A Casualty of the Gig Economy: My Life in the Brave New Workplace

A lot is written about the trendy, flexible perks of the gig economy. Sure, it can be “liberating,” if you have a husband or wife who is a high-powered lawyer or doctor and you can “gig” with abandon between sessions of binge-watching “Orange is the New Black,” but for those of us in single-income households, these new “alternative work arrangements” are nothing short of a nightmare that keeps us on the constant brink of financial disaster.

The gig economy is even harder on people over 50; we’re less likely to be able to slide into consecutive contract positions as effortlessly as workers who are in their 20s or 30s.

Last week, my latest “gig” ended prematurely, because the multi-billion dollar medical device company that had hired me just three months earlier decided to dump all the contractors in my business unit. This was the “first wave” of their third reorg in six months.

This was supposed to be a one year assignment…so much for honoring our contract. I didn’t see this one coming, because several managers had sent my manager unsolicited compliments about my work and I really liked it there.

I actually thought I had a shot of staying on and eventually becoming an FTE (full-time employee). My hiring manager even dangled that possibility during my interview. Huh…foolish mortal. At the end of the day, I was just another anonymous blip on some overcompensated executive’s spreadsheet.

Health care or wealth care?

This scenario was déjà vu all over again for me; the gig I had before this one — this time with a multi-million dollar health care system that is owned by a multi-billion dollar global chemical company (chew on that alliance for a while) — ended exactly the same way after only four months. Again, I was told this was a one year assignment, and again, I was caught under the wheels of a budget-cutting reorg.

It’s not just small- or medium-sized budget-conscious businesses that treat their workforce like the girlfriend they like to sleep with but will never marry, its billion dollar health care conglomerates, and equally flush Wall Street and Silicon Valley mega-employers.

If they can’t afford to hire people at a decent wage and provide benefits, who can? Of course they can; they just don’t. And they have our government’s blessing to treat us like disposable napkins…wipe and toss.

After a lifetime of steady, salaried middle-management employment, it’s hard to find yourself unprotected as an independent contractor. Gone are jobs that pay a living wage that increase with time for work well done, humane work hours, job security, health insurance, pensions and other traditional benefits.

We no longer have rights or unions to protect us and keep us steadily employed. In fact, the globalist-owned media has been waging a successful propaganda campaign to demonize unions for years, while our politicians (beginning with Ronald Reagan) have been simultaneously gutting the rights of unions and union members.

This is a tragedy, especially since gig workers can go weeks (or months) without work and we live in fear of getting sick or injured, because if we can’t work, we can’t earn money. Frankly, I could use a strong union right about now.

And when we do find work, it’s usually through temp agencies we’ve never heard of (some are offshore). They place us and pay us (while taking a piece of every hour we work). All we can do is hope that, since they have our social security number and all of our proprietary information, that they don’t sell our identity to some cyber criminal or exploit it themselves.

What’s to stop them? I’m not aware of any protections in place. Again, this is not a priority for our “representatives” in government.

The curse of NAFTA

The table was set for our growing transient workforce with the passage of NAFTA (the North American Free Trade Agreement). We have Bill, and yes, Hillary Clinton to thank for this travesty. NAFTA gave greedy corporate chieftains access to unlimited cheap, offshore labor and officially placed the middle class American worker on the extinction list.

The post-NAFTA war against the middle class began when companies started getting rid of our pensions; phase two involved outsourcing tech support and customer service to countries that provided cheap offshore labor for U.S.-based companies.

Eventually, with the assistance of bought-off members of Congress, greedy corporate titans started bringing in foreign workers through H1-B visas. The rationale was that there weren’t enough qualified people in this country to fill the many “jobs” they were creating.

This is a lie, as the recent Disney IT employee fiasco proves (they let go of their U.S. IT team, imported foreign workers to fill the positions at lower wages, and forced the displaced workers to train their replacements or forfeit their severance packages).

Other companies have, and continue, to follow Disney’s example. Mainstream media has (surprisingly) covered this issue, and still not a peep from Congress or Obama.

Elizabeth Warren did recently mention the need to address this issue, but to date, she hasn’t introduced any legislation to remedy the situation, so who cares what she thinks? She’s paid to fix these things. So, get to steppin’ Betty.

To make things worse, our taxes are used to provide these companies with subsidies. So, essentially, we’re paying for our own funeral.

More than half of all jobs created since 1995 were non-standard jobs, which include part-time workers, contract workers or self-employed people, according to a report published in May 2015 by the Organization for Economic Cooperation and Development (OECD).

While our politicians hammer us with wedge issues like gun control, whine endlessly about the “humanitarian” need to let in an an endless stream of unvetted refugees and pat themselves on the the back for enforcing the “Dreamer Act,” they ignore the plight of their constituents, the  American worker.

The American middle class is dying, and while Congress and Obama administer the last rites, it’s becoming obvious that there won’t be anyone left to attend the funeral.

At my most recent “gig,” I worked with some people who had been employed for anywhere from six to 18 years. The only three people “hired” within the past year, including me, were contractors…not one FTE.

One of the “vested” employees often griped about the threat of her bonus being sub-par this year. She knew that I had a solid career as a salaried management employee until recently and that, despite being good at my job, I couldn’t find a similar role in this economy.

She sympathized with my circumstances, but I could tell she didn’t think she was at risk of experiencing a similar fate…after all, what happened to me only happened to “other” people, not her. I wish I could tell her that she’s right, but I know better. The reality is that if we all don’t push our representative to fix this now, my gig worker misery will have a whole lotta company soon.

Employee Wellness Program Privacy: Biometric Screening Tyranny

If you went back in time 20 or more years ago and told the people back then that in the near future employers would force them to take a blood test or they would lose their health insurance coverage, I’m sure they’d laugh and assume you were citing some obscure subplot from Orwell’s 1984.

You see, not too long ago, if such a widespread policy was proposed, people would have been outraged and protests would have broken out nationwide to put an end to such a blatant invasion of privacy.

Not so in 21st century America. It looks like all the GMOs we eat, the fluoride in our water and the toxic mercury- and formaldehyde-laced vaccines we take willingly (or not so willingly, if you live in California) has left us brain damaged and semi-comatose.

We know our smartphones and TVs have taken a chunk out of our IQs, which may explain why 10 percent of college grads now believe that Judge Judy is a Supreme Court justice and some Americans think that Martin Luther King was the first black man on the moon. How else can we explain this epidemic of apathy and ignorance when it comes to our rights and freedoms?

We should have known we were in trouble when poor Edward Snowden hung his life out on the line to warn us about the criminal intrusiveness of our government only to have many Americans just shrug and say, “So what? I’ve got nothing to hide.” Hell, these pod people even parroted the government propaganda that he was a traitor.

I’m sure Snowden was even more shocked by our zombie-like reaction to our government’s widespread violation of the Fourth Amendment than he was when he discovered the extent of U.S. government surveillance. He obviously overestimated our present capacity for outrage and action.

So it should come as no surprise that corporate America wants to get in on the invasive fun. And why not? With health insurance premiums skyrocketing, it was only a matter of time before they would exploit our complacent idiocy by persuading employees to willingly submit to biometric screenings that measure blood pressure, weight, waist size, body mass index (BMI), cholesterol levels and other health vitals, or risk paying health coverage surcharges (as smokers already do) or losing coverage altogether.

So what if these wellness programs violate Equal Employment Opportunity Commission (EEOC) laws or the protected health information (PHI) provisions of the Health Insurance Portability and Accountability Act (HIPAA)? You’ve got nothing to hide, right? And, gee, what’s wrong with getting healthy and getting a discount on your employer health insurance coverage?

The Gift of Obamacare: Making Private Health Information Public

As if the Patient Protection and “Affordable” Care Act (ACA) wasn’t bad (and unconstitutional) enough by forcing you to buy health insurance from a private company under threat of tax penalties (?), we can also blame Obamacare for the explosion of invasive employee wellness screenings.

Surprised? Don’t be. After all, the ACA was written by the insurance companies and Jonathan Gruber, an arrogant, elitist jerk from MIT who laughed and admitted that the stupidity of American voters made this mess possible.

One would have thought that the Gruber fiasco would have been enough to inspire public outrage and force a repeal of Obamacare…but, again, you’d be overestimating the pod people who have body-snatched millions of once spirited, freedom-loving Americans.

The ACA helped advance the notion that healthy lifestyles would control health care costs; what seemed like harmless, even positive, rhetoric at the time has now been exposed as just another privacy-invading, money-making venture. It’s always about taking your money and invading your privacy with these clowns.

Anyone who has had a screening or physical in recent years knows that these examinations are designed to do one thing and one thing only…to make you a lifelong dependent on some hideously overpriced pharmaceutical drug that has 29 potentially lethal side effects (and the more drugs they can prescribe, safely or not, the better).

In 2014, 95 percent of employers had a health risk assessment, biometric screening or some type of wellness screening program in place, and 74 percent of the programs dangled an incentive carrot to get employees to participate (comply) usually a modest discount in health plan premiums.

Such high adoption rates by employers mean that these programs will now likely determine the course of your career. Good luck climbing the corporate ladder after your boss learns that you’re on an anti-psychotic and three blood pressure medications.

It’s Voluntary…Until it’s Not

Even if your company’s wellness plan is voluntary now, don’t be fooled. That’s how it always starts. Like a lot companies, Flambeau, a Wisconsin-based plastic maker, introduced their “voluntary” wellness program as a way to lower their health care costs and cut down on employee sick days.

But since wellness programs need high participation rates in order to get the best bang for the corporate buck, when participation rates are low, some companies are motivated to take off the kid gloves and make it a requirement for keeping insurance coverage. That’s what Flambeu did, and one employee who refused to participate in Flambeau’s program filed a complaint with the EEOC.

The Flambeu lawsuit is one of several such cases working their way through the legal system these days. The EEOC’s main argument in the Flambeu suit, and others like it, is that forcing employees to participate in wellness programs, especially when they involve biometic screening or health assessments,  violates the Americans with Disabilities Act (ADA). The ADA prohibits companies from obtaining personal health information from employees or requiring that they submit to a medical exam. End of story, right?

Not so fast. For some reason, the U.S. District Court in Wisconsin didn’t see it that way. They ruled that data collected through wellness programs doesn’t violate the ADA. The EEOC is reviewing the decision, whatever that means.

Biometric Gene-ings and GINA

While the EEOC is leveraging ADA protections in its wellness program lawsuits, it’s also citing the Genetic Information Nondiscrimination Act (GINA), as it did in its suit on behalf of employees of Honeywell. Under GINA, employers are prohibited from requesting genetic information from employees, especially when that information is tied to health insurance coverage.

Honeywell employees turned to the EEOC after they balked at participating in the company’s wellness program and were slapped with a fat insurance premium surcharge. Employee spouses weren’t spared either; they were hit with a $1,000 tobacco surcharge for not coughing up their DNA, whether they smoked or not (guilty until proving innocent?).

Smokers know a thing or two about health insurance tyranny. Our poor, nicotine-addicted social pariah friends are always convenient canaries in the coal mine when it comes to test driving civil rights violations.

The EEOC cited both the ADA and GINA in the Honeywell case. And while the Minnesota District Court denied the EEOC’s request to issue a temporary restraining order against Honeywell’s wellness program, in its decision, the court expressed some concern as to how  the ACA wellness directive would jibe with the ADA, GINA and other privacy laws. Ya think?

The courts are all over the place in these decisions (lower courts have handed out victories to both sides) and it’s hard to say when, or if, definitive judicial determination will ever emerge.

Employee Wellness Programs Can Hurt Your Credit Rating?

Another consideration: you may have noticed that your company hired an outside company to administer their wellness program. In addition to worrying that your boss will learn that you have high blood pressure, should you also be concerned that your info will be sold to a credit monitoring company or third-party marketer…and that your screening could affect your ability to get a car loan or mortgage in the future?

As it turns out, yes, you should be concerned, because wellness program vendors are not bound by HIPAA privacy protections.

If you read the fine print in their terms & conditions, you’ll find that many of these contractors have policies that allow them to share “identifiable data” with unidentified third parties “working to improve employee health.” Also, “de-identified” group health results are regularly shared with employers and researchers, and it’s been proven that this data can easily by “re-identified” and used for credit screening, marketing…or even… job displacement?

Think that Fitbit or other wearable fitness device makes you look cool? It turns out it also makes data mining your vitals that much easier. Nice, huh?

Health Care Employees VOLUNTEER their Protected Health Information

As an uninsured, underemployed freelancer, wellness programs didn’t ping my radar until recently when my client, a prestigious regional health care system, needed me to craft some employee communications regarding their wellness program.

The last time I was a full-time, salaried employee, employee wellness programs were strictly voluntary, so I didn’t give it a second thought. I quickly learned how much the ACA changed things.

Having worked in health care in some capacity for nearly two decades, I couldn’t believe that hospital personnel would agree to this madness. After all, these people would be terminated immediately if they violated a patient’s private health information, so why would they surrender their own private information? Shockingly, I learned many did just that.

I’m sure many workers realize this is a violation of their privacy, but they’re scared that if they don’t participate, they’ll end up on some undesirable human resources list (unfortunately, they’re probably right).

Others, who see themselves as being fit and healthy, may comply because they feel that they…wait for it… have nothing to hide.  Good for them, but what if someone has a condition that they have a right to hide from the world?

What if you’re bipolar or diabetic, for example? Or, what if you have either condition, but don’t know it yet? Would you feel comfortable having your boss find out at the same time that you do? And how confident are you that you’d survive the next mass layoff if your biometric screening places you outside “normal” health levels in one or more categories? After all, there’s no way to prove that your condition would have had anything to do with your termination.

Don’t think for one minute that today’s corporate tightwads won’t weigh your health status when deciding if they want, or need, to part company with you, especially if they know that your fat medical bills will go with you.

Unfortunately, these days, the government and large employers don’t have to try too hard to push us toward controlled serfdom; they’ve handed us the shovel and we’re digging our way there ourselves, thank you. The powers that be have no need to fear torch and pitchfork mobs in the U.S. anymore.

No, the freeze-dried American zombie masses are content to drink beer, obsess over football and reality TV (our modern day bread and circuses) and to silently go along to get along. I guess as long as we have “nothing to hide” and Judge Judy is sitting on the Supreme Court, we have nothing to worry about.

 

American Workers Thrown Under the Omnibus Spending Bill

 

It’s less than a week before Christmas, so it must be time for Congress to perform yet another hate crime against the American people…the people they were hired to represent (but rarely do). As always, they try to slip through the most revolting legislation in the dead of night, preferably on a holiday, when they hope most of us will be too drunk on eggnog to pay attention. I’m surprised they didn’t pull this latest legislative abomination on Christmas Eve, actually. Maybe they were counting on all of us to be blinded by light sabers after watching the latest Star Wars sequel.

At 2 a.m. Wednesday morning, Paul Ryan, unveiled a trillion dollar omnibus spending bill to his colleagues that included a number of jaw-dropping provisions; many of which further assaulted U.S. workers and our ability to find and retain meaningful employment. Basically, the bill:

  • Strips protections for low-wage American workers
  • Quadruples the number of foreign workers in the U.S. through the H2-B visa program

Meet the new boss…same as the old boss…

Paul Ryan, the overwhelming choice for House Speaker (by both democrats and republicans) after John Boehner was “smoked out” a few months ago, has now ably demonstrated that the more things change, the more they stay the same.

If they ever consider making another “Despicable Me” sequel, Paulie can throw on a gender-neutral, yellow minion costume and drag on Boehner’s nicotine- and alcohol-stained coattails, while obediently squeaking incoherently.

Wedged into the 2,000 page bill was a provision that allows employers to import up to 264,000 low-wage foreign workers under the H2-B “guest worker” program; this more than quadruples the 2015 maximum of 66,000. The program allows these low-skilled “seasonal” workers to stay for up to 10 months.

Apparently, Congress thinks that there are an awful lot of jobs that Americans won’t do. We know otherwise. Up to 200,000 blue collar hotel, construction and other service industry workers could find themselves out of work without re-employment options. The omnibus bill not only allows employers to set migrant worker wages, it also allows them to cut the hourly wages paid to American workers. How’s that for representation?

The bill was passed by the House (by a 2-1 margin) just days after the Pew Research Center reported that the American middle class is indeed shrinking, and just weeks after another recent Pew Research poll found that 83 percent of American voters want to see the level of immigration frozen or reduced.

Sen. Jeff Sessions (R-Ala.), expressed his exasperation in a passionate speech on the House floor; he chided his colleagues for readily supporting the bill, despite the fact that the nation’s labor force participation rate is at just 62 percent.

“The people sent us here (Washington) to protect their interests,” Sessions said. “They did not send us here to bow down to the president’s lawless immigration policies or to line the pockets of special interests in big business.”

https://www.youtube.com/watch?v=PBqrWL3h9-g

Sadly, Mr. Sessions…that’s just what they did. The hubris of this group is unbelievable. How long will we allow this to go on?

The End Justifies the Memes: Candidates Run for Two Years as U.S. Workers Feel the “Bern”

We are one year away from the 2016 presidential election, yet we are already a full year into the campaign. The memes are pinging both sides of the political aisle, cleverly goofing on Trump’s ego or comb over, Bernie funding his social programs with pixie dust, or Hillary’s endless email server boondoggle.

Lost in the meme-ification of our thought processes, however, is deep thought and action. We are prone to McNuggeting our political acumen in 140 characters or less or through memes, which is why it comes as no surprise that most of us don’t get off our asses and call or email our so-called elected representatives and tell them to stop running for president long enough to walk through some legislation that will help boost our stagnant economy and improve our ability to make a living.Memes Presidential Election

No, we’ll just laugh create or laugh at the memes that depict the ugliness of today’s American economic landscape and let someone else do the heavy lifting. Disney is laying off qualified employees to import cheap overseas labor? There’s a meme for that. Robots are replacing workers at Lowe’s? There’s another meme. Uber is calling its driver employees contractors? There are plenty of memes dedicated to that…and on and on…

While you’re meme-ing, here’s what you’re missing: For close to a year, a handful of “sitting” members of Congress or governors have been running for the highest position in the country, CEO of the North American Union (I’m upgrading the title, because I’m sure the TPP will pass before the election and that is what the presidency will ultimately become).

These tax payer-funded, elected representatives are taking a two year paid break from their day jobs to lobby billionaire sponsors to bankroll their almost certain failed run for president.

Outside of Marco Rubio, some may show up once in a while to vote for a bill that their corporate lobbyists wrote, and there’s a slight chance they may even read the legislation before they propose or vote on it.

They definitely show up to vote for some bills, like the Keystone Pipeline bill (nine or 10 times? I lost count), or legislation that supports expanding the surveillance state, military spending or other issues of importance to their transnational sponsors. No love for the average American worker though.

On occasion their corporate “handlers” help them out by instructing them NOT to read or reveal details of certain legislation, as was the case with Obamacare, or as is currently the case with the totally toxic, job- and economy-destroying TPP. Why are we paying these guys, again?

Not one of these candidates has taken a break from the campaign trail long enough to draft legislation that will help the working stiffed in this country now. Actually, when was the last time any member of Congress wrote a bill themselves? The seventies? Again, why are we paying these guys?

We’re told to wait until they’re elected president a year from now and then they will miraculously persuade Congressional members from both parties to support their vision for a better America…yeah, right. What’s the definition of insanity? Doing (or voting for) the same thing over and over again and expecting a different result.

We elected these people to serve us now. I’m talking to you, Marco, Rand, Bernie, Ted and Chris. You say you’re worthy of the presidency? Show us. Don’t tell us what you’re going to do a year-and-a-half from now, while you spend your days looking for campaign money and kissing babies; write and propose legislation that can help the struggling American worker now…today.

I’m already “feeling the bern” and can’t wait for 2017, and neither should you. There’s a meme in there somewhere, right?