AUGUSTA, Maine - Consumer-rights groups are celebrating this month's decision by the Consumer Financial Protection Bureau to stop payday-lending debt traps, although they say there's more work to be done.

The new rules require payday lenders to start verifying a borrower's ability to repay a loan before rolling it over into a new loan. Maine already has some consumer protections in place, but Jody Harris, associate director of the Maine Center for Economic Policy, said the payday-loan industry is notorious for finding ways around them.

"In Maine, many of them operate online, under the radar. They ignore our laws; they claim the laws don't apply to them, because they're out of state," she said. "So, I think what this rule will do is, it will help Maine enforce its existing, really strong consumer protections."

In states that put caps on payday loans, Harris said, the interest rate can run as high as 36 percent, but in Maine it is 30 percent. Supporters of payday lending argue that this type of short-term loan offers credit and flexibility to people in financial distress.

Maine also requires that payday lenders be licensed and post a surety bond, but Harris said the industry makes constant efforts to find loopholes it can squeeze through.

"Last year, they tried to pass a bill that would authorize high-interest, long-term loans," she said, "and it would have also allowed them to charge a new origination fee, and a new monthly maintenance fee, which Maine doesn't allow."

That legislation was unsuccessful. Meanwhile, in Congress, conservatives are expected to try to repeal the new rule before it even goes into effect in July 2019. Next year, President Trump will get the chance to nominate a new head of the CFPB. Its current director, Richard Cordray, is a holdover from the Obama administration.

Information on the rule is online at consumerfinance.gov. Information on the bill in the Maine Legislature, SP 385, is at mainelegislature.org.


get more stories like this via email

The National Labor Relations Board recently issued a rule change that may have wide-ranging impacts for workers and businesses.

The update to the joint employer rule would require parent companies to negotiate collective bargaining agreements with employees even when using a staffing agency or subcontractor.

It also means franchisors and franchisees can both be held liable for unfair labor practices.

This replaces a Trump-era rule change that made it easier for companies to avoid a finding of joint-employer status.

Brian Petruska - general counsel with the mid-Atlantic regional organizing coalition of the Laborer's International Union of North America - said the rule change is a win for workers.

"It means that the employees' right to organize still is meaningful," said Petruska, "even in this modern world we live in with layers and layers of LLCs and corporations who are now defining the workspace."

The rule change now faces legal challenges including from the U.S. Chamber of Commerce, which filed suit against the board in federal court.

In a statement on its website, the Chamber says the rule change will "create chaos and more legal confusion that will harm both employers and workers."

The NLRB rule establishes that two or more entities may be considered joint employers of a group of employees when more than one entity possesses the authority to control employees' essential terms and conditions of employment.

The board says this change is more in line with established common-law agency principles.

Petruska said he sees opposition to the updated rule coming from a number of industries including restaurants, construction and hotels.

He also said the franchise business model will no longer insulate the parent company from labor issues.

"Now," said Petruska, "the fact that they have that control may cause them to be embroiled in local labor disputes that the franchisees are having with their employees."

The new rule will go into effect next February.

States such as Minnesota have seen a tidal wave of union organizing amid public support to improve pay and workplace conditions.

However, labor leaders acknowledge the slow growth of membership, prompting questions about the movement's future.

The Bureau of Labor Statistics says nationwide, the number of union jobs last year increased by nearly 2%, but the actual membership rate declined to 10.1%.

In a recent University of Minnesota panel discussion, Bernie Burnham -- president of the Minnesota AFL-CIO -- said the dynamics of organizing have changed, including smaller groups of employees pursuing contracts.

"Like in retail, there are a lot of places that use self-checkout," said Burnham. "So there are less workers in these stores and they're not going the traditional route, the old-school route of joining these bigger bodies that are the bigger unions."

Despite the differences, she suggests there's a lot of energy among the newer voices.

The experts added that corporations are taking a harder line on organizing and that under most laws, it's hard to enforce "anti-union" messaging.

Minnesota recently bolstered its laws, but some panelists noted most workers today don't come from a union household and could use more education and awareness.

Kathy Megarry, vice president for human resources and labor relations with the Metropolitan Airports Commission, suggested there are workers who want to see more value in the dues that are required.

"I have seen unions make actual political changes in terms of how they service their members," said Megarry, "put more money towards organizing, less money to servicing their members. That's a strategy. But then when you do not service your members well, I've seen that hurt some unions, not all."

She said that can be a hindrance for workers who sympathize with the cause but aren't ready to sign up for a union.

Meanwhile, the panelists said they see hope for more diversity within organized labor amid a shift from older white males leading organizing efforts.

They said having more women and people of color taking charge can potentially help with recruitment.

Pennsylvania needs more economic opportunities and a new report from the Keystone Research Center showed federal investments in climate and infrastructure projects would help grow a skilled construction workforce.

Diana Polson, senior policy analyst at the center, said the report revealed federal money would create thousands of trade jobs through expanding union construction apprenticeships leading to quality careers, as electricians, operating engineers, carpenters, and laborers.

"In Pennsylvania, for example, these apprenticeships train workers for jobs that pay more than most college-educated workers earn, and 61% more than the average worker in Pennsylvania," Polson pointed out. "Significantly, this training comes without any student debt."

Polson added Gov. Josh Shapiro wants to use 3% of the federal funds from recently signed climate and infrastructure laws to expand workforce development and apprenticeships. Shapiro's 2023-24 budget includes $6 million for the effort.

Polson noted President Joe Biden's Good Jobs Initiative seeks to embed job quality and equity incentives into the federal funding, to make sure apprenticeship and pre-apprenticeships benefit underserved communities. She called it a huge win all around, for the state, climate, for those communities, and taxpayers.

"We had shared this in the report, research has shown that for every dollar invested in apprenticeship $35 is returned to the government in higher tax collections, or reduced expenditures on public assistance or unemployment over the career of an apprentice," Polson emphasized. "These are huge returns on investments."

Keystone Research Center said the resources will lead to high-wage union construction careers. The center is holding a webinar today at 1 p.m. on construction apprenticeship programs in coal country, in Pennsylvania, Ohio, West Virginia, and Kentucky.