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They worked in sweltering heat for Exxon, Shell and Walmart. They didn’t get paid a dime.

This story was originally published by Reveal and is reproduced here as part of the Climate Desk collaboration.

A nationally renowned drug rehab program in Texas and Louisiana has sent patients struggling with addiction to work for free for some of the biggest companies in America, likely in violation of federal labor law.

The Cenikor Foundation has dispatched tens of thousands of patients to work without pay at more than 300 for-profit companies over the years. In the name of rehabilitation, patients have moved boxes in a sweltering warehouse for Walmart, built an oil platform for Shell, and worked at an Exxon refinery along the Mississippi River.

“It’s like the closest thing to slavery,” said Logan Tullier, a former Cenikor participant who worked 10 hours per day at oil refineries, laying steel rebar in 115 degree-heat. “We were making them all the money.”

Cenikor’s success is built on a simple idea: that work helps people recover from addiction. All participants have to do is surrender their pay to cover the costs of the two-year program.

But the constant work leaves little time for counseling or treatment, transforming the rehab into little more than a cheap and expendable labor pool for private companies, an investigation by Reveal from The Center for Investigative Reporting has found.

At some job sites, participants lacked proper supervision, safety equipment and training, leading to routine injuries. Over the last decade, nearly two dozen Cenikor workers have been seriously injured or maimed on the job, according to hundreds of pages of lawsuits, workers’ compensation records, and interviews with former staff. One worker died from his on-the-job injuries in 1995.

Labor experts say Cenikor’s entire business model might be illegal under federal labor law. The Fair Labor Standards Act requires all employees to be paid minimum wage and overtime.

“They have to look at a different way to run their business operation other than merely absconding with the workers’ wages,” Michael Hancock, a former Department of Labor official, said when presented with Reveal’s findings. “They’re being preyed upon.”

An ongoing Reveal investigation has exposed how many drug rehabs across America have become little more than lucrative work camps for private industry. Patients have slaughtered chickens on speeding assembly lines in Oklahoma and cared for residents at assisted living facilities in North Carolina.

Among these programs, Cenikor stands out. It has a long history of accolades from sitting lawmakers and judges and even former President Ronald Reagan. Last year, the Texas-based nonprofit earned more than $7 million from work contracts alone, making it one of the largest and most lucrative work-based rehabs in the country.

Bill Bailey, who as Cenikor’s chief executive officer earned more than $400,000 in 2017, repeatedly declined requests for comment. But in a statement, Cenikor officials said the work provides “a career path for clients to be hired by companies who traditionally do not hire those with felony convictions, allowing them to return to a life of being a responsible, contributing member of society.” They said they follow all state and federal laws.

Many Cenikor participants work for a network of subcontractors that then dispatch them to the major companies.

Walmart said it found Cenikor’s labor arrangement troubling and pledged to investigate.

“Our expectations are that all of our vendors follow both the applicable laws and regulations as well as our standards for suppliers,” Walmart said in a statement.

Exxon declined to answer specific questions, but in a statement said the company “contractually requires all of our suppliers to comply with all applicable environmental, health, safety, and labor laws for themselves and their subcontractors.”

Cenikor sent participants to work at an Exxon refinery in Baton Rouge, Louisiana. Julie Dermansky / Reveal

Shell did not respond to requests for comment.

Many participants said Cenikor saved their lives and equipped them for success. After 18 months in the program, participants can become eligible to receive wages and graduate with jobs, a car and the tools to build a promising life. But fewer than 8 percent of people who enter Cenikor make it to graduation, according to the program’s own numbers, and therefore never receive a paying job.

“It was just a money racket,” said former Cenikor patient Alester Williams, who checked himself in to Cenikor for help quitting alcohol and cocaine. “That place was all about manipulation and greed.”

Cenikor patients and staff said work came before everything else. Staff routinely canceled doctors’ and legal appointments in favor of sending patients to work, records show. Working up to 80 hours per week left little time for counseling, therapy, or sleep.

Like many participants, Ethan Ewers was ordered to complete Cenikor by a Texas judge after failing a drug test while on probation. Once he arrived, he said he worked 43 days straight in a sweltering warehouse unloading cargo containers for Walmart. One day in 2016, when he was bone tired and on the brink of relapsing, he finally snapped.

“I said, ‘You need to give me a day off because I can’t do this anymore,’ ” Ewers told Cenikor brass. “It was absolutely ridiculous.”

Multiple former staff members told Reveal that counselors routinely falsified counseling records to make it appear as though patients received more counseling than they did. During busy work seasons, some received no counseling at all.

Peggy Billeaudeau, who was the clinical director at Cenikor’s Baton Rouge facility from 2015 to 2016, said she got so fed up with the excessive work that she and her staff launched their own investigation. They pored over patient timesheets and painstakingly entered the hours into a spreadsheet. Billeaudeau discovered that many Cenikor patients were working 80-hour weeks and rarely received counseling.

She presented the evidence to top Cenikor officials at a staff meeting. “It was kind of like, ‘Peggy, don’t touch that with a 10-foot pole,’ ” she recalled. “It was about the money. Get the money.”

Some rehab staff have a financial incentive to work participants harder and longer, according to interviews. Former vocational services managers, who secured outside job contracts, said the more money they brought in, the larger their bonuses.

Cenikor managers had a compelling sales pitch. They promised companies cheap workers who were drug tested and always on time. Cenikor would pay for transportation and cover the costs of insurance.

“We tended to charge less than the temp agencies because of the demographics,” said Stephanie Collins, a former vocational services manager. “We were competitive.”

Patients, meanwhile, make nothing. They are told that their paychecks will be used to offset the cost of the program. Federal labor law allows Cenikor to deduct the costs of food, lodging, and certain other expenses. But according to interviews and records obtained by Reveal, Cenikor typically brings in far more money from work contracts than it spends on patients.

Food stamps cover meal costs for all Cenikor participants, and in Louisiana, many are signed up for Medicaid to pay for counseling and medical care. Internal financial ledgers from the program’s Baton Rouge facility show that in 2016 and 2017, Cenikor’s job contracts regularly delivered more than twice as much money as its daily operating expenses.

At minimum, labor experts say this means Cenikor patients should see at least some of the pay from their work.

“I can’t fathom this being legitimate,” said John Meek, a former Department of Labor wage and hour investigator. “That math is just against it.”

Despite its reliance on work, Cenikor frequently has skimped on providing safety training or giving participants basic protective gear, such as steel-toed boots and harnesses.

In 2016, David Dupuis and other Cenikor participants went to work for a company cleaning up flooded homes filled with black mold and raw sewage. While regular employees got protective equipment such as masks and boots, Dupuis said Cenikor workers got nothing.

“They didn’t give us any protective equipment at all,” he recalled, adding that workers frequently caught staph infections. “It was extremely hazardous.”

In 2018, Cenikor sent Matthew Oates to a private residence in Baton Rouge to trim trees without a safety harness, helmet, or rope. As he teetered on a ladder 20 feet in the air, Oates lost his balance and tumbled from the tree. The fall broke his back.

“You’re wondering if you’re going to be crippled, you know, you’re going to be in pain for the rest of your life,” Oates said. “You know, what’s going to happen to me? Am I going to be able to work again?”

Oates said his back still causes him severe pain and he regularly sees a chiropractor.

Cenikor has been warned repeatedly to make sure participants are safe on the job. After a Cenikor worker plummeted from an unstable platform and died in an office supply warehouse in 1995, federal labor officials told Cenikor that ensuring patient safety was paramount.

“Cenikor officials should take more of (an) active role in providing quality training” and “recognize hazards associated with the job,” officials with the Occupational Safety and Health Administration wrote. But injuries have continued to rack up.

In recent years, a Cenikor worker crushed his hands in an industrial press, another worker fell off scaffolding and shattered his knee at a chemical plant, and at least two workers broke their backs.

In Texas, Cenikor is not required to report on-the-job injuries to rehab regulators. But when officials with the Texas Health and Human Services Commission learned about the injuries from Reveal, a spokeswoman said the agency was “concerned about any injuries sustained to clients” and planned to investigate further.

A sign at the entrance to the Cenikor Foundation, a private, not-for-profit behavioral health facility, is pictured in Deer Park, Texas. Julie Dermansky / Reveal

In Louisiana, state law requires Cenikor to report injuries, but Cenikor has not submitted a single injury report to the Louisiana Department of Health in the last three years, even though Reveal uncovered numerous injuries during that time. Licensing officials said they would investigate the injuries if a patient complained about them.

The federal Department of Labor had the opportunity to crack down on Cenikor’s labor abuses more than 20 years ago. In 1994, Cenikor participant Loren Simonis graduated from the program and immediately filed a complaint with the wage and hour office, alleging violations of the Fair Labor Standards Act.

Under federal law, workers are entitled to minimum wage and overtime for their work. The Supreme Court ruled in 1985 that working for free in a nonprofit — even one with a rehabilitative purpose — was a violation of federal labor law. Cenikor can deduct the cost of room and board, but it cannot keep all of participants’ wages, former labor officials told Reveal.

But the Department of Labor declined to investigate Simonis’ complaint, according to records obtained by Reveal. Simonis got tired of waiting and filed a lawsuit against Cenikor, claiming unpaid wages. He eventually settled for an undisclosed sum.

Labor officials declined to comment on the department’s 1994 decision and refused to answer questions about whether investigators would look into Cenikor for wage violations. A department spokesman said the agency “takes all complaints of worker safety and health hazards and violations seriously.”

Today, Simonis lives in Oregon with his wife and kids and runs his own screen-printing shop.

“I’ve turned my life around,” he said. “I don’t think Cenikor had anything to do with it.”

Continued here: 

They worked in sweltering heat for Exxon, Shell and Walmart. They didn’t get paid a dime.

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Baton Rouge Officer Who Shot Alton Sterling Will Not Be Charged

Mother Jones

The Department of Justice will not pursue criminal charges against an officer involved in the videotaped shooting of a man in Baton Rouge, Louisiana, last summer, the Washington Post has reported. The announcement—expected tomorrow—will be the first time under Attorney General Jeff Sessions that the department has publicly declined to press charges against an officer investigated in a high-profile police shooting case.

Alton Sterling, 37, was shot and killed by a Baton Rouge Police Department officer in July 2016, setting off days of protests in the city and nationwide. Two officers had responded to a call about a man outside a convenience store who had waived a gun at someone else. When they arrived, they found Sterling outside the store selling bootlegged CDs. A confrontation ensued in the parking lot (the beginning of the incident was not caught on camera), and an officer tased Sterling after ordering him to the ground, cell phone footage of the encounter shows. Sterling remained on his feet, and an officer tackled him while another rushed to handcuff him. In a second cell phone video, one officer is heard yelling “He’s got a gun!” Then he fires several shots into Sterling. Sterling was armed, but it’s unclear from either video whether he reached for his weapon before he was shot. Witnesses told local new outlets that Sterling never reached for his gun during the encounter.

Sterling’s shooting occurred the day before an officer shot and killed another man in a Minneapolis suburb in an incident that was streamed in part on Facebook Live by the man’s girlfriend, and in the same week that a black man—admittedly upset over police shootings of black men—opened fire on officers at a protest over the two shootings in Dallas, killing nine. Just over a week after that incident, three more officers were killed ambush-style in Baton Rouge.

The Obama DOJ launched a criminal investigation into whether the officer who shot Sterling had willfully violated his civil rights by doing so. On Tuesday, the Trump DOJ—led by adamantly pro-police Attorney General Jeff Sessions—will announce that it will not pursue charges against the officer, the Washington Post reports. The decision is not unsurprising—civil rights cases are notoriously difficult to prove in court. The DOJ declined to file criminal charges against officers involved in high-profile police shooting cases on numerous occasions under President Obama, including in the case of of Michael Brown in Ferguson in August 2014.

The report of the Sterling decision comes amid a flurry of other police-related news this week, including the police shooting death of a 15-year-old boy in a Dallas suburb over the weekend and news today that the officer filmed shooting a North Charleston, South Carolina, man in the back multiples times in April 2015 had pleaded guilty to federal civil rights charges similar to those considered in the Sterling case. You can read Mother Jones‘ deep dive investigation into the trial of that officer here.

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Baton Rouge Officer Who Shot Alton Sterling Will Not Be Charged

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Martin Luther King Jr.’s Daughter Slams Pepsi Protest Ad in One Tweet

Mother Jones

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Bernice King, the daughter of legendary civil rights leader Martin Luther King Jr., has added her voice to the criticism sparked by Pepsi’s controversial protest ad.

The commercial, which was released Tuesday as a two-and-a-half minute video, depicted reality TV star and model Kendall Jenner walking through a demonstration. As police stare down the protesters, Jenner approaches one of the officers to hand him a Pepsi. The gesture appears to defuse tensions, which prompts cheers from the protesters.

The ad quickly became the target of derision, with many calling it “tone-deaf.” Critics also argued Pepsi was co-opting the imagery of recent minority-led protest movements for profit. On Twitter, people pointed out that the scene of Jenner handing a Pepsi to an officer closely resembled a widely-shared photo of a Black Lives Matter protester being arrested during a 2016 protest in Baton Rouge, Louisiana.

On Wednesday, King took to Twitter to share her thoughts about the controversy, posting a photo of her father being pushed back by police officers during a protest. In a particularly cringeworthy bit of timing, the Pepsi ad’s Tuesday release came on the same day of the 49th anniversary of King’s assassination in Memphis, Tennessee:

In a statement Wednesday, Pepsi announced the ad would be pulled immediately.

“Pepsi was trying to project a global a message of unity, peace and understanding. Clearly, we missed the mark, and we apologize…We are pulling the content and halting any further rollout. We also apologize for putting Kendall Jenner in this position.”

Original article – 

Martin Luther King Jr.’s Daughter Slams Pepsi Protest Ad in One Tweet

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Many of those hit hard by Louisiana rains don’t have flood insurance

In cold flood

Many of those hit hard by Louisiana rains don’t have flood insurance

By on Aug 16, 2016Share

The unprecedented rains that flooded parts of Louisiana and Florida over the last few days have led to at least 11 deaths and damaged an estimated 40,000 homes. While it’s too early to assess all the damages, the cost to residents could be devastating.

The Baton Rouge Advocate reports that in areas where a federal disaster has been declared, the vast majority of homeowners do not have flood insurance. In Tangipahoa Parish, where three people died, only about 12 percent of property owners have it; in St. Helena Parish, where two died, just 1 percent do. Throughout the state of Louisiana, 21 percent of homes are insured for flooding — which is a high percentage compared to the nation as a whole, but low when you consider the state’s low-lying ground and propensity to flood.

FEMA has announced aid of up to $33,000 for those affected by the storm, but payouts for most people are more likely to be between $9,000 and $10,000. And FEMA grants will only be available for those who live in areas where flood insurance isn’t required. For those who should have bought insurance but didn’t — typically people who’ve paid off their mortgages and so aren’t required by a lender to do it (i.e., older people) — the cost of recovery will be theirs alone. And in a state where nearly 20 percent of residents live in poverty, that could be a big blow.

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Many of those hit hard by Louisiana rains don’t have flood insurance

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Obama: An Attack on Law Enforcement Is an Attack on All of Us

Mother Jones

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After an ambush on police in Baton Rouge, Louisiana, that left at least three officers dead and three others wounded Sunday morning, President Barack Obama spoke at the White House today, saying it is up to “all of us” to create a united front against violence.

“We as a nation have to be loud and clear that nothing justifies violence against law enforcement. An attack against law enforcement is an attack against all of us and the rule of law that makes society possible,” said Obama. “This has happened far too often.”

Obama expressed his condolences to the families of the officers killed in Baton Rouge and called on Americans to “temper our words and open our hearts” ahead of the upcoming conventions. This is the 16th time Obama has addressed the nation after a shooting.

“We have to make sure that our best selves are reflected across America, not our worst. That is up to us,” said Obama. “Only we can prove, in our own actions and words, that we will not be divided, even if we have to do it again and again and again. That’s how this country gets united. That’s how we bring this country together.”

The shooting in Baton Rouge comes just 10 days after a deadly shooting in Dallas that killed five police officers and injured seven others. Baton Rouge has been the site of several protests since the fatal shooting of Alton Sterling, a 37-year-old black man who was selling CDs outside a convenience store when he was shot by the police. On July 13, the ACLU of Louisiana along with other community groups filed a lawsuit against the Baton Rouge Police Department, alleging that police officers used excessive force against protesters.

Watch Obama’s full statement below:

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Obama: An Attack on Law Enforcement Is an Attack on All of Us

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At Least 3 Police Officers Shot and Killed in Baton Rouge

Mother Jones

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Update, July 17, 5:42 p.m. ET: The deceased suspect has been identified as 29-year-old Gavin Eugene Long of Kansas City, and he attacked the police on his birthday, CBS News reports.

Update, July 17, 4:49 p.m. ET: Baton Rouge law enforcement officials announced at a press conference Sunday afternoon that there is no longer an “active shooter” situation, and that the deceased suspect was likely the only shooter, according to NBC News. Police initially suspected that there were at least two other shooters at large.

Update, July 17, 3:49 p.m. ET: Louisiana Gov. John Bel Edwards condemned the shootings. “This is an unspeakable and unjustifiable attack on all of us at a time when we need unity and healing,” he said.

Update, July 17, 12:39 p.m. ET: The city’s mayor and the East Baton Rouge Sheriff’s office have confirmed that three police officers are dead and three others were wounded in the attack. The sheriff’s office reports that at least one suspect is dead, but two others may still be at large.

At least three police officers were shot and killed and at least four other officers were injured during a gun attack in Baton Rouge, Louisiana, on Sunday morning, according to CNN. The incident occurred just 10 days after an ambush of Dallas police killed five officers and injured nine people.

While no official link has been established, Sunday’s attack comes amid ongoing protests in the city and around the country after the death of Alton Sterling, a black man who was shot and killed by police outside a convenience store in Baton Rouge. Thousands attended Sterling’s funeral on Friday.

Baton Rouge Mayor Kip Holden told MSNBC soon after the attack that the police officers had been responding to reports of gunfire when they were ambushed by at least one gunman. A Louisiana State Police spokesman told the network that the gunman was shot during the incident. The gunman’s condition remains unclear.

We will update this post as new details become available.

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At Least 3 Police Officers Shot and Killed in Baton Rouge

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Trump’s Facebook Fans Call for Race War

Mother Jones

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The morning after five Dallas police officers were killed and six others were wounded in a shooting spree, Donald Trump posted a message to his Facebook wall calling for the restoration of “law and order.” He also cited the “senseless, tragic” deaths in Baton Rouge, Louisiana, and suburban Minneapolis, referring to Alton Sterling and Philando Castile, who were killed by the police earlier in the week, without mentioning their names. (This was his first official statement regarding those shootings.) He added, “racial tensions have gotten worse.”

Trump’s reasonable statement prompted overheated and extreme reactions from his Facebook followers. Some claimed a race war was underway. Others predictably slammed President Barack Obama. And some defended Trump’s supposed defense of white people. Here’s a sampling:

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Trump’s Facebook Fans Call for Race War

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A Baton Rouge ER Is Closing Because Bobby Jindal Won’t Accept Medicaid Expansion

Mother Jones

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Louisiana’s capital city is losing one of its emergency rooms:

The Baton Rouge General Medical Center-Mid City will close its emergency room within the next 60 days, a victim of continuing red ink and the Jindal administration withdrawing the financial support that kept it open.

….The General’s Mid City campus suffered a financial hit as a result of the April 2013 closure of the LSU Earl K. Long Medical Center….More and more poor and uninsured patients from the low-income neighborhoods of north Baton Rouge ended up at the Mid City hospital, which was the next-closest facility.

Mid City hospital reported losses of $1 million a month as more and more patients who could not pay arrived. Losses jumped from $6 million to $8 million annually from 2009 to 2012, then up to $12.5 million in 2013, according to Baton Rouge General. Last year, the facility lost $23.8 million.

The nearest ER for residents who are currently served by Mid-City is now 30 minutes further away, and it’s a certainty that people are going to die because of this. But what’s the real story behind this closure? Shouldn’t the expansion of Medicaid be offsetting the increased losses on uninsured patients?

You bet it should. And it would, if Bobby Jindal were willing to accept Obamacare’s offer of virtually free Medicaid expansion. But he’s not, and that means Baton Rouge is losing one of its central emergency rooms and more people will die who otherwise could have been saved. That’s some nice work, Bobby. Michael Hiltzik has more details here.

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A Baton Rouge ER Is Closing Because Bobby Jindal Won’t Accept Medicaid Expansion

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