State and local policymakers should beware preemption clauses
On January 12, 2018, the Maryland legislature successfully overrode Governor Hogan’s veto of a bill granting Maryland workers access to paid sick days across the state. This is great news—it means that nearly 700,000 workers who previously lacked access to paid sick days will no longer have to choose between their health and their paycheck, or even their job. The Maryland legislature’s victory comes after other states, such as Oregon and Rhode Island passed statewide paid sick days laws in in 2015 and 2017.
There is no federal law that provides workers with the right to earn paid leave for sick days or to take time off to care for an ill family member—the federal Family Medical Leave Act simply allows workers to take up to 12 weeks of unpaid leave. In the absence of federal action, with Maryland, nine states have passed paid sick days laws, and five states (and the District of Columbia) have passed paid family leave laws. Local governments, however, have taken up the cause of providing workers with this fundamental need: at least 30 cities and two counties have enacted their own paid leave ordinances in various forms.
But state governments have begun blocking local government efforts to give workers the opportunity to earn paid time off for paid sick days and/or paid family leave through the use of “preemption laws.” “Preemption” in this context refers to a situation in which a state law is enacted to block a local ordinance from taking effect—or dismantle an existing ordinance. The figure below shows that at least 20 states have passed paid leave preemption laws.
Paid leave preemption is on the rise: States passing laws preempting local paid leave laws, January 2004–July 2017
Note: In each column, blue boxes represent paid leave preemption laws passed in the given year. Gray boxes represent paid leave preemption laws in effect (passed in previous years).
Source: EPI analysis of preemption laws in all 50 states
Maryland grants access to paid sick days to 700,000 workers and their families
Today, the Maryland legislature successfully overrode Governor Hogan’s veto of a bill granting Maryland workers access to paid sick days at long last. Coalition group Working Matters estimates that nearly 700,000 workers who previously lacked access to paid sick days will no longer have to choose between their health and their job.
While inaction on paid sick days at the national level continues to erode families’ economic security, a group of cities and states are stepping up for working people and serving as models for jurisdictions throughout the country. Maryland is the latest example and the ninth state to guarantee a minimum amount of paid time for eligible workers to care for themselves or their family when they are sick or need medical care.
Roughly 32 percent of the private sector workforce in the United States has no ability to earn paid sick time. Furthermore, access to paid sick days has historically been far more common among high-wage workers, leaving low-wage workers and their families with little protection when they get sick or need to visit the doctor. This important legislation not only protects workers from lost pay or potential job loss when they or their family members get sick, it also protects the public by keeping sick workers, who feel economically compelled to work, from spreading illness to co-workers and customers.
In a paper released last year, we highlighted some of the costs to workers and their families when they are not given the opportunity to earn paid sick time. By examining estimated spending on essential items for families who lack paid sick days today, we quantified how this lack threatens the economic security of low- and moderate-income families.
Fighting for public sector union rights 50 years after MLK’s assassination
The night before his assassination in April 1968, Dr. Martin Luther King spoke before a group of striking sanitation workers in Memphis, Tennessee as they prepared for a march for civil rights, union recognition, and economic justice. The movement behind the strike started earlier that year, when two Memphis garbage collectors, Echol Cole and Robert Walker, were sucked in by a malfunctioning compactor mechanism on a garbage truck and crushed to death. On the same day, when a heavy rainstorm hit, the city sent 22 black sewer workers home without pay while their white supervisors were retained with a full-day’s pay. 12 days later, more than 1,100 black men from the Memphis Department of Public Works went on strike, demanding recognition of their union, better safety standards, and a decent wage. The sanitation workers were led by garbage-collector-turned-union-organizer, T. O. Jones, and supported by the American Federation of State, County, and Municipal Employees (AFSCME).
Memphis Mayor Henry Loeb fought to break the workers’ strike, and “refused to take dilapidated trucks out of service or pay overtime when men were forced to work late-night shifts. Sanitation workers earned wages so low that many were on welfare and hundreds relied on food stamps to feed their families.” As Michael K. Honey writes in Going Down Jericho Road: The Memphis Strike, Martin Luther King’s Last Campaign, one of the things Loeb was most fervent about opposing was the dues-checkoff provisions that the sanitation workers wanted in their union contract. The workers on strike in Memphis knew that a dues checkoff—whereby union members voluntarily authorize the employer to make regular deductions from an employee’s wages to pay their union dues—was crucial to the union’s survival, especially given that Tennessee had passed a so-called “right-to-work” law, which allowed nonunion members to refuse to pay their fair share of dues but still collect the same benefits as union members. Loeb surely knew that the powers conferred to workers in the union contract—including an increase in black sanitation workers’ wages, protections for black workers from race-based employment discrimination, and a procedure for the black sanitation workers to file grievances against their white supervisors—would become wholly ineffective if the union could not collect dues to support its basic operations. More than once, the city had offered to settle the strike on the condition that dues checkoff be prohibited from their contract—but workers persisted, knowing that the “dues checkoff remained crucial, for without it, the union would not survive.” One of the cofounders of the Community on the Move for Equality, Reverend Malcom Blackburn, even embodied dues checkoff in his call to action.
Our analysis of January 1 state minimum wage changes understated the total increase in wages for workers throughout the country
In December, we published a “snapshot” estimating that 4.5 million workers throughout the country were likely to receive a raise at the beginning of the year as a result of higher state minimum wages going into effect. We estimated that these increases would raise the annual income of affected workers by roughly $5 billion. Subsequently, Mark Perry at the American Enterprise Institute published a blog post critiquing those estimates. He claimed our research methods were flawed and opaque, and that the wage increases for workers impacted by state minimum wage increases in 2018 will be much smaller than our original $5 billion. All of these claims are wrong.
In regards to our research methods, we do make one modeling decision that may strike some as overly optimistic: we assume that new minimum wage levels will largely be enforced. But in regards to the size of minimum-wage-driven raises in 2018 our methods contain one hugely conservative choice. We didn’t fully account for minimum wage changes in New York, and subsequently left out significant wage increases going to workers in New York City and its surrounding counties. We’ll say some more on both of these issues below.
It’s worth noting first that while EPI does not typically publish methodological statements for snapshots—they’re short pieces with a single, informative graphic with minimal accompanying text—the methodology employed in our December snapshot is the same methodology we have used for years in modeling the impact of higher state and federal minimum wages. We’ve published this methodology multiple times, the most recent being this past April in appendix B of our analysis of the proposal to raise the federal minimum wage to $15 by 2024.
The search for the next president of the New York Federal Reserve is a big deal
Those hoping to chart a new course in economic policy that delivers real gains, not just cynical rhetoric, to American workers have been closely following electoral politics throughout the country. But elections aren’t the only way change can happen. A case in point is the search currently underway to replace William Dudley as the President of the Federal Reserve Bank of New York.
We have written plenty before about the importance of the Federal Reserve in determining whether or not American workers will have a chance to see serious wage growth in coming years. Put simply, the Federal Reserve controls the economy’s brakes. If they decide the pace of economic growth is fast enough to risk overheating, leading to an outbreak of accelerating inflation, they step on the brake. No other policy has a hope at creating jobs and delivering broad-based wage growth if the Fed uses this brake prematurely. Recent decades have seen exactly this premature use of brakes, and the result has been unemployment kept too high to give typical workers the economic leverage and bargaining power they need to achieve substantial wage gains.
Why has Fed often ridden the economy’s brakes too hard in recent decades? Mostly because they have a loud backseat driver that is terrified of any unexpected inflation: the nation’s financial sector. Unexpected inflation decreases the value of financial assets and transfers resources from creditors to debtors. Wealthy households and creditors—the prime clients of finance—want to avoid this kind of inflation-induced transfer at all costs. And the costs of avoiding it are high indeed. Excess unemployment, justified in the name of putting relentless downward pressure on inflation, is a key reason why inflation-adjusted wages for typical workers have nearly stagnated over most recent decades.
Renegotiating NAFTA is an opportunity to get trade policy right
The United States, Canada, and Mexico are currently in talks over changes to the North American Free Trade Agreement (NAFTA). Renegotiating NAFTA offers an opportunity to create a new labor template based on long overdue and urgently needed labor standards that are consistently enforced and upheld. In order to accomplish this, we need to update and strengthen current language (based on the May 10, 2007 template). Among other things, there should be fewer limitations on the kinds of labor violations that are covered, and each signatory must be in compliance with the standards set forth prior to joining the agreement. The following recommendations constitute some of the steps needed to achieve these essential improvements to the labor chapter:
- Incorporate explicit references to labor standards reflecting the conventions of the International Labour Organization (ILO), including those concerning the freedom of association, collective bargaining, discrimination, forced labor, child labor, and workplace safety and health.
- Remove the footnote explicitly limiting the terms of the chapter to the ILO Declaration on Fundamental Principles and Rights at Work.
- Eliminate the requirement that labor violations under the agreement must be in a manner affecting trade or investment between the parties.
- Eliminate the requirement that labor violations must be sustained or recurring.
- Verify that labor standards in the agreement are being honored and enforced by the signatories prior to the agreement going into effect.
The economy has made great strides since the recession, but weakness remains
With today’s jobs report we can look at the entirety of 2017—putting the year as a whole in perspective and comparing 2017 with 2007, the last business cycle peak before the Great Recession began. Yesterday, I provided a fairly broad overview of the year with context since the last business cycle peak before the Great Recession (2007) and the last time the U.S. economy was at full employment (2000).
As the recovery has strengthened we’ve seen improvements in all measures of employment, unemployment, and wage growth. These measures tell a consistent story—an economy on its way to full employment, but not there yet. Taking a data-driven approach to policymaking would mean continuing to push, keeping interest rates low and letting the economy recover for Americans across genders, races, ethnicities, and levels of educational attainment.
Payroll employment growth in December was 148,000, bringing average job growth in 2017 to 171,000. The figure below shows average employment growth over the last several years. While more than enough to keep up with population growth and pull in workers from the sidelines, job growth in 2017 was noticeably slower than in recent years.
What to Watch on Jobs Day: Taking stock of the labor market, 10 years since the start of the Great Recession
The last jobs report of 2017 comes out on Friday, giving us a chance to step back and look at the entire year. Tomorrow’s jobs report also marks the 10th anniversary of the start of the Great Recession. My expectation is that the December data will confirm that, while by some measures the economy has almost recovered its immediate pre-Great Recession health, by other measures it is still notably weaker than in 2007, the last year before the Great Recession hit. Further, as I have often noted, 2007 should not be considered a benchmark for a fully healthy economy for America’s workers. Almost all labor market measures were notably weaker in 2007 than they were at the previous business cycle peak in 2000. There was very little reason to think that the U.S. economy in 2007 was at full employment. If one looks at the stronger business cycle peak of 2000 as a more appropriate benchmark, the economy in 2017 looks even weaker, and the case for continued policy support for faster growth is strengthened. Many working people are still not seeing the recovery reflected in their paychecks—and the economy will not be at genuine full employment until employers start offering workers higher wages.
In this post—and tomorrow when the December numbers come out—I’m going to look at average payroll employment growth over the last several years. Because there is always a bit of volatility in the monthly data—especially in the household series—taking a year-long approach allows us to smooth out the bumps and take stock of all the key measures: payroll employment growth, the unemployment rate, the employment-to-population ratio, and nominal wage growth.
The figure below shows average nonfarm employment growth for 2007–2016 and for the first 11 months of 2017. With an average of 174,000 new jobs being added each month, job growth in the first 11 months of 2017 was slower than in any year since 2011. But even at this slower pace of growth we are not only absorbing population growth, but also chipping away at the slack remaining in the labor market—namely workers who continue to be sidelined and who I expect will enter or re-enter the labor market as opportunities for jobs and better paying jobs expand. If December’s numbers are in line with payroll employment growth over the last several months, it will be more proof that the economy is continuing its slow but steady march towards full employment.
The courts are getting it wrong when it comes to unpaid interns
For the past six years, a group of brave young (and some not so young) former interns have been fighting for workplace protections, including the right to be paid. Not just to be paid properly—to be paid at all. I have had the privilege of representing many of them in their lawsuits. It has been quite a journey that, at this point, is going in the wrong direction.
At the beginning, the court of public opinion was decidedly against us. Anderson Cooper mocked our lawsuit against Fox Searchlight Pictures, which used unpaid interns on its Black Swan film production, placing it on his “RidicuList.”
But slowly the tide turned our way as more interns spoke up about the long hours they toiled for no pay and receiving little or no benefit in return. The New York Times reported that former interns were pushing back against exploitative internships. A social media campaign urging companies to #payyourinterns exploded.
The interns’ lawsuits raised a straightforward point: interns who do real work for private companies, whether menial or not, are protected by our nation’s labor laws and, therefore, should be paid at least minimum wage for the hours they work. The fact that many interns are students or work for relatively short durations should be irrelevant. Seasonal and temporary workers must be paid the minimum wage, so why should there be an exception for interns? The fact that some schools grant credit to some interns should not change the calculation either. Course credit is no substitute for pay and, for many interns, paying for the school credit is another out of pocket expense that they can ill afford. In fact, everyone seems to benefit from the transaction more than the interns—schools benefit by reaping tuition dollars without providing instruction and corporations benefit by substituting parts of their paid workforces with unpaid hours.
By overturning Specialty Healthcare, the NLRB has made it harder for workers to organize
On Friday, the Trump administration’s appointees to the National Labor Relations Board (NLRB) once again made it more difficult for workers to join together and form a union, by overturning the Board’s standard for determining an appropriate bargaining unit, as established in 2011’s Specialty Healthcare case.
Under the National Labor Relations Act, private-sector workers who wish to be represented by a union can petition the NRLB to hold a union election. Federal labor law gives the Board wide discretion to determine the appropriate “bargaining unit,” the term for the group of workers that will vote in the election and will be represented by the union. In Specialty Healthcare, the Board established that once an appropriate unit of employees is identified based on the employees’ “community of interest,” an employer can only petition to add more employees to the unit if the employer can show the additional employees share an “overwhelming community of interest” with the workers who are already in the bargaining unit. This standard is important to prevent employers from attempting to manipulate or gerrymander the bargaining units in order to thwart their employees’ union elections. The NLRB’s standard for determining an appropriate bargaining unit in Specialty Healthcare has been unanimously upheld in all seven U.S. Courts of Appeals in which it has been challenged.
Since the NLRB issued its decision in Specialty Healthcare corporate special interests have assailed it as inviting the proliferation of “micro” units that will allow unions to form small pockets of unionized employees among an employer’s workforces. However, data on the median size of bargaining units disproves the argument that the standard would lead to the proliferation of so-called “micro-units”—the median size of bargaining units has hardly changed since the Board issued its Specialty Healthcare decision in 2011.
Why then were the Chamber of Commerce and other corporate interest groups committed to doing away with the Specialty Healthcare standard? They simply want to make it easier for employers defeat an organizing campaign, by manipulating who is in a bargaining unit. By overturning this rule, the Trump administration has once again shown that it wants to make it harder for workers to organize and join unions.