I saw Bill Maher on Friday in an interview with former Mexican President Vicente Fox, lamenting that Bill Clinton and Arnold Schwarzenegger wouldn’t be able to face off as Presidential candidates due to Constitutional violations. “Isn’t that sad,” he said. For all his conceits as a free thinker, Maher represents a kind of baseline Hollywood groupthink when it comes to Arnold, reading the headlines and the magazine covers but never bothering to uncover the whole story. That story can be easily divined from this weekend’s veto massacre. In addition to stopping the California DREAM Act, he vetoed needed legislation for the state’s migrant farm workers, allowing them to organize through a “card check” system. He even disabled a bill that would have added a sunset clause to the card check system, making it ever harder for them to organize and support themselves and their families. Here’s another bill that went down the drain:
On Saturday, another bill was vetoed, AB 377, by Assemblymember Juan Arambula (D-Fresno). It would have required an employer who is a farm labor contractor to disclose in the itemized statement furnished to employees up to five names and addresses of the legal entities that secured the employer’s services.
According to the sponsor of the bill, the California Rural Legal Assistance Foundation more than 40,000 California farms grow fruits and vegetables on almost four million acres in this state, so it is not surprising that a 2006 survey of Central Valley farm workers found that 70% could not identify the name of the farm they were working on.
The same survey found that 56% had not been paid the minimum wage when working on a piece rate; 31% had not been paid all the overtime they were owed; and that 42% had unexplained deductions made from their pay. Between 60% and 80% of harvest work is done by labor contractors. Without being able to readily identify the farm who hired the contractor, enforcement actions against the contractor are unlikely to either make the worker whole for wages owed or to have any deterrent effect at all against a grower who shares legal responsibility for the contractor’s labor law violations.
So while Governor Schwarzenegger told the hundreds of farm workers who were at the Capitol in September that he was supportive of their goals, in the end, he vetoed these bills and sided with agribusiness.
Indeed, this is part of a persistent pattern by the Governor to make life harder for working families while protecting the corporate interests that helped get him elected. Far from a governor of the people, he is simply a corporatist who has the backs of the elite. Because we don’t have a functioning political press, this contempt for the average Californian will probably not make it too far off the blogs and insider political circles. But they have real-world consequences that people will only discover when they are put in the situation that legislation could have covered, and they aren’t likely to connect the dots. A sampling of the pro-worker legislation that was vetoed:
• SB 549 (Corbett)-this bill would have protected the job of a worker taking time off to attend to the funeral of a family member.
• SB 727 (Kuehl)-this bill provided that employees covered by family temporary disability insurance (FTDI) could take the leave to care for a grandparent, siblings, grandchildren and parent-in-law.
• AB 537 (Swanson)-this bill expanded the definition of family under the California Family Rights Act (CFRA) to allow eligible workers to take job-protected leave to care for a seriously ill adult child, sibling, grandchild, or parent in law.
• AB 435 (Brownley)-this bill would have addressed harsh limitation periods on bringing certain wage discrimination claims. These claims are frequently brought by working women who have been underpaid relative to their male counterparts, and many of these women are struggling to raise kids in single parent situations.
• AB 1636 (Mendoza)-this bill would have expedited a job retraining voucher to disabled workers unable to return to their former jobs; workers such as these are struggling to adapt to replace the income needed for the family to survive.
• SB 936 (Perata)-this bill would have increased the benefits paid to permanently disabled workers over a 3 year period. Since 2004 these workers have seen their benefits slashed by 50% or more according to studies by University of California researchers. At the same time, insurer profits have exceeded all benefits paid to or on behalf of disabled workers; it’s a concept that is clearly not family-friendly. The families and kids of disabled workers suffer as they struggle to keep pace with the financial devastation of injuries.
AB 435 is the state version of the Lily Ledbetter Pay Act, attempting to remedy a horrible Supreme Court decision from earlier in the year. So Arnold is putting himself squarely in the position of Antonin Scalia, Clarence Thomas, John Roberts and Smuel Alito. This is our post-partisan “leader.”
Furthermore, he vetoed meaningful health care reform in AB 8, and put forth flawed legislation of his own that has no chance of coming out of the legislature, partially financed by the stupid, shortsighted practice of leasing the lottery to private interests.
I’d like to say that there’s an “on the other hand,” a couple bills Arnold allowed through that provide aid or comfort to the working class. But on these issues, he comes down squarely on the side of his corporate buddies. It feels like spitting into the wind to keep noting this. Maybe someday Bill Maher won’t have a big-time TV show, he’ll be working for his own retirement, and he’ll realize that he’s been screwed by this Administration. But I wouldn’t bet on it.
