Preventing workplace injuries depends on good record-keeping
On a bipartisan basis going back at least to the Reagan administration, the Occupational Safety and Health Administration (OSHA)—the Department of Labor agency that enforces the right of workers to have a safe workplace—has required employers to keep accurate logs of injuries and illnesses, and has fined them if they fail to keep those logs for five years. Every OSHA administrator has recognized the value of this record-keeping, as a way to make employers pay attention to unsafe practices and address them, as well as to ensure accurate statistics for research, to show progress or lack of progress in improving workplace safety, and to help target the most dangerous workplaces.
Nevertheless, in Volks Constructors v Secretary of Labor, a court blocked OSHA from fining employers for various record-keeping failures that occurred more than 6 months before the citation. The court ruled that OSHA’s regulations didn’t clearly establish that the duty to maintain accurate records is an ongoing duty rather than just a duty to record each incident accurately at the time it occurs. Thus, if OSHA finds that an employer has for many years been hiding the fact that workers have repeatedly been burned, for example, or has failed to record numerous forklift accidents and injuries, it can only cite the employer for inaccuracies arising within the past six months.
Farmworker wages in California: Large gap between full-time equivalent and actual earnings
A report in the LA Times last week explored why farmers in the Central Valley are having a hard time finding enough workers, despite reportedly paying up to 40 percent more than the California minimum wage. “Today, farmworkers in the state earn about $30,000 a year if they work full time—about half the overall average pay in California,” notes the Times. “Most work fewer hours.” The second sentence here is key: most farmworkers are not employed 40 hours a week 52 weeks a year, so most earn far less than $30,000 per year. In fact, in 2015, workers who received their primary earnings from agricultural employers earned an average of $17,500—less than 60 percent of the average annual wage of a full-time equivalent (FTE) worker in California.
Many farmworkers are paid an hourly rate higher than California’s minimum wage—$10.00 or $10.50 an hour in 2017, depending on whether the employer has 25 or less, or 26 or more employees, respectively—and workers who are paid piece rates, which reflect how much they pick or prune, often earn $12 to $14 an hour. Many young male farmworkers aim to earn $100 a day, which is $12.50 an hour for an eight-hour day and $14.30 an hour for a seven-hour day. But farmworkers typically are not employed in agriculture year-round. Many farm jobs are seasonal, and few workers migrate between California farming regions—those who pick vegetables in southern California deserts between January and May rarely move to the San Joaquin Valley to pick fruit between July and September.
Shortchanging education, training, and R&D is no way to make America great again
Yesterday, the Trump administration released its budget blueprint, which, while it’s unlikely to be passed in its current form by Congress, sets out the administration’s priorities for the years ahead. Simply put, the Trump budget transfers funds from programs that keep people fed and sheltered, protect them from disease and environmental threats, or educate them—and gives those funds to defense contractors to build more weapons, planes, and ships. But it also seems to have the purpose of making America more ignorant, less informed about the challenges and problems that face us, and less able to understand and develop solutions to those challenges and problems. It could be called a “lobotomy budget” because it effectively removes big pieces of the government’s brain.
Here are some examples of how the budget leaves students less educated and less prepared for the 21st century workforce:
- The budget eliminates the Federal Supplemental Educational Opportunity Grant, a need-based grant program that helps 1.6 million undergraduate students pay for college.
- The budget cuts $1.2 billion for the 21st Century Community Learning Center before and after school programs:
Trump’s budget proposal plans a disaster for public investment
Today the White House laid out its priorities in its first budget blueprint. And these priorities are simple enough to describe: paying for increased spending on defense and border security with cuts across the board to nondefense discretionary spending (NDD). Among other reasons why these are bad decisions, they would have devastating consequences for public investment.
It’s worth looking at one specific cut that seems fairly telling. Despite campaigning on a $1 trillion infrastructure program, the president’s budget actually cuts the Department of Transportation’s funding by 13 percent. Coupling this cut with the fact that the campaign’s original proposal was simply not a serious plan, and the rumors that the president and Congress are punting infrastructure to next year, it starts to become increasingly clear that increased infrastructure investment isn’t a promise that the Trump administration is taking seriously.
The broader cuts in the budget blueprint foreshadow an even worse fate for overall public investment. NDD is only about 16 percent of all federal spending, but fully half of it is public investment. The Trump budget essentially puts a long-run decline in NDD spending on overdrive. NDD budget authority fell from almost 7 percent of GDP in 1977 to about 3 percent by 1990. It has hovered around 3 percent since then, beginning a slow decline in recent years. The administration’s budget intends to accelerate this decline, reducing NDD spending swiftly and sharply from 2.8 percent of GDP in 2016 to 2.3 percent by 2018.
Does Alexander Acosta still think undocumented workers deserve protection?
Next week, the Senate Committee on Health, Education, Labor and Pensions holds its hearing on the nomination of Alexander Acosta to be secretary of labor. While Mr. Acosta has had several confirmation hearings in the past, and is expected to do well next week, it is important that he receive a thorough and tough vetting. In the context of an administration that has shown itself to be remarkably anti-worker, it’s more important than ever that the labor secretary be prepared to enforce our labor laws and advocate for all working people.
Senators should ask Acosta specifically about his views on labor and employment laws as they pertain to undocumented workers. For example, it’s been reported that a spate of raids by Immigration and Customs Enforcement have left undocumented workers—who are already easily exploited—unwilling to report wage theft and labor violations. Now more than ever, we need a labor secretary who will argue for a fair economy and a labor market that works for all workers.
As a member of the National Labor Relations Board (NLRB), Acosta once voiced his adamant belief that undocumented workers deserve the protection of our country’s labor laws. In Double D Construction Group, 339 NLRB No. 48 (2003), the board found the company’s owner had unlawfully terminated an employee, Thomas Sanchez, for his participation in union activity. Not only did Acosta join the board majority overruling the judge’s contrary finding, Acosta wrote a separate concurrence chastising the judge, who had discredited Sanchez’s testimony at the trial on the ground that Sanchez had once knowingly used a false Social Security number to obtain employment. The administrative law judge reasoned: “If Sanchez demonstrated a willingness to use a false government document to obtain work… he may also be willing to offer false testimony” at the trial.
The Fed’s rate hike is not surprising, but it is disappointing
The Federal Reserve’s announcement today that it would raise short-term interest rates is not surprising, but is disappointing. As always, the issue is less about the direct impact of today’s 0.25 percentage point hike, and more about what this hike means, especially given that it has come relatively hard on the heels of a hike in December. Today’s hike seems to signal that Fed policymakers think that we’re currently at or very near full employment, and that failing to slow the pace of economic growth in coming months would soon lead to accelerating wage and price inflation. They could be right, of course, but it is important to note that there is little in actual economic data to indicate this.
Even the headline unemployment rate (today’s healthiest economic indicator) remains significantly higher than what it reached in 1999 and 2000, when we saw 4.1 percent unemployment for a full two years without accelerating inflation. The share of adults between the ages of 25 and 54 with a job hasn’t even recovered to pre-Great Recession levels, which were, in turn, far below the peaks reached in the late 1990s. And, most importantly, no durable and significant acceleration of wage growth to healthy levels has happened yet. Finally, the Fed’s preferred price inflation indicator—year-over-year growth in “core” (excluding food and energy) prices for personal consumption expenditures— remains stubbornly below the Fed’s professed target and shows no upward trend at all.
The risks regarding the Fed’s interest rate decisions remain deeply asymmetric, and point strongly to erring on the side of continuing to prioritize further improvements in the labor market rather than forestalling possible future inflation, which would mean not raising rates. If the Fed is wrong and raises rates enough in coming months to keep unemployment from falling to the low 4s, this implies millions of potential workers who can’t find jobs or the hours they want, and likely implies tens of millions of workers who will receive lower wage increases than they otherwise could have had. This is especially important for low and middle-wage workers, who need low rates of unemployment before they have any serious chance to bargain for higher wages.
Costs will rise and coverage will fall under the AHCA
Yesterday, the Congressional Budget Office (CBO) released its analysis of the American Health Care Act (AHCA)—legislation designed to “repeal and replace” the Affordable Care Act (ACA). The AHCA makes substantial changes to current law, which have large effects on both the costs of care and the coverage rates. I’m going to walk through some key provisions and their effects on specific populations below, but the bottom line is that the number of uninsured Americans will grow by 24 million by the year 2026. This is the result of about 14 million fewer people on Medicaid, 2 million fewer with nongroup insurance coverage, and 7 million fewer with employer-sponsored health insurance. In addition to the outright losses in coverage, the law increases economic vulnerability and health insecurity for millions of Americans by disproportionately exposing those with low income to additional risk through the elimination of cost sharing subsidies in the nongroup market, forcing them to face higher out-of-pocket costs like higher deductibles and co-pays.
Some key highlights of the AHCA score can be found in one highly illuminating table and one brilliantly designed figure. Let’s start with the table. I’ve copied Table 4 below, highlighting some particularly interesting findings. (For full notes on this table, see page 34 of the CBO cost analysis.) The table constructs comparisons of various age profiles in two income groups for individuals seeking coverage in the health insurance nongroup market in 2026. Premiums, tax credits, net premiums, and actuarial value of plans for single individuals at age 21, age 40, and age 64 are constructed at income levels of $26,500 and $68,200 in the top and bottom panels, respectively.
Senator Baldwin is right: AHCA is particularly great for health insurance CEOs, bad for almost everybody else
There are plenty of outrageously bad things about the American Health Care Act (AHCA), the recently proposed Republican replacement for the Affordable Care Act (ACA). The 24 million people who will lose their health insurance coverage by 2016. The $12,900 increase in premiums for older, low-income Americans who will get much shoddier insurance coverage in exchange. The $275 billion in tax cuts aimed directly at the richest Americans. The 7 million decrease in even employer-sponsored coverage under the plan. The $880 billion cut to Medicaid over the next decade. To get a near-comprehensive look at what the AHCA does to taxes, spending and insurance coverage, check out the recent Congressional Budget Office (CBO) analysis of AHCA.
But maybe the most gratuitous way that AHCA coddles rich people is its repeal of an ACA provision that limited the deductibility of executive pay for health insurance companies. The rationale for this provision was clear—the federal government was providing an enormous windfall to private health insurance companies by mandating that all Americans have insurance and by providing subsidies for them to purchase it. In return, we wanted these companies to use that extra money from subsidies and new customers to actually provide health care, not just fatten corporate executives’ salaries. So, the maximum amount that a health insurance company could deduct in an executive’s salary from their corporate income tax bill was reduced to $500,000. Under the AHCA, these companies could deduct up to $1 million in cash pay, and could deduct unlimited amounts of “performance-based” pay.
Two quick things to note: the “performance-based” pay carve-out is a bad loophole that should be closed generally. And $500,000 is an awfully healthy salary; presumably, companies should be able to hire decent people at this salary or less. This sounds like a shocking thought in modern America, I know, but the president of the United States earns less than this (or, if you’re unconvinced that our current president counts as an example of having “hired decent people”, I’d note that the Chair of the Federal Reserve earns well under half of this amount).
Senator Tammy Baldwin of Wisconsin recently criticized AHCA and mentioned these top executive pay deductibility provisions, and argued that the proposed legislation would greatly enrich health insurance CEOs. PolitiFact Wisconsin took odd exception to this. They’re wrong and Baldwin is right.
First, AHCA slashes tax rates faced by the richest Americans. Health insurance CEOs are in this group, so they will make enormous amounts of money from the tax cuts in AHCA. For top 0.1 percent income households in America (and top executives at large companies are extraordinarily over-represented in this group), the AHCA tax cuts will deliver an average tax cut of $165,000 annually.
Everyone wins if the GOP health plan fails, even Republicans
OK, maybe it’s a slight exaggeration, but almost everyone—99 percent of Americans and all members of Congress—will win if the GOP health plan fails.
Let’s start with Congress. Democrats win if they vote against a bad, unpopular plan. Republicans, meanwhile, minimize their losses if they vote it down—even for the wrong reasons. Basically, incumbents in both parties are better off if it goes away, though Republicans have to go through the motions since they’ve bluffed that they had a better plan than “Obamacare” since day one.
Win or lose, it’s obvious that Republicans don’t want to drag out the process of deliberating the American Health Care Act (which Case Western Reserve University Professor Joseph White has aptly dubbed the “Unaffordable Care Act”). That’s why they rushed committee votes ahead of a Congressional Budget Office review while web traffic to analyses of the plan has been so heavy that it crashed the Center on Budget and Policy Priorities’ website.
Until recently, railing against Obamacare played well politically, and Democrats lacked the party discipline to defend the Affordable Care Act (ACA) against attacks, especially after a botched rollout. The ACA slowed—but did not stop or reverse—excess health cost growth in the United States, and also did a good job of spreading these costs among sick and healthy and poor and rich to make health care affordable for most Americans, if not quite the fundamental right enshrined in the World Health Organization’s constitution. (House GOP leader Paul Ryan seems unaware that risk pooling is the whole purpose of insurance.) The CBO report, released this afternoon, confirms that the GOP plan will cause millions to lose coverage—an estimated 14 million next year and a whopping 24 million by 2026.
The economy will continue to improve, as long as policymakers don’t thwart its progress
President Trump has recently claimed that he inherited an economic “mess,” calling the American economy a “disaster.” From a broad macroeconomic perspective, this is simply untrue. The overall unemployment rate has been steadily falling and is essentially back to where it was immediately before the Great Recession started. Recent years have even seen improvements in labor force participation as the labor market continues to firm up. And while other measures, such as the prime-age employment-to-population ratio and nominal wage growth, continue to lag, they have still shown continued improvement over the last several years. To be clear, the economy is still weak and still hasn’t reached genuine full employment like it did in the late 1990s and early 2000s. Many workers and their families are still struggling, and the lower unemployment rate is only now beginning to translate into broad-based wage growth. But the economy is on track to recover, and there are no obvious signs of any underlying weakness that would lead to a recession in the near term. Inheriting a “mess” would accurately describe what President Obama was handed in January 2009—with the economy having lost 3.4 million jobs just in the previous six months and with unemployment having risen 3.4 percentage points over the previous 18 months. President Trump has clearly inherited something quite different—a stable albeit too-slow recovery that is on extremely firm ground.
It’s important to keep this steady improvement in mind as we assess economic progress moving forward. No policymaker should be allowed to claim credit for improvements that are simply a continuation of a trend. To that point, I’m going to lay out some key labor market indicators, discuss their recent trends, and assess their likely progress over the next two years.