Universities, inequality, and the overtime rule
The U.S. Department of Labor is about to issue a final rule that will increase the number of people entitled to overtime pay when they work more than 40 hours in a week. The rule will simply say, in effect, that if an employee earns less than $50,440 a year (or close to that—we won’t know the final number until the rule is released), she must be paid time and a half when she works more than 40 hours a week, even if she is a salaried employee, and even if her employer calls her a manager, professional, or supervisor.
This is a consequential move, which will improve the lives of many working people in a number of ways. Millions of employees who work long hours will get paid overtime for the first time. Millions of other workers who have been working long hours, at a cost to their health and their families, will have their hours reduced to 40 hours a week. Millions more will get a raise above the threshold, because their employer can continue to avoid paying overtime. And hundreds of thousands of people will get jobs because employers will reduce the hours of some employees to avoid paying overtime and hire additional people to do the work at straight time wages.
Many colleges and universities have complained that they cannot afford it. They don’t want to pay for overtime hours that have been free for years. At a congressional field hearing in March, the University of Michigan’s associate vice president for Human Resources said it would be “cost prohibitive” to raise salaries or pay overtime for post-doctoral researchers and others earning less than $50,000 a year. The coalition of universities and colleges lobbying to weaken the rule suggests a salary threshold “between $29,172 and $40,352” as the point where overtime pay could be denied. The U-M associate vice president went on to conclude that, “The climate for most colleges and universities in the U.S. is one of ongoing financial pressures that would curtail hiring new employees or increasing compensation as a result of these FLSA changes.”
Clarification on trade and American workers: right criticism, poorly targeted
It’s been pointed out to me that yesterday’s blog post about a story by NPR’s Chris Arnold targeted too much ire at Arnold himself rather than the phenomenon he was reporting about. I think that’s probably right, and so I apologize to him for that. I was using Arnold’s story as a jumping off point for a discussion of a larger issue, and should have made that more clear. I do think my larger points about the substance of the topic under debate hold. The damage done by trade to American workers is consistently underestimated and is often treated as a surprise when it shouldn’t be—it’s completely the prediction of standard trade theory. To the degree that Arnold’s story helps take this “surprise” excuse off the table for future debates over trade, it’s doing a service.
Some quick notes on why I think all of this is important, however. This is Arnold’s first paragraph:
Economists for decades have agreed that more open international trade is good for the U.S. economy. But recent research finds that while that’s still true, when it comes to China, the downside for American workers has been much more painful than the experts predicted.
I think Arnold reports this exactly right. Experts continue to portray the downside of expanded trade for American workers as having turned out to be unexpectedly large, but they are wrong to be surprised. Downward pressure on a large majority of American workers’ wages is completely predicted by mainstream economic theory. But I should have made clearer where my criticism here was aimed.
New legislation would bring transparency to America’s immigration system and help fight human trafficking
Every year, hundreds of thousands of workers from abroad come to the United States to temporarily fill jobs in a number of occupations, including farm labor, landscaping, hospitality and seafood processing, as well as information technology jobs or to teach at U.S. universities and grade schools. They come through a virtual alphabet soup of temporary foreign worker programs which are distinguished by different “nonimmigrant” visa classifications, each having their own distinct purpose and history. The most common nonimmigrant visas that authorize employment are the H-2A, H-2B, H-1B, J-1, L-1, A-3, G-5, F-1/Optional Practical Training (OPT), and B-1 visa classifications, but also important are H-1B1, O-1, O-2, E-2, E-3, P-1, P-2, Q-1, and TN visas. The workers themselves, who hold nonimmigrant visas, are commonly referred to as guestworkers and are allowed to remain and work in the country for a limited period of time, depending on the terms of their specific visa.
Over the years, countless cases of abuse and exploitation of guestworkers have come to light and been reported on by the media. The abuses are usually carried out by employers or the labor recruiters who connect guestworkers to their jobs and employers, for a fee. Some of the abuses are extreme and amount to human trafficking: they have been compared to slavery by Buzzfeed and the Southern Poverty Law Center and described as “creating an underground system of financial bondage” by the Center for Investigative Reporting. None of these labels are an exaggeration.
Unfortunately, little else is known about how these guestworker programs operate, despite the fact that hundreds of thousands of guestworker visas are issued every year. That makes it difficult to craft rational policy solutions to improve how the programs are managed and to ensure that the labor standards of guestworkers—and of Americans who work in major guestworker occupations—are protected. The dearth of information also results in an outsized role for corporate interest groups that spend millions lobbying to expand and deregulate guestworker programs, because it is difficult for lawmakers to verify claims about how guestworker programs impact the economy, businesses, and the labor market.
That’s why the Visa Transparency Anti-Trafficking Act, a new piece of legislation introduced today in the House by Reps. Lois Frankel (D-Fla.), David Schweikert (R-Ariz.), Ted Deutch (D-Fla.), and Jim Himes (D-Conn.), and in the Senate by Sen. Richard Blumenthal (D-Conn.), is so important. The Act would create a uniform system for reporting data that the government already collects on work visa programs and require making that information available to the the public, non-governmental organizations, researchers, and lawmakers. Because the government already possesses a vast amount of data on guestworker programs and temporary visas, the bill does not require the government to collect much more or to impose new burdens or requirements on employers. It would simply provide increased access to this information. That may seem like a small step, but it would go a long way to bringing a much-needed dose of transparency to our immigration system and drastically improve the quality of public debates surrounding temporary foreign worker programs.
It’s not a puzzle if American workers oppose trade agreements
Yesterday, NPR’s Chris Arnold wrote the latest in what has become a very long line of “explainer” pieces about economic globalization and the presidential campaigns. Nearly all of these pieces seek to resolve an alleged puzzle: nearly all reputable economists argue that policy efforts to boost trade are good for the U.S. economy, yet many (if not most) American workers strongly oppose trade agreements signed in recent decades.
Arnold puts forward a pretty common solution to this alleged puzzle: “trade’s benefits are diffuse, but the pain is concentrated.” In this view, the only losers from trade are those workers directly displaced by imports. Every other consumer in the economy benefits from lower prices. But because the losers are small and concentrated, they can organize to oppose trade agreements. And while the winners are numerous and widespread, the benefits (e.g., slightly more affordable clothing and DVD players) are hard to notice, so no one organizes to support these agreements.
This is a common way of describing the effects of using policy to expand trade, but on the economics, it is certainly not correct. In textbook trade models, using policy levers (lower tariffs, for example) to boost trade with poorer countries will indeed cause total national income in the United States to rise. But these same textbooks also predict that the resulting expansion of trade will redistribute far more income than it creates. And the direction of this redistribution is upward. So it is perfectly possible to have policy efforts to expand trade lead to higher national income yet leave the majority of workers worse off. Importantly, the losers in these textbook models are not just workers directly displaced by imports—they’re all the workers in the entire economy who resemble the trade-displaced in terms of education and credentials.
U.S. trade policy: Populist anger or out-of-touch elites?
This post originally appeared in The Globalist.
The presidential primary campaigns of both political parties have exposed widespread voter anger over U.S. global trade policies. In response, hardly a day has recently gone by without the New York Times, the Washington Post and other defenders of the status quo lecturing their readers on why unregulated foreign trade is good for them. The ultimate conclusion is always the same—that voters should leave complicated issues like this to those intellectually better qualified to deal with them. Trade experts, according to Binyamin Appelbaum of the Times have been “surprised” at the popular discontent over this issue. Their surprise only shows how disconnected the elite and the policy class that supports it is from the way most people actually experience the national economy. The United States has always been a trading nation. But until the 1994 North American Free Trade Agreement, trade policy was primarily an instrument to support domestic economic welfare and development.
A lop-sided deal: Investment vs. jobs
Starting with NAFTA, pushed through not by a Republican president, but by the Bill Clinton in 1994, it became a series of deals in which profit opportunities for American investors were opened up elsewhere in the world in exchange for opening up U.S. labor markets to fierce foreign competition. As Jorge Castañeda, who later became Mexico’s foreign minister, put it, NAFTA was “an agreement for the rich and powerful in the United States, Mexico and Canada, an agreement effectively excluding ordinary people in all three societies.” For 20 years, leaders of both parties have assured Americans that each new NAFTA-style deal would bring more jobs and higher wages for workers, and trade surpluses for their country. It was, they were told, an iron law of economics.
Paul Ryan failed to pass a Republican budget resolution—but that’s good news
It’s now widely accepted among Washington commentators that the Republican House of Representatives dropped the ball on the federal budget over the past week. You might think this means people have finally noticed just how bad the Republican House Budget Resolution that passed out of committee recently was. But, no.
Instead, the tsk tsking is about the Republicans officially missing the statutory deadline to pass a budget resolution. Now, this is a puzzling failure, to be clear. Republicans have majorities in both the House and the Senate, and Speaker Paul Ryan promised to restore “regular order” on budgets during his tenure.
And Republicans had fun in recent years characterizing Democrats as not doing their jobs because they could not pass annual budgets through regular order (the irony, of course, being that these budgets were held up by Republicans boisterously opposing any compromise). Mitch McConnell did some of the best mocking, “I don’t think the law says, ‘Pass a budget unless it’s hard,’ so I think there’s no question that we would take up our responsibility. We would be passing a budget. Every year.”
On renaming the Woodrow Wilson School: The standards of his time, and ours
Last week, the Princeton University trustees announced they were rejecting student protester demands that “Woodrow Wilson” be removed from the names of the university’s School of Public and International Affairs and a residential undergraduate college.
The protesters objected to honoring Wilson because he participated in and, as president of the United States, helped lead a national wave of reaction against the progress towards equality that African Americans had made in the decades after emancipation. In particular, Wilson segregated, for the first time, the federal civil service.
The trustees agreed that Wilson’s racial policies, both as president of the university (where he refused to admit African American students) and as president of the United States were a serious blemish on his record. They recommended greater efforts to recruit African American students, programs to better incorporate those students into university life, and “a much more multi-faceted understanding and representation of Wilson on our campus, especially at the school and the college where his name is commemorated.” They made no specific proposals in this regard, but it would seem reasonable to install a prominent plaque at the entrances of these buildings that describe Wilson’s contributions to segregating American society, and distribute a pamphlet to each student at the school and college that describes the origins of segregation and Woodrow Wilson’s contribution to it.
Such an approach would be preferable to removing his name. Preserving the identity of the school and college should be a provocation for ongoing discussion of this history. Sanitizing the names, in contrast, could ensure that future generations of Princeton students will be as little challenged by that history as previous generations have been.
TIME runs incoherent rant on U.S. debt as cover story
After a too-short hiatus, fear-mongering about the debt is back in a big way. TIME magazine is so worried that they’ve taken it upon themselves to not only put out an entire series to remind people that they must still fear the debt boogeyman, but have also allowed the headline story to center on long-debunked ramblings about the glories of the gold standard. There is so much wrong in the headline story that it would take a treatise to correct, but let’s just focus on a couple of easy things.
First: $13,903,107,629,266 (the size of the federal government’s debt)—that’s a big number. But context, one of many things lacking in this article, is also important. $18,164,800,000,000 is a larger number, and one that happens to be U.S. Gross Domestic Product (GDP). As was highlighted in our recent piece on Donald Trump, what matters is the size of public debt relative to the size of the economy. For further context, Greek debt at its recent peak was 175 percent of Greek GDP. That’s a level that the Congressional Budget Office baseline doesn’t even have the U.S. government hitting in three decades. And even Greek debt had to be combined with screaming policy incompetence among European Union policymakers to spark an economic crisis. Finally, if we believe that the confidence fairy may tolerate a couple of years of deficits but will come roaring back to punish us because of sustained debt levels, then it’s worth noting that Japan, where debt currently sits at 123 percent of GDP, has had a debt-to-GDP ratio of over 80 percent since 2004—with no signs yet of creditors fleeing.
Since the author of the TIME article, James Grant, is determined to analogize between government debt and personal debt, we should point out a couple of quick things. First, even for a person, a debt that is less than 80 percent of their annual income is far from ruinous. Lots of Americans would, for example, rejoice if their outstanding mortgage was less than 80 percent of their annual salary. Second, lots of people have debts—mortgages, auto loans, student loans—and yet have substantial net worth because they also own assets. Both of these insights apply to the government, maybe even more forcefully. For example, many people with mortgages less than 80 percent of their annual income would consider themselves in a good financial place. But people really do have to pay off their mortgage in full someday. Governments—entities that never die—don’t. So, the burden of an 80-percent-of-income debt is much, much less pressing to a government than a person. The government also owns assets. Lots of them. And these estimates of assets don’t even include the biggest one: the power to tax.
There are economically coherent arguments about why the United States should address projected future deficits before too long. They’re not hugely convincing to us, but they do exist. But they’re not in the new TIME magazine cover story.
Verizon shows us why strikes—and unions—matter for working people
40,000 Verizon workers are currently on strike across the country after the company and labor unions failed to reach a new contract agreement last year. Verizon has reaped over $39 billion in profits over the last three years, and its CEO rakes in 200 times more per year than the average Verizon worker. Despite this clear sign of prosperity, Verizon refuses to let its employees share these gains. Instead, Verizon wants to severely cut health care coverage, slash benefits for injured and retired workers, and outsource work to low-wage contractors overseas. As the daughter of a striking Verizon worker and as a union member myself, I know that workers do not decide lightly to go on strike. Strikes are disruptive and stressful, and create financial strain for workers and their families. But they are necessary when large corporations refuse to give working people a fair share of the profits they help create, and Verizon workers have been without a contract for ten months.
By going on strike, the Verizon workers are using one of the few tools workers have left in today’s economy to claim their fair share of economic growth. They are also pushing back against the rigged rules of the economy that privilege capital owners and corporate managers. I stand in solidarity with my mother and thousands of her fellow union members as they fight for a fair contract. Their call for job security, protected benefits, and improved working conditions is emblematic of larger trends affecting working people across America. Their strike is also an example of how important it is for working people to have the right to stand together and negotiate collectively for fair wages and benefits and safe working conditions. Unfortunately, this right has been severely eroded over the fifty years by policy choices made on behalf of those with the most wealth and power—and this erosion has directly contributed to stagnating wages for the vast majority of workers.
Wisconsin’s so-called right to work law has been ruled unconstitutional
A trial court in Wisconsin has ruled that the state’s new law banning union contracts that make every employee the union represents pay his fair share of the costs of representation is unconstitutional.
The union plaintiffs and the court took a fairly novel approach to this issue and ruled on grounds I had never considered: compelling a union to represent non-dues-paying free riders (as the law does) means the state is taking the union members’ dues and forcing them to spend it on free riders without any compensation by the state. It’s an unconstitutional taking without just compensation, in violation of Article 1, section 13 of the Wisconsin constitution. A similar argument under the Fifth Amendment of the U.S. Constitution was made by Judge Diane Wood, dissenting in Sweeney v. Pence, 767 F3d 654, 683-84 (7th Cir 2014), where the majority upheld Indiana’s identical law.
The state requires unions to represent every member of the bargaining unit fairly and equally, so the union can’t avoid spending from its treasury when a non-dues-payer demands that the union take his grievance, in a situation where it would take a union member’s grievance. That representation can involve arbitration fees and the costs of a lawyer, which can easily exceed $10,000. The state imposes this burden on the union for the “public purpose [of] making the business climate in the state more favorable,” but it offers the union no compensation at all. The court rejected the notion that giving the union exclusive bargaining rights was sufficient compensation: “The proposition that winning an election is sufficient compensation and that all subsequent work must be done for free does not make any more sense than the proposition that there is a free lunch.”