American workers lose $1.2 billion in 2017 due to delay in update of overtime rules
One year ago, the U.S. Department of Labor issued a final rule to update the Fair Labor Standards Act’s overtime rules. The old rules—written by the Bush administration in 2004—have a loophole that leaves millions of salaried employees without the right to overtime pay (and even without the right to be paid the minimum wage). An employer may legally require salaried employees earning as little as $23,660 a year to work 70 or 80 hours a week with no additional pay. If an employer determines that a salaried employee works in an “executive, professional, or administrative capacity” the employee’s effective hourly pay could fall below $6.00 an hour.
If the new rule had taken effect on December 1, 2016, as planned, 4 million employees would have become entitled to overtime pay and another 9 million would have had their right to overtime pay strengthened and clarified. In 2017 alone, workers would have gotten $1.2 billion in extra pay.
But Republican politicians and big business groups sued to block the rule, and a U.S. District Court judge in Texas blocked the rule from taking effect, not just in Texas, but nationwide. Obama’s Department of Labor appealed the case, but the Trump administration has repeatedly delayed the appeal while it figures out whether to side with the employees or with big business.
Policy Watch: Republican antiregulatory agenda continues despite losing the CRA
This week was the first week in which the Congressional Review Act could no longer be used to block regulations issued in the final months of the Obama administration. But congressional Republicans were undeterred, and continued to advance an anti-regulatory agenda that threatens workers’ health and safety, wages, and retirement security. On Wednesday, the Senate Committee on Homeland Security and Government Affairs approved the Regulatory Accountability Act (RAA), a sweeping measure that threatens all kinds of important worker protections. That same day, the administration delayed a rule that requires employers to electronically submit injury and illness data that they already record. And yesterday, the House Subcommittee on Health, Employment, Labor and Pensions (HELP) held a hearing attacking the fiduciary rule, which requires that financial advisers act in their clients’ best interests when giving retirement advice.
The RAA, which was advanced by the Senate Committee on Homeland Security and Government Affairs, would fundamentally alter the regulatory process, giving corporate interests unprecedented power to interfere with and delay the regulatory process. The bill lets big business and special interests submit alternative regulatory proposals, and requires that agencies consider these proposals and adopt the rule that is least costly for corporations. By prioritizing industry profits over health, safety, and other public goods, the RAA is a direct threat to workers and the American people.
Corporate power in state legislatures produces a gerrymandered Congress
In January 2010, the Supreme Court’s Citizens United decision allowed corporations, for the first time ever, to spend unlimited money on politics. Within a few months, Republican strategists and the U.S. Chamber of Commerce hatched a plan to take advantage of the newly available corporate cash. They called it Project “RedMap,” or “Redistricting Majority Project.” Its goal was to use corporate money— much of it contributed secretly through the Chamber— to win Republican control of state legislatures in the Fall of 2010. That year’s elections were particularly important because the officials who came into office that year would be charged with redrawing legislative district boundaries based on the 2010 census.
The business lobbyists were more successful than they could have hoped. With their help, eleven states that had previously been governed by a combination of Democrats and Republicans became wall-to-wall Republican, with the GOP controlling both houses of the legislature along with the Governor’s mansion. Critically, this included a swath of traditional swing states with strong labor movements running from Pennsylvania to Wisconsin across the upper Midwest.
Brown v. Board is 63 years old. Was the Supreme Court’s school desegregation ruling a failure?
Sixty-three years ago on Wednesday, the Supreme Court prohibited school segregation. In the South, Brown v. Board of Education was enforced slowly and fitfully for two decades; then progress ground to a halt. Nationwide, black students are now less likely to attend schools with whites than they were half a century ago. Was Brown a failure?
Not if we consider the boost it gave to a percolating civil rights movement. The progeny of Brown include desegregation of public accommodations and the mostly unhindered right of African Americans to compete for jobs, to vote, and to purchase or rent homes. Brown’s greatest accomplishment was its enduring imprint on the national ethos: the idea of second-class citizenship for African Americans, indeed for any minority group, is now universally condemned as a violation of the Constitution and of American values. None of these transformations came easily, and none are complete, but none would have happened were it not for Brown.
Yet the decision could not accomplish its stated purpose. Today, nearly half of all black students attend majority black schools, with over 70 percent in high-poverty school districts. New York is the most segregated state: two-thirds of its black students attend schools that are less than 10 percent white. A growing number are “integrated” with low-income Hispanics and other recent immigrants, but still isolated from the mainstream.
Because schools remain segregated, we have little chance to substantially boost the achievement of black children, especially those from low-income families. Of course, some children will always surmount their disadvantages and excel. But when separate schools concentrate students who are in poorer health and more frequently absent, who may be homeless or in unstable housing, and whose parents are less-educated, achievement lags when teachers are overwhelmed by non-academic challenges.
Policy Watch: Congress blocks 14 Obama-era rules in an unprecedented blitz of CRA votes
Yesterday was the final day congressional Republicans could use the Congressional Review Act (CRA) to block regulations issued in the final months of the Obama administration. The CRA is a controversial law that gives Congress the power to overturn rules put in place by the previous president for 60 legislative days after the president leaves office—and robs future administrations of the ability to implement new rules. Republicans have used this rather obscure law to block an unprecedented 14 regulations.
The rules blocked by congressional Republicans and President Trump provided important protections ensuring the health and safety of consumers, working people, and the general public. The five labor-related rules that were blocked would have made it harder for companies to get federal contracts if they violated labor laws, made it easier for the Occupational Safety and Health Administration (OSHA) to track workplace injuries, helped people save for retirement, and made it easier for people to collect unemployment insurance.
The blocked Fair Pay and Safe Workplaces rule required companies applying for federal contracts to disclose violations of federal labor laws and executive orders addressing wage and hour, safety and health, collective bargaining, family medical leave, and civil rights protections. Currently, there is no effective system for distinguishing between law-abiding contractors and those that violate labor and employment laws. By blocking this rule, Republicans have ensured that businesses that violate basic labor and employment laws will continue to be rewarded with taxpayer dollars.
African American women stand out as working moms play a larger economic role in families
In a previous post, we noted that annual work hours for all workers, especially low-wage African American workers and women, increased between 1979 and 2015. Working moms are significant contributors to this trend—half of all African American female workers are moms, as are 55.3 percent of Hispanic working women and 44.5 percent of white female workers. While all moms are working more hours per year and contributing more to their households financially, African American working moms are uniquely central to the economic well-being of their families.
To begin with, more than two-thirds of all African American working mothers are single moms, making them the primary, if not sole, economic providers for their families. By comparison, 29.6 percent of white working mothers and 47.9 percent of Hispanic working mothers are single.
Policymakers shouldn’t assume slack is gone and should push for faster wage growth
The unemployment rate has fallen steadily over the last several years, and many have said that the current rate of 4.4 percent means we are back to (or have even dropped below) full employment—meaning that pushing unemployment any lower would cause inflation to accelerate above the Federal Reserve’s preferred 2 percent target. That is why many observers have applauded the Fed’s recent decisions to raise rates, even though the rate hikes occurred before most workers have seen the economic recovery translate into consistently strong nominal wage growth.
The fact is that the headline unemployment rate continues to understate slack in the labor market. Today’s 4.4 percent unemployment rate is associated with a much lower prime-age employment-to-population ratio (EPOP)—the share of the working age population who is actually working—than in the recent past. While there may be reasons other than labor market slack for today’s lagging labor force participation, by looking just at the prime-age EPOP, we can at least eliminate any distortions caused by the wave of retiring baby boomers. The graph below shows that the prime-age EPOP averaged 81.2 percent in the five months the unemployment rate hit 4.4 percent in 1998 and 1999 (including one month in 2001), and 80.5 percent in the four months unemployment hit 4.4 percent in 2006 and 2007. On average, those nine months saw a 2.1 percentage point higher prime-age EPOP (80.7 percent) than the 78.6 percent we see today.
Policy Watch: House Republicans vote to strip health care from millions
Yesterday, on President Trump’s 105th day in office, House Republicans approved a bill repealing the Affordable Care Act. President Trump celebrated the House passage of the American Health Care Act (AHCA) and stated that he is confident that the measure will pass the Senate. Under the AHCA, 24 million Americans would lose their health insurance coverage. The majority (14 million) would lose coverage as the result of staggering cuts (almost $900 billion over the next decade) to the Medicaid program, which provides health care coverage to low-income Americans. An additional 7 million Americans would lose the coverage they get through their employer. In addition to taking coverage away from millions of Americans, the AHCA would have a significant impact on our nation’s overall economy. Large cuts to Medicaid and the subsidies for those buying health insurance on the ACA exchanges, combined with the AHCA’s tax cuts benefitting the top 1 percent of households, would be a drag on the economy and hurt job growth. Nationally, the job losses would reach 460,000 by 2020 and 1.8 million by 2022.
Earlier in the week, House Republicans voted in favor of legislation that would give employers the right to delay paying any wages for overtime work for as long as 13 months. The deceptively named “Working Families Flexibility Act” (H.R. 1180) would allow private-sector employers to “compensate” hourly workers with compensatory time off in lieu of overtime pay. Contrary to proponents’ claims, the bill does not give employees the right to comp time, it takes away their right to overtime. The legislation forces workers to compromise their paychecks for the possibility—but not the guarantee—that they will get time off from work when they need it.
The hidden sides of NAEP: girls, art, and empowerment
Everyone who works in the education world—from researchers and policymakers, to teachers and school board members—is familiar with the National Assessment of Educational Progress (NAEP), commonly called the “Nation’s Report Card.” Every two years, scores from the NAEP on reading and mathematics tell us what students across the country and in every state know and can do. NAEP also paints a picture of progress over time in our children’s proficiency in these subjects and the degree to which race- and income-based gaps in educational achievement are narrowing. (For the record, we have continued to make progress on both subjects, and those gaps are narrowing, albeit much more slowly than we want or need them to.)
But even those of us who rely on NAEP, whether for research or policymaking purposes or otherwise, are probably a lot less conversant with other aspects of the assessments. In the past few weeks, the National Assessment Governing Board (NAGB), which oversees and manages NAEP, unveiled two new sets of findings that illuminate key realities relevant to children’s futures and provide important guidance for policy and practice. They could not be more timely.
Last week, the Board hosted an event at the Kennedy Center to discuss the results of the 2016 NAEP arts assessment. Every decade since 1997, eighth graders have been assessed for their skills in music and visual arts, the latter including both what they know about art and how well they can practice it. The good news, if you can call it that, is that our children haven’t lost ground on scores despite major cuts to art programs during the big recession; overall, they have held fairly steady since the last arts NAEP, in 2008.
What to Watch on Jobs Day: Signs of tightening across the economy
As we await Friday’s employment report, and the likely bounce back from the disappointing payroll numbers we saw last month, I’m going to take the opportunity to discuss a couple key questions we should ask as the economy continues inching towards full employment. First, are we simply adding jobs or are we adding better-quality jobs? Second, is the recovery reaching all corners of the labor market?
Except for last month, the economy has been adding enough jobs over the last year to not only keep up with population growth but to pull in more workers off the sidelines. These workers come from those who were unemployed—that is, people who have been actively looking for a job—as well as those who were out of the labor force but who we would expect to return as job opportunities get stronger. As those formerly-sidelined workers get added to the employment rolls, there will be fewer workers left out trying to get in. Right now, employers hold the cards when it comes to determining employment conditions because, for the most part, they don’t have to offer better wages and benefits to attract and retain the workers they want—both employers and workers know those would-be workers are out there ready to replace any incumbent who makes wage demands that employers deem excessive.
As we approach full employment, that dynamic should slowly shift. We’ve begun to see evidence of broad-based wage growth in the last year as some amount of bargaining power moves in workers’ favor as the labor market tightens. With fewer workers on the sidelines, employers will have to work a bit harder—offering higher wages and better benefits—to attract and retain the workers they want. That is not to say that we should expect rapid and uncontrolled acceleration in wage growth, which the Federal Reserve fears will set off an inflationary spiral. Instead, upward pressure on wages will likely happen slowly and gradually, perhaps in one sector before others or in one part of the country before others. But, it will not happen at all if the Fed raises rates and slows down or halts the recovery.