During the pandemic shut-down, I worked remotely for an employer that required the use of my personal computer, phone, and internet for a year and never offered fair compensation for the use of my property. The employer repeatedly violated labor law concerning meals and breaks and wage theft. The employer demanded logging in and setting up work apps at least 15 minutes prior to scheduled start time and return after lunch but did not allow logging out 15 minutes prior to the end of the day. That is wage theft. Work related matters like professional development or soft skills training were required to be done on your lunch break; they were described as “brown bag” lunches. That violates lunch and breaks free from work. Their shared narrative about workers was that people are poor because they are lazy and will do anything to cheat the system. It sounds familiar, doesn’t it? Blame the people you seek to exploit for trying to cheat you. There is a second narrative that shapes their treatment of workers that I will describe later in this blog.
Even working remotely, a paternalistic environment of
distrust and discrimination permeated operations. The top-level managers were
male, the majority of task supervisors were male, and the majority of workers were
female. All tasks were processed by separate, very small “teams” of employees
who were not allowed to communicate with each other. Any such communication was
admonished and the workers scolded. If you took what a supervisor thought was
too much time to review a messy task you would see a pop-up message asking,
“what are you doing?” or “do you need help?” Supervisors, of course, had the
freedom to play with their kids, wash laundry, and order DoorDash while
overlording a “team” to ensure workers enjoyed no such freedom of movement. Instead of
focusing on serving people and getting the process right, supervisors tracked task
completion and monitored keyboard activity. Typically, correcting one task
created multiple additional tasks because the entire process was broken into
multiple individual but interdependent tasks yet no access to the overall
situation and feedback about how to improve the process was slapped away as offensive. The more task data the better to justify needing more funding which
effectively disincentivizes doing the right thing the first time which would
mean processing would be holistic rather than segregated.
To top it off, when the employer and a third-party
contractor transferred 10 years of data from an archaic system to a new one,
they left the connection open resulting in multiple private parties who had logged
on to the website for their own use to download that data into Excel
spreadsheets. Eventually, that data was discovered for sale on the Dark Web. It
would be reasonable to expect the employer to take responsibility for their
negligence and publicly report it so the thousands of people impacted by the
theft of their name, address, DOB, SSN, work history, education, and bank
account information could immediately lock their credit preventing fraudulent
transactions in their name. Yet, that is not what happened. Why did they not
disclose this security breach? Who the hell is this employer?
The employer was the Colorado Department of Labor and
Employment, Unemployment Insurance Division. And rather than serving as a
watchdog protecting workers, it serves as a lapdog for businesses. Businesses
pay into the unemployment insurance fund, workers do not. Once the money is in
the fund CDLE UI treats that money as the State’s asset and believes their
mission is to protect the State’s asset by every available means. It generates
burdens in the application process supposedly to filter out those who do not truly
need the assistance; consider misleading legalese on forms, confusing
instructions, automatic denial of benefits, administrative processes limited to
their 9 to 5 schedule instead of your availability. These are mechanisms used across
our tax-payer funded safety net programs as well. That approach alone calls for
an overhaul. But at least one reason we don’t address how we gauge need versus
greed is exposed in the labor department’s automatic bias in favor of the
businesses. Money and power buys elections and lawmaking.
The monetary relationship between business and the labor department is why the state confidently advertises itself as being “business-friendly.” It is why an employee can quit a job without giving a notice, per at-will employment, but be judged ineligible for unemployment insurance. It is why an employer can treat employees as sub-human, firing them for using sick leave or for needing time off to respond to a family emergency or for daring to walk away from an employer for treating them as less than human. It is why CDLE sets up clawbacks after emergency federal funding ends. These behaviors are rooted in old norms of the Industrial Age that judged workers as lazy and we didn’t have 1099 workers to the extent that we do now. CDLEs paternalism feels like living in the 1950s. Despite its age, it lacks a clear situational awareness of the labor environment. For example, CDLE was gob-smacked to learn there were hundreds of thousands of Coloradans working in non-wage jobs, and many of them working both W2 and 1099 jobs. This should call their jobs data into question at the very least, but that’s for a future post.
Returning to clawbacks, this was the most disturbing thing about CDLE, in my view. After September 4, 2021, CDLE sent notices to recipients to verify the dates and reasons for each weekly request for benefits they had made before a short deadline expired or they would be required to pay back the benefits. This occurred a year or more after the benefits were requested and went back to the beginning of the pandemic. People had gone back to work, and the media had warned of fraudsters using fake CDLE websites to contact benefit recipients. Nonetheless, no response generated a debt of tens of thousands of dollars per recipient who did not respond, required scheduling a bureaucratic hearing, and if absent from the hearing, sent to collection and or garnished from their wages and tax refunds. CDLE clawed back assistance to workers after the Great Recession that followed the housing bubble fiasco. Have they always done this to workers? This was the moment I began to understand why so many American workers, including Coloradans, are furious with government. A government that does not work for them or protect them from exploitation but serves the hand that feeds it. This explained how so many have been duped by a 1%er to elect him, to attempt an insurrection, to believe that immigrants are the cause of their hardship, and to re-elect him when the other party, the one that previously labeled them “a basket of deplorables,” hedged on issues important to all workers.
Since 2021, Colorado lawmakers created a program to pay unemployment
insurance benefits to undocumented W-2 workers and is one of fourteen states
that offer health coverage regardless of immigration status, including
undocumented. Policies like these are likely fueling current anti-immigration
tactics but without showing clear evidence for their actions. While there are a
lot of problems with our social safety net programs, not the least of which is
accountability in government administration, the reason for their existence is
related to labor law. To summarize, CDLEs attitude toward workers exposes who
they are and who they serve. CDLE judges. It doesn’t ask questions. It is a
machine built to protect businesses. Furthermore, the unemployment insurance
fund establishes a symbiotic relationship between business and the state, exclusive
of workers. We need to ask questions: Where does the state use the money? Is it retained for future benefits?
Is every penny of the fund retained, or just a percentage? CDLEs UI Fund ran
dry just 3 months into the pandemic. How is jobs data and unemployment data collected and how is it analyzed?
At the conclusion of Colorado’s legislative session this
year, the governor vetoed a record number of 11 bills meant to set rules
protecting Uber and Lift gig-workers, protect workers from wage theft, protect renters
from rent-hiking app algorithms, and uncomplicate the process of forming a workers’ union.
This record seems to confirm the pursuit of labor laws that favor business and government
oversight mechanisms that restrict access to assistance. Ethical leadership
matters. Government accountability and transparency is a fair expectation if we
will have a government of, by, and for the people. Coloradans deserve better.
All working people deserve better. How does your labor department treat workers
in your state? It matters. We need answers and accountability.

