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    Dollar Stores Hit a Pandemic Downturn

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    Sandra Beadling was fed up with the 70-hour workweeks, the delivery trucks running days behind schedule, and the wear and tear on her knees from all the stooping to restock the bottom shelves.The manager of the Dollar General store in Wells, Maine, Ms. Beadling, 54, had tried to hire more help. But that was a tough sell when Walmart was offering $16 an hour and her store was paying $12.Ms. Beadling had spent long stretches this summer as one of only a few workers in the store, tending to the register and trying to help shoppers. She had pleaded with her managers to allow the store’s part-time workers to have more hours, but to no avail.One night last month, Ms. Beadling closed up the Dollar General at 10, got home at 11:30 and then left her house at 4 a.m. to be back at the store for an inventory check. “I was so tired I couldn’t find words,” she said. She sent her assistant manager a text saying she had quit and then blocked her co-workers’ numbers so they couldn’t call back and persuade her to stay.“It wasn’t sustainable,” Ms. Beadling said.Some wonder whether the same can be said for the unbridled success of dollar stores and their business model, which has benefited from the prevalence of poverty and disinvestment in the inner cities and rural America. Dollar stores, which pay among the lowest wages in the retail industry and often operate in areas where there is little competition, are stumbling in the later stages of the pandemic.Sales are slowing and some measures of profit are shrinking as the industry struggles with a confluence of challenges. They include burned-out workers, pressure to increase wages, supply chain problems and a growing number of cities and towns that are rejecting new dollar stores because, they say, the business model harms their communities.Just this week, Dollar Tree, which also operates Family Dollar stores, said it would start selling more products above $1. The move has broad significance beyond the discount retail industry, analysts say, because it signals that a company that has built its brand on selling $1 merchandise feels the need to shift its model to account for higher wages and an unreliable supply line from Asia.“It means these issues may be permanent,” said Scott Mushkin, a founder and an analyst at R5 Capital, a research and consulting firm focused on retail.The dollar store strategy has struggled in an economy like the current one.Edmund D. Fountain for The New York TimesThe troubles follow a year of soaring profits and a period of staggering growth in the industry. Roughly one in every three stores that have been announced to open in the United States this year is a dollar store, according to Coresight Research, a retail advisory firm, a sign of how well the industry did in 2020.The business model, which relies on relatively cheap labor and inexpensive goods, is designed to flourish even when its core customers are hurting financially. The strategy was honed during the high unemployment and wage stagnation of the Great Recession of 2008.But dollar stores are not as well equipped for the surreal economy of today, when workers like Ms. Beadling are quitting in protest and a single coronavirus case on a container ship can cause a two-month delay in getting Chinese-made merchandise to the United States.“This is another case of the pandemic laying bare the underlying vulnerabilities in how we’ve set up our economy,” said Stacy Mitchell, co-director of the Institute for Local Self-Reliance, an advocacy group that is critical of many large corporate retailers.While just about every retailer is dealing with shipping and distribution problems, the dollar stores may have difficulty passing on the increased costs to price-sensitive customers.Dollar Tree said it expected as much as $200 million in additional freight costs this year.In an August conference call with analysts, Dollar Tree’s chief executive, Michael Witynski, recounted how one of the shipping vessels the company had chartered was denied entry to a Chinese port after a crew member tested positive for the virus. The ship had to change crews in Indonesia before returning to China.Dollar General added 50,000 workers this summer, the retailer said.Simon Simard for The New York TimesThe store in Eliot, Maine, where another manager recently quit.Simon Simard for The New York TimesMr. Mushkin said of Dollar Tree: “They have everything going the wrong way.”Dollar General said it had hired 50,000 additional workers between mid-July and Labor Day, but acknowledged in August that its labor costs were adding to expenses. Analysts say some of these additional expenses are driven by the pressure to raise wages.Still, the higher pay may not be enough to encourage employees to stay on the job. Workers say the stores are chronically understaffed and rely on part-time workers who are given unpredictable schedules and cannot afford the required employee contribution for health care benefits.In a statement, Dollar General said, “We pay competitive wages, which are determined based on several factors including the relevant labor market.” The company added that “our operating standards are designed to provide stores with sufficient labor hours, and it is not our expectation that store managers should work 70 to 80 hours per week.”Part-time workers sometimes encounter the opposite problem of not having enough work. As a store manager, Ms. Beadling said, she was constantly trying to find additional hours to give to her employees who needed the money, including one worker who was living in a tent because she couldn’t afford rent.But the allotted hours for the store were limited by higher-up managers, she said. This summer, social media buzzed with photos of dollar stores, from Lincoln, Neb., to Pittsburgh and beyond, where employees had taped up signs in the front door announcing that they had walked off the job.“Capitalism will destroy this country,” read one sign in the window of a Dollar General in Eliot, Maine, this spring. “If you don’t pay people enough to live their lives, why should they slave away for you?”Paige Murdock, the former Dollar General manager in Eliot, now works in a coffee warehouse and delivers for DoorDash.Simon Simard for The New York TimesPaige Murdock, a manager of the Eliot store, was the first to quit. The company limited the hours she could give to her staff, she said, which often meant she was running the store short-handed.She went weeks without getting a day off or seeing her family but, as a salaried employee, did not receive overtime pay. When a manager said Ms. Murdock, 44, couldn’t take her previously approved vacation week to help her daughter, who is in the military, move to Texas, she decided to quit.“If you look at my résumé, I am a very loyal employee,” Ms. Murdock said. “I will work my heart out. All the other jobs I left I would give two weeks’ notice. I don’t call out. I don’t ask for much.”Mr. Murdock now works in a warehouse for a coffee company and picks up delivery jobs at DoorDash to fill in the gaps.In its statement, Dollar General said its manager turnover “has been at historically low levels over the past few years.”Chris Burton started working at a Dollar General in New Orleans in the spring of 2020, earning $10 an hour. A saxophonist, he took the job because his work as a substitute teacher and his musical performances had been put on hold during the pandemic. More than a year later, his hourly pay has nudged up only to $11.“Walmart will move you up to $15 much faster,” said Mr. Burton, 34, who works with Step Up Louisiana, a labor advocacy group that has been pushing for improved working conditions in dollar stores. “But Dollar General is never going to pay as much as Walmart. That’s how they keep their prices lower. It’s basic economics.”Chris Burton took a $10-an-hour job at a Dollar General in New Orleans because the pandemic put his substitute teaching and music performances on hold.Edmund D. Fountain for The New York TimesWall Street is also taking note of the low pay and the complaints from employees about working conditions.“We regularly see shelves that are stocked in a disorganized manner,” said Brad Thomas, an analyst at KeyBanc Capital Markets. “As a retail analyst that indicates that the store doesn’t have enough labor or the right labor.”Mr. Mushkin of R5 Capital said other major retailers had responded faster to the changing labor conditions by raising wages when their sales were booming last year. Those early moves resulted in a smaller hit to their bottom line than what the dollar stores are experiencing.“We provide our associates with flexible schedules and market-competitive pay, and in all cases, we are at or above minimum wage in the markets we operate in,” Dollar Tree said in a statement.Political attitudes toward dollar stores in some communities are also shifting. Since the start of the pandemic, nearly three dozen communities have passed limits on dollar store developments or rejected stores outright, according to the Institute for Local Self-Reliance.The dollar stores say those are the exceptions. “We are always disappointed when local lawmakers choose to limit our ability to serve their community, but these relatively few situations have not materially impaired our ability to grow,” Dollar General said.The company added, “We provide our customers with convenient access to essential items and quality brands they want and need, including components of a nutritious meal,” including fresh produce, which is being offered in an increasing number of stores.Although the opposition hardly makes a dent in the more than 1,620 dollar stores slated to open this year, some measures have happened in major markets such as the Atlanta area and Cleveland, and in small towns like Warrensburg, N.Y.There has been considerable opposition on Warrensburg’s governing board to a Dollar General that was proposed to be built on Main Street.Bryan Rounds, a member of the board, said Warrensburg, in the southern Adirondacks, had long been mostly a “drive-through town” on the road to lakeside camps or ski slopes farther north. But during the pandemic, Warrensburg, like many rural areas, became a popular spot for Airbnb rentals. “Things are happening around here,” Mr. Rounds said. “We don’t need one of these stores.” More

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    'Every Day Is Frightening': Working For Walmart Amid Covid

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    It was a hot morning in Baton Rouge, La., the day that Peter Naughton woke up on the floor.Sore, disoriented, he’d already grasped what his mother was now telling him: He’d had another seizure. But he also grasped a larger truth: He needed to pull it together and somehow go to work.A cashier and self-checkout host at the nearby Walmart, Mr. Naughton dreaded depleting his limited paid time off in the midst of a pandemic. His mother, for her part, insisted that her epileptic son, then 44, stay home and rest. The hours after a seizure were difficult enough. Toss in the stress of Covid-19 and a customer base that largely — and often angrily — rejected mask use, and a day at work seemed anything but recuperative.In the end, Mr. Naughton’s growing headache and general fogginess were intense enough that he conceded to his mother’s wishes. He dialed once, twice, three times. No answer. Given the penalty for missing work without giving notice — and the fear of risking his job during uncertain times — he saw what he had to do. Reeling, he made the trip to the store and clocked in.That was the summer of 2020, and in the bewildering year since, the stakes and strain around low-wage frontline jobs like Mr. Naughton’s seem only to have multiplied.As shuttered offices cautiously debate the merits and logistics of reopening, a parallel sphere of workers — retail employees, day laborers, emergency personnel, medical staff, and so on — seemingly inhabit another country entirely. In their case nothing ever shuttered. Often their jobs just got really, really hard.“Every day is frightening,” Mr. Naughton said recently, now nearly two years into his employment at Walmart.Mr. Naughton said this in the dark, his power still out days after Hurricane Ida had barreled through Louisiana. It was 93 degrees. Later he would take another cold shower, also in the dark, in hopes of cooling off before bed.Mr. Naughton lives on a quiet, grassy street of low brick homes with his aging parents, not far from where he attended high school some two decades prior. He had an apartment of his own for a while last year, but his $11.55 hourly wage wasn’t enough to pay the rent, even working full time. So he moved back in with his mother and father, and now lives in fear of bringing the highly contagious Delta variant home to them. (Mr. Naughton is fully vaccinated. But at 78, his father has health issues that prevent him from getting the shots, Mr. Naughton said — health issues that make severe illness likelier should he contract the disease.)Mr. Naughton, 45, lives with his aging parents and worries about bringing the highly contagious Delta variant home to them.Emily Kask for The New York TimesElsewhere in the country, the conversation has begun to move on, away from early Covid alarm and into something more guardedly speculative. What will post-pandemic life look like? How have our priorities shifted? But for vast swaths of the nation, largely untouched by doses from Pfizer and Moderna, it remains late 2020 in many ways.“A lot of people here still don’t believe the virus is real — even when the hospitals are full, even when they have family dying,” Mr. Naughton said. “With the vaccines, one co-worker told me getting it would go against her faith. Another told me it contains baby fetuses and mercury. Someone else said it was created by Bill Gates to insert microchips to track you. I said, ‘Why would he want to track you?’”The conversations Mr. Naughton describes may be epidemiologically out of step, but he and thousands of others seem trapped in an America-right-now vortex, a swirl of politics, belief, resentment and fear. At fast food restaurants, grocery stores, warehouses, nursing homes and anywhere else frontline workers show up each day, a deep schism has taken hold. Workers nervous about the virus find themselves at the mercy of those who aren’t.“If I ask people to wear a mask or socially distance at work, they get mad and tell the manager. Then I have to get coached. If you get coached too many times, you lose your job,” Mr. Naughton said, referring to the company’s system for managing worker infractions. (Charles Crowson, a Walmart spokesman, did not dispute that an accumulation of coachings could lead to termination.)Draped over this dynamic are often the stark realities of poverty, and the stresses of navigating a low-paying job in a high-pressure situation. And so an already strained situation strains further. Bitterness over masking requests, job insecurity, a run on bottled water, vaccine politics — tensions routinely boil over in his store and beyond, Mr. Naughton said.“It wasn’t always like this. It used to be more friendly here. It’s become hostile. People are really on edge. They fight with you in the store, or with each other,” he said. “The other day a woman wanted to fight over the price of potatoes. You can even see it in how people drive, like they have a death wish.”These days Mr. Naughton passes a fair amount of time alone. He burns off stress at the gym, goes on hikes, reads books on politics. (By flashlight, in the days after Hurricane Ida.) The Delta resurgence also dealt a blow to his social life — at one point, concerned about the alarming spread in Louisiana, he canceled plans to see live comedy with a co-worker. She went on without him; “she wasn’t worried about it,” he said.Over the last few months, Mr. Naughton has pinned his hopes on a transfer — there’s another nearby Walmart he believes to be less stressful. After extensive lobbying, he said the move was finally approved. Coincidentally, it’s to the same store where his father routinely shops, Covid risks and all.Mr. Naughton had an apartment of his own last year, but his $11.55 hourly wage wasn’t enough to pay the rent.Emily Kask for The New York Times“He’s stubborn. He goes there for pastries, for Coke. He spends hours there. We tell him not to, it’s not safe,” Mr. Naughton said.With nearly 1.6 million workers, Walmart is the largest private employer in the country. It employs 35,954 people in Louisiana alone, working for one of the 137 Supercenters, discount stores, neighborhood markets or Sam’s Clubs across the state. Covid appears to have been good for the bottom line: During fiscal 2020, the company generated $559 billion in revenue, up $35 billion from the previous year. But labor activists say too little of that money has gone toward work force protections, which in turn has prolonged the pandemic..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}According to United for Respect, a nonprofit labor advocacy group for Walmart and Amazon workers — Mr. Naughton is an outspoken member — safety measures remain deeply insufficient.“Thousands of Walmart associates across the country like Peter have been forced to endure poverty wages and abysmal benefits while working through a deadly pandemic, managing panic-buying sprees and culture wars over mask mandates,” said Bianca Agustin, the accountability director for United for Respect.In a survey the group conducted of Walmart associates — the term the company uses for all non-temporary employees — in May 2020, nearly half said they had come into work sick or would do so, fearing retaliation otherwise. This past April the group released a report with the public health nonprofit Human Impact Partners, finding that Walmart could have prevented at least 7,618 Covid cases and saved 133 lives with a more robust paid sick time policy. (Researchers have estimated that some 125,000 Walmart workers nationwide likely contracted Covid between February 2020 and February 2021.)United for Respect is pushing for five measures in response: hazard pay of $5 per hour; access to adequate paid and unpaid leave; immediate notification of positive cases within a given store; the inclusion of workers in the creation of safety protocols; and protection from retaliation. In the meantime, it has created a Covid reporting tool for workers at Amazon and Walmart. So far almost 1,900 cases have been claimed at 360 stores and facilities.“Walmart lets in people without masks all the time, and social distancing isn’t enforced,” Mr. Naughton said. “Our lives are constantly in danger. They have ‘health ambassadors,’ but all they do is sit at the door offering customers masks. I’ve had to fill in for them. A lot of people just ignore you, or else get angry.”In response, Mr. Crowson, the Walmart spokesman, replied that the company “has worked hard to protect the health and safety of associates and customers. This includes administering no-cost vaccinations, enhanced cleaning practices, daily health screenings and temperature checks for our associates, special bonuses and an emergency leave policy.”For Mr. Naughton, donning his yellow “Proud Walmart Associate” vest each morning and going to work is basic survival in perilous economic times.Emily Kask for The New York TimesFor his part, Mr. Naughton continues fearing work while also fearing the idea of missing any. That’s partly the work ethic he inherited from his father, who never once called in sick to the chemical plant where he spent his career. But it’s also basic survival in perilous economic times. Putting aside any medical implications for him or his loved ones, he worries that contracting Covid could cost him his job. At 45, reliant on Medicaid for health coverage and having no retirement plan to speak of, he continues to don his yellow “Proud Walmart Associate” vest each morning.Over the years Mr. Naughton has worked at fast food restaurants, grocery stores and an amusement park. The idea of finding a more Covid-safe work-from-home gig appeals to him, but his hours at Walmart leave little time for job hunting. Regardless, he says the positions he comes across are “the kind you can’t get without experience, but you can’t get experience without a job.”Asked about the distant universe of office careers and mask-wars-free remote work, Mr. Naughton, he replied that it all feels “unfair.”“They say we’re essential,” he said, “but they treat us like we’re disposable.” More

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    California Senate Passes Bill Reining In Amazon Labor Model

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    The bill would curb production quotas at Amazon and other companies that critics say are excessive and force workers to forgo bathroom breaks.In the latest sign of the growing scrutiny of Amazon’s labor practices, the California State Senate on Wednesday approved a bill that would place limits on production quotas for warehouse workers.The bill, which passed the Senate 26-to-11, was written partly in response to high rates of injuries at Amazon warehouses. The legislation prohibits companies from imposing production quotas that prevent workers from taking state-mandated breaks or using the bathroom when needed, or that keep employers from complying with health and safety laws.The Assembly, which passed an initial version in May, is expected to approve the Senate measure by the end of the state’s legislative session on Friday.“In the Amazon warehouse space, what we’re trying to take on is this increased use of quotas and discipline based on not meeting the quotas, without a human factor in dealing with a reason why a worker might not make a quota,” Assemblywoman Lorena Gonzalez, the bill’s author, said in an interview last week.Gov. Gavin Newsom had not indicated before the vote whether he would sign the bill, but his staff was involved in softening certain provisions that helped pave the way for its passage.Experts said the bill was novel in its attempts to regulate warehouse quotas that are tracked by algorithms, as at Amazon, and make them transparent.“I believe one of Amazon’s biggest competitive advantages over rivals is this ability to monitor their work force, prod workers to work faster and discipline workers when they fail to meet quotas,” said Beth Gutelius, research director at the Center for Urban Economic Development at the University of Illinois Chicago.“It’s unprecedented for a bill to intervene like this in the ways that technology is used in the workplace,” added Dr. Gutelius, who focuses on warehousing and logistics.Business groups have strongly opposed the bill, complaining that it will lead to costly litigation and hamstring the entire industry even though it is primarily intended to address labor practices at a single company.Amazon has not commented on the bill but has said that it tailors performance targets to individual employees over time based on their experience level and that the targets take into account employee health and safety. The company has emphasized that fewer than 1 percent of terminations are related to underperformance.The bill would require Amazon and other warehouse employers to disclose productivity quotas to workers and regulators, and would allow workers to sue to eliminate quotas that prevent them from taking breaks and following safety protocols.While it is unclear how big an impact the bill would have on Amazon’s operations, limiting the company’s hourly productivity quotas would probably affect its costs more than its ability to continue next-day and same-day delivery.“I think it’s all about money, not about what the system is set up to handle,” said Marc Wulfraat, president of the supply-chain and logistics consulting firm MWPVL International. “If you said to me, ‘Bring the rate down from 350 to 300 per hour,’ I’d say, ‘OK, we need to add more people to the operation — maybe we need 120 people instead of 100.’”A report by the Strategic Organizing Center, a group backed by four labor unions, shows that Amazon’s serious-injury rate nationally was nearly double that of the rest of the warehousing industry last year.“They would say, ‘Always pivot, never twist,’ all this stuff you’re supposed to do,” said Nathan Morin, who worked in an Amazon warehouse in California for more than three years packing and picking items before leaving in December. “But it’s oftentimes impossible to follow the proper body movements while also making rate.”The company has vowed to improve worker safety and said it had spent more than $300 million this year on new safety measures.Amazon is under growing pressure from unions and other groups over its labor practices. A regional office of the National Labor Relations Board has indicated that it is likely to overturn a failed union election at an Amazon warehouse in Alabama on the grounds that the company improperly interfered with the voting.The objections to the election were brought by the Retail, Wholesale and Department Store Union, which spearheaded the organizing campaign.The International Brotherhood of Teamsters, which backed the California bill and whose local officials have helped to derail a tax abatement for Amazon in Indiana and approval for an Amazon facility in Colorado, has committed to providing “all resources necessary” to unionize Amazon workers.“This is a historic victory for workers at Amazon and other major warehouse companies,” Ron Herrera, a Teamsters official who is president of the Los Angeles County Federation of Labor, said in a statement. “These workers have been on the front lines throughout the pandemic, while suffering debilitating injuries from unsafe quotas.” More

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    California Bill Could Alter Amazon Labor Practices

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    The bill would rein in production quotas at warehouses that critics say are excessive and force workers to forgo bathroom breaks.Among the pandemic’s biggest economic winners is Amazon, which nearly doubled its annual profit last year to $21 billion and is on pace to far exceed that total this year.The profits flowed from the millions of Americans who value the convenience of quick home delivery, but critics complain that the arrangement comes at a large cost to workers, whom they say the company pushes to physical extremes.That labor model could begin to change under a California bill that would require warehouse employers like Amazon to disclose productivity quotas for workers, whose progress they often track using algorithms. “The supervisory function is being taken over by computers,” said Assemblywoman Lorena Gonzalez, the bill’s author. “But they’re not taking into account the human factor.”The bill, which the Assembly passed in May and the State Senate is expected to vote on this week, would prohibit any quota that prevents workers from taking state-mandated breaks or using the bathroom when needed, or that keeps employers from complying with health and safety laws.The legislation has drawn intense opposition from business groups, which argue that it would lead to an explosion of costly litigation and that it punishes a whole industry for the perceived excesses of a single employer.“They’re going after one company, but at the same time they’re pulling everyone else in the supply chain under this umbrella,” said Rachel Michelin, the president of the California Retailers Association, on whose board Amazon sits.California plays an outsize role in the e-commerce and distribution industry, both because of its huge economy and status as a tech hub and because it is home to the ports through which much of Amazon’s imported inventory arrives. The Inland Empire region, east of Los Angeles, has one of the highest concentrations of Amazon fulfillment centers in the country.Kelly Nantel, an Amazon spokeswoman, declined to comment on the bill but said in a statement that “performance targets are determined based on actual employee performance over a period of time” and that they take into account the employee’s experience as well as health and safety considerations.“Terminations for performance issues are rare — less than 1 percent,” Ms. Nantel added.The company faces growing scrutiny of its treatment of workers, including an expected ruling from a regional director of the National Labor Relations Board that it unlawfully interfered in a union vote at an Alabama warehouse. The finding could prompt a new election there, though Amazon has said it would appeal to preserve the original vote, in which it prevailed.In June, the International Brotherhood of Teamsters passed a resolution committing the union to provide “all resources necessary” to organize Amazon workers, partly by pressuring the company through political channels. Teamsters officials have taken part in successful efforts to deny Amazon a tax abatement in Indiana and approval for a facility in Colorado and are backers of the California legislation.Both sides appear to regard the fight over Amazon’s quotas as having high stakes. “We know that the future of work is falling into this algorithm, A.I. kind of aspect,” said Ms. Gonzalez, the bill’s author. “If we don’t intervene now, other companies will be the next stage.”Ms. Michelin, the retail association president, emphasized that the data was “proprietary information” and said the bill’s proponents “want that data because it helps unionize distribution centers.”A report by the Strategic Organizing Center, a group backed by four labor unions, shows that Amazon’s serious-injury rate nationally was almost double that of the rest of the warehousing industry in 2020 and more than twice that of warehouses at Walmart, a top competitor.Asked about the findings, Ms. Nantel, the Amazon spokeswoman, did not directly address them but said that the company recently entered into a partnership with a nonprofit safety advocacy group to develop ways of preventing musculoskeletal injuries. She also said that Amazon had invested over $300 million this year in safety measures, like redesigning workstations.Amazon employees have frequently complained that supervisors push them to work at speeds that wear them down physically.“There were a lot of grandmothers,” one worker said in a study underwritten by the Los Angeles County Federation of Labor, another backer of the California bill. Managers would “come to these older women, and say, ‘Hey, I need you to speed up,’ and then you could see in her face she almost wants to cry. She’s like, ‘This is the fastest my body can literally go.’”Yesenia Barrera, a former Amazon worker in California, said that managers told her she needed to pull 200 items an hour from a conveyor belt, unbox them and scan them. She said she was usually able to reach this target only by minimizing her bathroom use.“That would be me ignoring using restroom-type things to be able to make it,” Ms. Barrera said in an interview for this article. “When the bell would ring for a break, I felt like I had to do a few more items before I took off.”An employee sorted items at a Staten Island warehouse in May. Workers have complained that supervisors push them to work at speeds that wear them down.Chang W. Lee/The New York TimesEdward Flores, faculty director of the Community and Labor Center at the University of California, Merced, says repetitive strain injuries have been a particular problem in the warehousing industry as companies have automated their operations.“You’re responding to the speed at which a machine is moving,” said Dr. Flores, who has studied injuries in the industry. “The greater reliance on robotics, the higher incidence of repetitive motions and thus repetitive injuries.” Amazon has been a leader in adopting warehouse robotics.Ms. Gonzalez said that when she met with Amazon officials after introducing a similar bill last year, they denied using quotas, saying that they relied instead on goals and that workers were not punished for failing to meet them.During a meeting a few days before the Assembly passed this year’s bill, she said, Amazon officials acknowledged that they could do more to promote the health and safety of their workers but did not offer specific proposals beyond coaching employees on how to be more productive.At one point during the more recent meeting, Ms. Gonzalez recalled, an Amazon official raised concerns that some employees would abuse more generous allotments of time for using the bathroom before another official weighed in to de-emphasize the point.“Someone else tried to walk it back,” she said. “It’s often said quietly. It’s not the first time I’ve heard it.”The bill’s path has always appeared rockier in the State Senate, where amendments have weakened it. The bill no longer directs the state’s occupational safety and health agency to develop a rule preventing warehouse injuries that result from overwork or other physical stress.Instead, it gives the state labor commissioner’s office access to data about quotas and injuries so it can step up enforcement. Workers would also be able to sue employers to eliminate overly strict quotas.Ms. Gonzalez said she felt confident about the Senate vote, which must come by the close of the legislative session on Friday, but business groups are still working hard to derail it.Ms. Michelin, the retailer group president, said that the Senate committees’ changes had made the bill more palatable and that her members might support a measure that gave more resources to regulators to enforce health and safety rules. But she said they had serious concerns about the way the bill empowers workers to sue their employers.As long as that provision remains in the bill, she said, “we will never support it.” More

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    Delta’s Extra $200 Insurance Fee Shows Vaccine Dilemma for Employers

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    Charging unvaccinated workers more for health coverage may seem more appealing than a mandate but could be harder to carry out.For weeks, big employers like Citigroup, Google and the Walt Disney Company have been warming to the idea of requiring coronavirus vaccines for employees. Now that one vaccine has received full federal approval, President Biden wants more to follow suit.Delta Air Lines has chosen a very different tack — one that might seem to provide employees more choice but could be much harder to carry out. The company on Wednesday became the first large U.S. employer to embrace an idea that has been widely discussed but is mired in legal uncertainty: charging unvaccinated employees more for health insurance.Starting Nov. 1, Delta employees who have not received the vaccine will have to pay an additional $200 per month to remain on the company’s health plan. It is part of a series of requirements that unvaccinated workers will face in the months to come, the airline’s chief executive, Ed Bastian, said in a memo to staff.“We’ve always known that vaccinations are the most effective tool to keep our people safe and healthy in the face of this global health crisis,” he said. “That’s why we’re taking additional, robust actions to increase our vaccination rate.”Every Delta employee who has been hospitalized because of the coronavirus in recent weeks was not yet fully vaccinated, with hospital stays costing the company an average of about $50,000. Like most large employers, Delta insures its own work force, meaning it pays health costs directly and hires an insurance company to administer its plans.Corporate executives have wrestled with how to restore some normalcy to their operations, including by letting workers return to offices. They are trying to achieve several goals that can at times come into conflict: keeping employees safe, retaining staff opposed to vaccines at a time of tremendous turnover, and showing customers that they are taking the pandemic seriously while not alienating others put off by masks and other restrictions.Several companies, particularly those in health care, have made vaccination a condition of employment. Under a recent Biden administration policy, any nursing home that receives federal funds will be required to mandate vaccines for workers.Nearly 14 percent of U.S. employers now require, or plan to require, staff to be vaccinated in order to work at a company site, according to a survey this month from Mercer, a benefits consulting firm. In a May survey, just 3 percent of employers planned to require vaccinations.Insurance surcharges may appeal to companies that are seeking a less coercive means to increase vaccination rates, said Wade Symons, a partner at Mercer. He has had conversations with about 50 large companies that are considering imposing such fees, he added.“They still want to have the appearance of a choice,” Mr. Symons said.The businesses, he said, tend to be in industries that involve a lot of in-person work: manufacturing, hospitality, financial services, retail and transportation. Many have already tried incentives like cash bonuses or raffles for large prizes but still have vaccine holdouts.Delta said 75 percent of its staff and more than 80 percent of its pilots and flight attendants were vaccinated. But when CNN asked Mr. Bastian on Wednesday why the airline hadn’t simply mandated vaccines, he framed the issue as one of corporate culture.“Every company has to make its own decision for its culture, its people, what works according to its values,” he said. “I think these added voluntary steps, short of mandating a vaccine, are going to get us as close to 100 percent as we can.”Legally speaking, insurance surcharges are more complicated than simple employment mandates, which are widely considered legally sound. Federal law bars employers and insurers from charging higher prices to people with pre-existing health conditions. But the vaccine surcharges are being structured as employer “wellness” incentive programs, which are permitted under the Affordable Care Act. Such programs must be voluntary but can involve rewards or penalties as large as 30 percent of an employee’s health insurance premium.(Insurance plans bought on the marketplaces created by the Affordable Care Act and government programs like Medicaid and Medicare are forbidden to impose such surcharges.)Starting Nov. 1, unvaccinated Delta Air Lines employees will be charged more to stay on the company health plan.Stefani Reynolds for The New York TimesUnder federal law, employers must provide accommodations for workers who cannot receive a vaccine for health reasons or sincerely held religious beliefs. A recent lawsuit successfully challenged wellness programs with large financial penalties, arguing that the provision violated the Americans With Disabilities Act.“This is not rocket science, but it is not easy,” said Rob Duston, a lawyer with Saul Ewing Arnstein & Lehr in Washington, D.C., whose focus includes employment and disability issues.“You are dealing with the overlap of at least three different laws,” he added, referring to the Employee Retirement Income Security Act, the Affordable Care Act, and the Equal Employment Opportunity Commission’s wellness plan and Covid-19 guidelines. The companies will have to abide by the Americans With Disabilities Act and health privacy laws, too.Wellness programs have become widespread in large corporations even though studies show that they have very little impact on employee health. In some cases, they have tended to nudge workers who are facing penalties to drop their workplace coverage.“It seems like a more complicated way to do it,” said Karen Pollitz, a senior fellow at the Kaiser Family Foundation, who has studied such plans extensively and recently wrote a paper on vaccine mandate options. “In the middle of a pandemic, you want people to have health insurance. Why are you making it more likely they’re going to drop their health insurance?”But vaccination may prove different from other health behaviors that employers are seeking to change. Unlike weight loss or smoking cessation, vaccination does not require a long-term behavior change..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Jeff Levin-Scherz, a population health leader at the consulting firm Willis Towers Watson, said he had his doubts.“Premium surcharges might make intuitive sense, but based on their structure they are unlikely to lead to a large increase in vaccination rates,” Mr. Levin-Scherz said. “The surcharge approach has no impact on employees who waive coverage, and the penalties will be disproportionately imposed on lower-wage workers.”At Delta, the surcharge is one of several new requirements for unvaccinated workers. Starting immediately, those employees will have to wear masks indoors. In about two weeks, they will be subjected to weekly coronavirus tests. Then, on Sept. 30, unvaccinated employees will lose protections intended to cover pay for work missed while having to quarantine.The airline, which is based in Atlanta, its biggest hub, has a lot of employees in a state with a relatively low vaccination rate. Just over half of Georgia’s adult population is fully vaccinated, according to data from the Centers for Disease Control and Prevention.Delta’s decision not to require the vaccine may also help it to avoid criticism from Georgia’s conservative lawmakers, who have punished it in the past. In 2018, the state legislature voted to repeal a tax break on jet fuel after Delta ended a discount for members of the National Rifle Association, but the governor later ordered state officials to stop collecting the tax, effectively restoring the break. Lawmakers threatened to start collecting it again this year after Delta opposed new voting restrictions in the state.“It’s not an idle threat,” said Charles Bullock III, a professor of political science at the University of Georgia. “Doing this is probably more in keeping with where the Republican leadership would be,” he said of Delta’s approach on vaccination.American Airlines and Southwest Airlines, both based in Texas, have also not required vaccines. But United Airlines, which is based in Chicago, said this month that it would require vaccines, starting on Sept. 27.United’s chief executive, Scott Kirby, has lamented the dozens of letters he has had to write to families of employees who died from the virus. “We’re determined to do everything we can to try to keep another United family from receiving that letter,” he and Brett Hart, United’s president, told employees this month.One industry that has achieved high employee vaccination rates is Nevada’s casinos. State regulators allowed casinos to operate at full capacity once at least 80 percent of employees had received at least one shot of a coronavirus vaccination, a threshold some big properties achieved. Last week, MGM Resorts went further and said Covid vaccination would be a condition of employment for all salaried employees and new hires.“Vaccination is clearly the most effective tool in battling the pandemic, and it is one of our top priorities,” said Brian Ahern, a spokesman for MGM.Culinary Workers Union Local 226, which represents many casino workers, supports the mandate. “We would support stricter mandates, as the vaccine is the only way we can get through this pandemic,” Bethany Khan, director of communications and digital strategy for the union, said in an email.Peter Eavis More

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    Covid Variant Adds to Worker Anxieties

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    Some see an undue rush by employers to get workplaces back to normal, whether by dropping precautions or imposing new rules.When Kelly Harris, a personal grocery shopper in Steubenville, Ohio, was vaccinated in March against Covid-19, it was a huge relief. “I felt the weight of the world off my shoulders,” she said.Her sense of relief has turned to dread. After most supermarkets eased masking requirements in May, mask wearing plummeted in her area. She worried about bringing the virus home to her school-age children.Then, as the Delta variant proliferated in recent weeks, her anxiety levels spiked again. “I try to stay away from everybody and use self-checkout,” she said. “It has me pretty stressed out.”Judging from the policies of the stores Ms. Harris frequents, many employers appear to regard the recent increase in Covid infections as a mere blip on the long-awaited road to normal.Some companies have intensified their efforts to return to a pandemic before-times, easing safety protocols while expecting employees to return to previous routines.But for many workers, the perception is quite different: a sense of rising vulnerability and frustration even for the vaccinated, who find themselves inundated with stories of breakthrough infections and long Covid.The gulf between employers’ actions and workers’ concerns appears to foreshadow a period of rising tensions between the two, and unions appear to be positioning themselves for it. Some unions are calling on companies to do more to keep members safe, while others are questioning new vaccination requirements. The two positions may seem at odds, but they send a common message: Not so fast.“I think we’re rushing to return to normal,” said Marc Perrone, the president of the United Food and Commercial Workers, which has over one million members in industries like groceries and meatpacking.Many workers complain about a mismatch between plans their employers appear to have made before the rise of the variant and the reality of the past few weeks.For much of the pandemic, Amazon has offered free on-site Covid testing for employees. It incorporated a variety of design features into warehouses to promote social distancing. But a worker at an Amazon warehouse in Oregon, who did not want to be named for fear of retribution, said there had been a gradual reduction in safety features, like the removal of physical barriers to enforce social distancing.Kelly Nantel, an Amazon spokeswoman, said that the company had removed barriers in some parts of warehouses where workers don’t spend much time in proximity, but that it had kept up distancing measures in other areas, like break rooms.“We’re continuously evaluating the temporary measures we implemented in response to Covid-19 and making adjustments in alignment with public health authority guidance,” Ms. Nantel said. She added that the company would “begin ramping down our U.S. testing operations by July 30, 2021.”At REI, the outdoor equipment and apparel retailer, four workers in different parts of the country, who asked not to be named for fear of workplace repercussions, complained that the company had recently enacted a potentially more punitive attendance policy it had planned to put in place just before the pandemic. Under the policy, part-time workers who use more than their allotted sick days are subject to discipline up to termination if the absences are unexcused. The workers also said they were concerned that many stores — after restricting capacity until this spring — had become more and more crowded.Halley Knigge, a spokeswoman for REI, said that under its new policies the company allowed part-time workers to accrue sick leave for the first time and that the disciplinary policy was not substantively new but merely reworded. The stores, she added, continue to restrict occupancy to no more than 50 percent capacity, as they have since June 2020.Workers elsewhere in the retail industry also complained about the growing crowds and difficulty of distancing inside stores like supermarkets. Karyn Johnson-Dorsey, a personal shopper from Riverside, Calif., who finds work on Instacart but also has her own roster of clients, said it had been increasingly difficult to maintain a safe distance from unmasked customers since the state eased masking and capacity restrictions in mid-June.“You have whole families who are picking out a pound of ground beef,” she said. “Children who are not vaccinated because of age are touching everything, not masked, either.”Amazon’s warehouse on Staten Island. Workers at Amazon have become concerned in recent weeks that the company is overly eager to wind down safety measures.Chang W. Lee/The New York TimesMs. Johnson-Dorsey, who had Covid last year and was vaccinated in March, said that what she was encountering in stores had become a major source of worry as the Delta variant spread. “I think it’s just showing that maybe we jumped too quickly to try and beat this imaginary deadline,” she said.On Tuesday, after the Centers for Disease Control and Prevention provided new guidance on masking, some employers said they would adjust their policies as warranted.“We’d always defer to state and local ordinances on capacity and masking mandates,” said a spokeswoman for Albertsons, which also owns Safeway and Jewel-Osco. “We don’t have a national mandate on capacity at this time.”Ms. Harris and Ms. Johnson-Dorsey, the personal shoppers, do not belong to a union, but Bob O’Toole, the president of the food workers local in Chicago, which represents more than 15,000 workers in the grocery, meatpacking and food-processing industries, said many of his members shared their sentiments.“The employees don’t feel as though the employers are doing anything to enhance safety after so many precautions were relaxed,” he wrote in a text message..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Mr. Perrone, the international president for the food workers union, said in a statement on Tuesday that the new C.D.C. guidance wasn’t sufficient and urged a national mask mandate.Public-sector workers, too, have expressed safety concerns as officials move to get government services back to prepandemic norms. In Chicago, Mayor Lori Lightfoot recently brought back office-based city employees who had been working remotely during the pandemic.But one of the unions representing them, the Illinois council of the American Federation of State, County and Municipal Employees, has argued that more needs to be done to space workers apart and improve ventilation.“The workplaces where those people work could be sources of transmission because we live in a cubicle world where people are often very close together,” said Roberta Lynch, the union’s executive director in the state. “We want to ensure that people who have high-risk work locations are able to work safely.”A spokeswoman for the mayor did not respond to a request for comment.The Office and Professional Employees International Union, which represents nurses who are increasingly subject to vaccine requirements around the country, is unlikely to take a position on the mandates per se but will seek to have a voice in setting policy to guarantee that employees are treated fairly, said Sandy Pope, its bargaining director. For example, the union wants to ensure that no workers are disciplined or fired for refusing the vaccine if they have legitimate reasons for doing so.“We will demand to be consulted on these things,” Ms. Pope said. “I know a couple of members who have legitimate health issues that have prevented them from being vaccinated.”The union, which also represents clerical workers at insurance companies, credit unions and universities, has employee-management committees pushing to arrange adequate ventilation systems for workers, with mixed results, she said. She added that the union was preparing for a potential standoff in September, when many employers have said they will end hybrid work arrangements and require full-time attendance.“I think that’s going to be the big fight,” Ms. Pope said. “A number of employers had September as the target date.”The Culinary Workers Union, which represents casino workers in Las Vegas, has been calling for the return of a mask requirement for all customers indoors since Nevada relaxed the rule in May.John Locher/Associated PressBy contrast, the United Automobile Workers union said it was working with major automakers through a Covid task force to help make safety decisions. General Motors and Ford Motor both recently reinstituted masking for all employees at separate sites in Missouri, and Ford reinstituted masking at offices in Florida, after the companies assessed virus-related data in those regions. And a number of employers, including Amazon and the meat processor JBS, have had vaccination facilities for workers on site.Some unions may have been spared a fight by the C.D.C.’s move on Tuesday. In Las Vegas, the Culinary Workers Union, which represents casino workers, has been calling for the return of a mask requirement for all customers indoors since Nevada relaxed the requirement in May. The casinos had not heeded the call, but after the C.D.C. announcement, the state said it would reimpose an indoor mask mandate.In other cases, a reckoning still looms. The federal government’s mask mandate on airplanes is set to expire after Sept. 13, and unions representing airplane personnel are uneasy about the possibility that it will lapse, though Tuesday’s C.D.C. announcement suggests it may be more likely to be extended. The unions have applauded the airlines for moving to stop the spread of the coronavirus on airplanes by installing more sophisticated air filtration systems, but maintain that they are not sufficient.“Filtration is helpful for circulated air in the cabin,” said Sara Nelson, president of the Association of Flight Attendants. “But it doesn’t stop the general spread from one person to another sitting six inches apart.” More

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    Delays, More Masks and Mandatory Shots: Virus Surge Disrupts Office-Return Plans

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    A wave of the contagious Delta variant is causing companies to reconsider when they will require employees to return, and what health requirements should be in place when they do.Several hospital systems that previously held off making vaccines mandatory for health care workers are now willing to do so. Google employees in California who have voluntarily returned to the office are again wearing masks indoors. Goldman Sachs is considering whether to reinstitute testing for fully vaccinated employees in the company’s New York City offices, according to a person familiar with the situation who spoke on the condition of anonymity because nothing had been decided. And on Monday, Apple told its work force that it would push back its return-to-office date from September to October.When companies began announcing tentative return-to-office plans this spring, there was a sense of optimism behind the messages. Covid cases were dwindling in the United States as the vaccine rollout picked up pace. Employers largely hoped their workers would get shots on their own, motivated by raffle tickets, paid time off and other perks, if not by the consensus of the medical community.In recent days, that tone has suddenly shifted. The Delta variant, a more contagious version of the coronavirus, is sweeping through the country. Fewer than half of Americans are fully vaccinated, exacerbating the situation. Nationally, the daily average of new coronavirus infections surged 180 percent in 14 days to 45,343 by Thursday, and deaths — a lagging number — are up 30 percent from two weeks ago, to nearly 252, according to New York Times case counts. Vaccines are still unavailable for children under 12, many of whom are preparing for an in-person return to school this fall.America’s business leaders are being forced to decide whether to reverse reopening plans or to mandate vaccinations.George Etheredge for The New York TimesIt all adds up to a difficult calculation for America’s business leaders, who hoped the country would already be fully on a path to normalcy, with employees getting back to offices. Instead, individual companies are now being forced to make tough decisions that they had hoped could be avoided, such as whether to reverse reopening plans or institute vaccine mandates for employees. All the while, they continue to grapple with the unpredictable nature of the pandemic.“It’s emotionally draining on all of us, and it drives the top management teams crazy,” said Bob Sutton, a psychology professor at Stanford University who studies leadership and organizations. He said some executives he had advised were “pulling their hair out” over what to do.For employers wary of the legal ramifications and political backlash of mandating a vaccine, the tide has begun to turn, if ever so slightly.“At the beginning, there were a lot of employers that were concerned about jumping in too soon and being the one out front — it is a divisive issue,” said David Barron, a labor and employment lawyer at the law firm Cozen O’Connor. “The calculus starts to shift a little bit when you see another spike.”Mayor Bill de Blasio of New York on Friday encouraged private employers to require workers to get vaccinated. He also said the city might broaden the number of city workers required to get vaccinated or to be tested weekly.Recent court decisions have upheld employers’ rights to require vaccinations, including a ruling that said Houston Methodist Hospital could require health care workers to get shots. On Monday, a federal judge ruled that Indiana University could require students to be vaccinated as well.At a vaccination center in New York. Vaccine mandates are still far from the dominant approach that executives are taking.Kevin Hagen for The New York Times“The legal authority continues to line up on the side of employers being allowed to mandate vaccines if they choose to,” said Douglas Brayley, an employment lawyer at the global law firm Ropes & Gray.When Twitter reopened its San Francisco office this month at 50 percent capacity for those who wanted to go back, only vaccinated workers were allowed inside. In June, a civilian group that oversees the Los Angeles Police Department was examining the possibility of requiring police officers to get shots. And numerous colleges have required students and staff to be fully inoculated before they step foot on campus in the fall.“The recent news of Delta surging in some places is just adding to that determination to be as safe as we possibly can,” said Tim Killeen, the president of the University of Illinois System, which instituted a vaccine requirement Wednesday.Novant Health, a North Carolina-based health care company with more than 35,000 employees, said Thursday that it would make vaccinations mandatory for its workers by Sept. 15. Its efforts to overcome vaccine hesitancy through education and making shots easily accessible had stagnated.“Now that almost four billion doses of vaccine have been given around the world, and we see that it’s safe and effective, we see that the Delta variant is obviously here, and we have it in our communities, and that almost all the patients being added to our hospitals are unvaccinated, the time was right to say, ‘We’ve got to move forward with requiring vaccines of our team members,’” Dr. David Priest, the company’s chief safety officer, said.For others, high voluntary vaccination rates among employees have made requiring the shot simpler. Morgan Stanley, the investment banking firm, is requiring employees and guests at its New York offices to be fully vaccinated, according to a person familiar with the situation who spoke on the condition of anonymity to discuss company protocols. By the time it imposed the mandate in June, 90 percent of its employees were vaccinated.Vaccine mandates are still not the approach that most companies are taking. And the risk that the coronavirus poses to much of the population is far from what it was at the worst of the pandemic. New cases, hospitalizations and deaths remain at a small fraction of their previous peaks, largely localized to areas with low vaccination rates. Vaccines remain effective against the worst outcomes of Covid-19, including from the Delta variant.“The big question is not so much ‘Can we keep workers safe in our buildings?’ but ‘Will workers feel comfortable enough coming back, even if good controls are in place?’” said Joseph Allen, an associate professor at the Harvard T.H. Chan School of Public Health who advises companies on Covid-19 strategies. “There’s a renewed anxiety that maybe started to dissipate in the spring — but it’s back.”When Twitter reopened its San Francisco office at half capacity for those who wanted to return, only vaccinated workers were allowed inside.Cayce Clifford for The New York TimesThat tension may make it more difficult to persuade workers to return to the office. In California’s Silicon Valley, tech companies largely embraced the new era of remote work during the pandemic. But not all have been eager to let their employees stay home for good..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}In June, Apple’s chief executive, Tim Cook, told employees that they would be required to return to the office at least three days a week, starting in September. About 1,800 employees sent Mr. Cook a letter calling for a more flexible approach.He did not respond, but days later Apple posted an internal video in which company executives doubled down on bringing workers back to the office. In the video, Dr. Sumbul Desai, who helps run Apple’s digital health division, encouraged workers to get vaccinated but stopped short of saying they would be required to, according to a transcript viewed by The Times.The video didn’t sit well with some employees.“OK, you want me to put my life on the line to come back to the office, which will also decrease my productivity, and you’re not giving me any logic on why I actually need to do that?” said Ashley Gjovik, a senior engineering program manager.When the company delayed its return-to-office date on Monday, a group of employees drafted a new letter, proposing a one-year pilot program in which people could work from home full time if they chose to. The letter said an informal survey of more than 1,000 Apple employees found that roughly two-thirds would question their future at the company if they were required to return to the office. In Los Angeles, Endeavor, the parent company of the William Morris Endeavor talent agency, reopened its Beverly Hills headquarters this month. But it decided to shut down again last week when the county reimposed its indoor mask mandate in the face of surging case counts. An Endeavor spokesman said the company had decided that enforcement would be too difficult and would hinder group meetings.The employment website Indeed had been targeting Sept. 7 as the date when it would start bringing workers back on a hybrid basis. Now it has begun to reconsider those plans, the company’s senior vice president of human resources, Paul Wolfe, said, “because of the Delta variant.”Some companies said the recent spike in cases had not yet affected their return-to-office planning. Facebook still intends to reopen at 50 percent capacity by early September. IBM plans to open its U.S. offices in early September, with fully vaccinated employees free to go without a mask, and Royal Dutch Shell, the gas company, has been gradually lifting restrictions in its Houston offices, prompting more of its workers to return.Hewlett Packard Enterprise began allowing employees to return to its offices Monday, bolstered by a survey of its California employees that found 94 percent were fully vaccinated.“That gives us an added layer of comfort,” a company spokesman, Adam Bauer, said.Wells Fargo told its employees on July 16 that it would begin to bring employees currently working remotely back to the office on Sept. 7. But unlike banks that earlier called workers back with declarative language ringing in a new stage of the pandemic, the memo, sent by the bank’s chief operating officer, Scott Powell, had a notable degree of caution.“The timing communicated in this message is dependent on our assumption that the pandemic continues to remain stable or further improves,” Mr. Powell wrote. “We continue to actively monitor the situation and any developments, including new variants.”Reporting was contributed by More

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    How Times Reporters Investigated Amazon Employment Practices

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    A recent Times project that examined how the tech giant manages its workers took months of reporting and hundreds of interviews.Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.Last summer, amid a hiring spree at Amazon so gigantic it left historians struggling for comparisons, Karen Weise, a Times reporter who covers the company from Seattle, brought up a puzzling question to her editors. Approaching the million-worker mark, Amazon was on track to becoming the largest private employer in the United States. Yet, in spite of solid wages and generous benefits, it was quickly cycling through employees. Why?Executives had an “almost palpable fear of running out of workers,” she said later.In August, she got a call from Jodi Kantor, a Times reporter in Brooklyn who was talking to workers from a variety of industries who were struggling with strict rules about time and attendance during the pandemic. She wanted to look more closely at “time off task,” or T.O.T., Amazon’s practice of monitoring workers by the second and disciplining them for too many unexcused pauses.One hot day in a New York City park, Ms. Kantor met with Dayana Santos, an employee who had been repeatedly praised by her bosses but fired for too much T.O.T. during one bad day filled with mishaps she said were beyond her control. Ms. Santos’s story raised fairness questions, and a business one: Why would Amazon, voracious for workers, fire a good employee?Those questions led to a recent Times investigative report on the company that revealed systemic problems in its model for managing workers, such as unbridled turnover, minimal human contact, an error-plagued leave system, delayed benefits and mistaken firings.Ms. Santos had worked at JFK8 on Staten Island, a compelling setting for a potential investigation: the only Amazon fulfillment center in the nation’s largest city, operating under maximum pandemic pressure to deliver to homebound customers. Other media outlets had examined working conditions, injury rates and numerous other aspects of Amazon warehouses. The Times reporters, focusing on JFK8, had a different goal: to understand the connection between the company’s employment model and its astonishing success. They set out to chronicle Amazon’s core relationship with its humongous, growing work force — who got hired and fired, and the rules, systems and assumptions that governed everything in between.But JFK8 was vast — about 5,000 employees in a space the size of 15 football fields — and managers and human resources workers were reluctant to talk. Ms. Weise contacted corporate employees, many of whom never responded. To help tackle the huge project, Grace Ashford, a researcher on the Investigations desk, joined the team. Together she and Ms. Kantor spent many hours on the phone and at the bus stop outside JFK8, including on Prime Day, asking workers about their experiences.Often, Ms. Kantor and Ms. Ashford found that new hires were grateful for the pay but left after a few weeks. “Amazon was a lifeline for them, until it wasn’t,” Ms. Ashford said.Knowing that their requests to interview Amazon’s most senior executives were long shots, the reporters had to find creative ways of understanding the culture inside JFK8. They spoke with human resources staff and corporate leaders, who described Amazon’s glitchy, strained systems and the business challenge of maintaining staff during a public health emergency.Ms. Weise took masked walks with Paul Stroup, a data scientist who had tried to steer Amazon through the crisis but left thinking Amazon could do better by its workers. Ms. Kantor spent the fall shadowing Ann Castillo, who was struggling with Amazon’s treatment of her severely ill husband, a JFK8 veteran.Back office employees at a different location, in Costa Rica, described the partial collapse of the company’s leave systems early in the pandemic, leading to problems like halted benefits for Mr. Castillo.Data obtained through public records showed that Amazon’s overall work force was largely Black and Latino, but internal documents revealed that Black workers at JFK8 were disproportionately fired.After Ms. Santos, the worker fired for T.O.T., applied for unemployment, Amazon contested her benefits. In an obscure New York administrative court, the company filed internal policy memos that provided a rare inside glimpse of the T.O.T. system.After almost 200 interviews, a picture emerged of a company that “seemed far more precise with packages than people,” Ms. Kantor said. Amazon had tried to grow its business quickly by creating a giant semi-automated machine for hiring and managing — but that system often stumbled.Ms. Weise was able to confirm that while the company boasted of job creation, turnover at the warehouses was roughly 150 percent a year — a figure never reported before — meaning Amazon had to replace the equivalent of its entire warehouse work force every eight months.That number, and the entire project, took on deeper meaning when David Niekerk, the architect of Amazon’s warehouse human resources system, told her the turnover was more or less by design. Jeff Bezos, Amazon’s founder and chief executive, had sought to avoid an entrenched work force, fearing laziness and a “march to mediocrity.” So upward mobility and raises for warehouse workers were limited.As Ms. Kantor wrote and Ms. Ashford continued to report, Ms. Weise led a delicate, six-week effort to confirm the voluminous information in the story with Amazon and garner its responses. By then, the company had provided some input, including a tour of JFK8 by the general manager and an interview with Ofori Agboka, head of human resources for the warehouses, who defended Amazon but acknowledged that the company had leaned too heavily on technology and self-service.As part of the fact-checking process, the reporters repeatedly asked Amazon about the T.O.T. policy and Ms. Santos’s firing. Shortly before the article was published, Amazon announced an immediate policy change: No longer could someone be fired for one bad day. Ms. Santos and others were eligible for rehire.The article elicited a strong public reaction, tips from other employees who want to tell their stories and an outpouring of reader comments. (“It was not Bezos who made Amazon. It was all of us who bought from it,” one said.) On July 1, Amazon announced an addition to its leadership principles — critical guidelines for internal decisions and management — that focused on being a better employer.In coming months, the focus is likely to be on whether Amazon will change some of the practices that have propelled it to dominance, either because of internal action or outside force.“They say that broadly, their work force is happy, and their internal surveys say that more than 90 percent would recommend working at Amazon to a friend,” Ms. Weise said.“But 150 percent turnover in a year means that something isn’t working for many people.” More