimum-wage obligations,” he said.Employers are required to keep records of tips and usually do so through a mix of their own accounting, credit card receipts and self-reporting from staff members. Most involved in the system say the tracking works in murky ways.“In reality, who’s monitoring this complex two-tier system?” said Sylvia Allegretto, a former chair of the Center on Wage and Employment Dynamics at the University of California, Berkeley.“The onus is on you, the worker, to possibly enrage, or at least annoy, your boss, who also, coincidentally, controls your schedule,” she said.Talia Cella, a training manager at Illegal Pete’s, a fast-casual burrito spot in Boulder, Colo. The restaurant offers starting pay of $15 plus tips as well as health care coverage.Andrew Miller for The New York TimesIn many civil disputes, employment attorneys have successfully argued before courts that managers implicitly wield opportunities to work more lucrative shifts as a carrot for not rocking the boat on workplace abuse and as a stick to prevent retaliation.Sylvia Gaston, a waitress at a restaurant in Astoria, Queens, said her base wage is $7.50 an hour — even though New York City’s legal subminimum is $10, which must come to at least $15 after tips. Ms. Gaston, 40, who is from Mexico, feels that undocumented workers like her have a harder time fighting back when they are shortchanged.“It doesn’t really matter if you have documents or not — I think folks are still getting underpaid in general,” she said. “However, when it comes to uplifting your voices and speaking about it, the folks who can get a little bit more harsh repercussions are people who are undocumented.”Subminimum base pay for some tipped workers in the state, such as car washers, hairdressers and nail salon employees, was abolished in 2019 under an executive order by Gov. Andrew M. Cuomo, but workers in the food and drinks industry were left out.Gov. Kathy Hochul, Mr. Cuomo’s successor, said while lieutenant governor in 2020 that she supported “a solid, full wage for restaurant workers.” And progressive legislators plan a bill in January that would eliminate the two-tier wage system by the end of 2025.When The New York Times asked if she would support such changes, Ms. Hochul’s office did not answer directly. “We are always exploring the best ways to provide support” to service workers, it said.Proponents of abandoning subminimum wages say there could be advantages for employers, including less turnover, better service and higher morale.David Cooper, the director of the economic analysis and research network at the Economic Policy Institute, a progressive think tank, contends that when wage laws are changed to a single-tier system, business owners can have the assurance that “every single person they compete with is making the same exact adjustment,” reducing the specter of a competitive disadvantage.Still, he acknowledged, there would downsides. Restaurants and bars with less popularity and lower productivity could lose out in a substantially higher-wage environment, leading to higher prices and potentially closings.“This is not costless,” Mr. Cooper said. “But for a long time, we haven’t been internalizing the costs of paying workers less than they can live on.”Some employers who could use the two-tier wage system are taking a different approach.Talia Cella, 33, is a training manager at Illegal Pete’s, a burrito spot founded in Boulder, Colo., with locations throughout Arizona and Colorado. Those states have a subminimum wage under $10 an hour for tipped workers, and a regular minimum under $13. Illegal Pete’s offers starting pay of $15 plus tips as well as health care coverage.Before rising to her current position, Ms. Cella was hired as a server and trained as a bartender in 2016. She was previously making base pay of $5 an hour elsewhere as a waitress and hostess, unable to afford a car and biking to the bus stop in snow to make winter shifts.Even at what her company is paying, Ms. Cella said, recruiting and hiring are “more challenging than ever” because of labor shortages. But she said the business, with the help of a recent 10 percent price increase, remained profitable and was able to expand despite soaring food costs.She attributes this, in part, to “out-vibing” the competition.“Having work be a stable part of your life — where it’s like you go there, you’re getting paid a living wage, you have health insurance, you know this place cares about you — then you’re more likely to show up to work and give your best,” Ms. Cella said. “If you want people to give you more of themselves, more of their time, more of their effort, then you have to be willing to invest more of your company into the individual people as well.” More

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    Have You Been Shortchanged on Tipped Wages? We Want to Hear From You.

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    Most states allow workers to be paid less than the usual minimum wage if they get tips. Experts say the system is often abused at employees’ expense.In most states, employees who receive tips can be paid a subminimum wage as long as tips bring their earnings to the equivalent of the minimum wage in a given pay period. Many experts say the system is often abused at employees’ expense.Do you work for tips in the hospitality industry, make base pay that is below the minimum wage and feel that you’ve illegally lost income recently? If so, The New York Times would like to hear about your experiences.We will not publish any part of your submission without contacting you first. We may use your contact information to follow up with you.We’d like to know about problems you’ve had collecting your pay as a tipped worker. More