Why Eugene Scalia is the wrong person for the job
Working women and men need and deserve a Secretary of Labor—somebody who will look out for their interests, protect them from unscrupulous employers, set strong health and safety standards, and safeguard their retirement security.
Unfortunately, corporate lawyer Eugene Scalia, the man named by President Trump to be the next Secretary of Labor, is not that person.
Scalia, a graduate of the University of Chicago Law School, is a partner at the Washington, D.C.-based law firm Gibson, Dunn & Crutcher, where he specializes in labor and employment law and administrative law. He is an active participant in the activities of the Federalist Society—a right-wing legal group. Scalia was nominated in 2001 by President George W. Bush to be Solicitor of Labor, but his nomination was blocked because of opposition over his extreme views against worker health and safety protections. Bush circumvented the Senate and installed Scalia as Solicitor through a recess appointment. Scalia returned to his law firm at the beginning of 2003.
Scalia has built his career representing corporations, financial institutions, and other business organizations—and fighting worker protections like health and safety regulations, retirement security, and collective bargaining rights. Scalia’s reputation as the go-to lawyer for corporations wanting to avoid worker and consumer protections is so notorious that a headline in a Bloomberg Businessweek profile on Scalia read, “Suing the Government? Call Scalia.”1 Here are just a few examples of cases where Scalia, on behalf of corporations and trade associations, has attacked worker and consumer protections:Read more
What to Watch on Jobs Day: Are there signs of wage acceleration?
Remember that ad from the 1980s where that woman keeps asking “Where’s the beef?” I’m feeling a little like her these days, asking “Where’s the wage growth?” It’s true that the labor market continues to chug along. The unemployment rate has been at or below 4.0 percent for the last 16 months, yet, I still find myself looking for the beef—in this case, stronger wage growth.
Earlier this week in EPI’s Macroeconomic Newsletter, Josh Bivens posited two different ways to measure wage growth using the establishment survey (CES) data that’s released every jobs day. The first measure, as EPI typically uses in our nominal wage tracker, tracks growth each month relative to the same month the prior year. For the second, he looks at quarter to quarter changes (at an annualized rate for comparison). While year over year, it’s pretty clear that wage growth has flat-lined in recent months and has yet to reach the Federal Reserve’s target zone (given inflation targets and productivity potential), the second measure shows clearly that there’s actually been a deceleration in wage growth this year. The Employment Cost Index, released yesterday, also shows a marked deceleration in private sector wage growth.
Not just ‘no heat’ but signs of cooling: The case for FOMC rate cuts has real merit

Josh Bivens, director of research at EPI
Federal Reserve Chair Jerome Powell’s July 10 testimony before the House Financial Services Committee was unlike any hearing featuring his predecessors.
Despite the vital importance of Fed decisions for the day-to-day lives of working families, congressional hearings featuring the Fed chair speaking about the state of the economy historically have disappointed. Disinterested and poorly informed questions posed by members of Congress have elicited opaque answers from Fed chairs.
This hearing was different. The questions were probing and informed, and Powell answered them with clarity.
Perhaps the most illuminating exchange occurred when Representative Steve Stivers (R-Ohio) asked Powell if the Fed was worried that low interest rates would cause the job market to run “hot.”
It’s not trickling down: New data provides no evidence that the TCJA is working as its proponents claimed it would
The strongest economically-respectable argument from proponents of the Trump administration’s Tax Cuts and Jobs Act (TCJA) was that corporate tax cuts would eventually trickle down to workers’ wages. The theory goes that higher after-tax corporate profits are passed down to shareholders in the form of higher dividends. Higher dividends incentivize households to save more, or attract more savings from abroad. The increased savings push down interest rates, so that it’s easier for corporations to borrow money to invest in new plants and equipment. And this new capital stock gives workers more and better tools to work with, boosting their productivity, and eventually that increased productivity should boost wages.
We’ve explained plenty of times why, in practice, this theory was unlikely to hold (and that even this theory depends on the tax cut not being debt-financed to work—but the TCJA was indeed financed solely with debt). But the bottom-line linchpin for assessing if the TCJA is working as promised is the performance of investment. We now have 18 months of data on investment since the passage of the TCJA, plenty of time for its increased incentives for private investment to have taken hold. But the data doesn’t come close to supporting the story told by TCJA proponents.
Detailed estimates for policies in EPI’s ‘Budget for Shared Prosperity’
On June 11, 2019, EPI participated in the Peter G. Peterson Foundation’s (PGPF) “Solutions Initiative.” This project entailed submitting our own model federal tax and budget plan. In a previous post, we described the big picture behind our proposals. And in a recent report, we described the size of the spending and revenue increases in our budget, while paying particular attention to the details of our proposals for raising revenues and the reasoning behind them.
But we also wanted to provide more specific scores for each proposal in the “Budget for Shared Prosperity.” Estimates for spending proposals were put together by EPI and reviewed by independent scorekeepers contracted by PGPF. Estimates for the tax policies in our budget were put together by the Tax Policy Center (TPC). More information on score-keeping can be found in the report for the “Solution’s Initiative.”
Table 1 provides 30-year scores for each of the proposals in the “Budget for Shared Prosperity” in billions of dollars, as well as the effect on debt and deficits. Table 2 provides the net effects of these proposals relative to CBO baseline as a percentage of GDP. And Table 3 provides the net effects of these proposals relative to CBO baseline in billions of dollars.
August Recess 2019: A look back at the House’s legislative victories that benefit working people
Today, Congress ended its legislative work for the summer. Members return to their districts after a busy week dominated by discussion of the Mueller report. While much of the focus of the 116th Congress has been on investigations of the Trump administration, the House of Representatives has passed several bills that would benefit working people. Just last week, the House passed the Raise the Wage Act which would raise the minimum wage to $15 an hour in 2025. This critical legislation would increase wages for over 33 million U.S. workers and lift 1.3 million people out of poverty–nearly half of them children. Workers in every congressional district in the country would benefit from this critical legislation. EPI recently released a map that shows the benefits of raising the minimum wage to $15 by 2025 by congressional district.
In March, the House passed the Paycheck Fairness Act, which would strengthen the Equal Pay Act of 1963 and guarantee that women can challenge pay discrimination and hold their employers accountable. Since the passage of the Equal Pay Act of 1963, millions of women have joined the workforce. However, more than five decades later, women are still earning less than their male counterparts. On average in 2018, women were paid 22.6 percent less than men, after controlling for race and ethnicity, education, age, and location. This gap is even larger for women of color, with black and Hispanic women being paid 34.9 and 34.3 percent less per hour than white men, respectively—even after controlling for education, age, and location. The Paycheck Fairness Act is crucial legislation in reducing these gender pay gaps and guaranteeing women receive equal pay for equal work.
Affordability and quality—attainable goals for an effective early care and education system
Last month, Senator Warren (D-Mass.) and Representative Haaland (D-N.M.) introduced the Universal Child Care and Early Learning Act. The legislation sets out to tackle the two-pronged problem with the current early care and education (ECE) system in the Unites States today: affordability and quality. Current funding for the ECE system is insufficient because what parents can afford to pay is simply not enough to provide early educators with a fair wage and ensure high-quality care and education for young children.
The lack of affordability for families has been well-documented. EPI has consolidated information from a variety of sources and crunched the numbers on affordability for each state into handy child care fact sheets. There, you can see just how hard it is for families to pay for ECE for one, let alone two children. And, the problem of affordability isn’t limited to low-income families. In Arizona, the state with the median (middle) value of infant care costs across the nation, a typical family with children would have to pay 20 percent of their income for infant care. The cost is more than one year of in-state tuition for a four-year public college and greatly exceeds the recommended affordability standard of 7 percent.
The proposed legislation tackles affordability by setting limits on how much parents need to pay out of pocket for care. Those with incomes under 200 percent of the federal poverty line (about $40,000 for a two-parent one child family) are fully subsidized, while expenses are capped on a graduated basis up to 7 percent of income for the highest earners. This payment structure recognizes that affordability issues persist in not just the poorest of families but many middle-income families as well.
Teachers need better professional development opportunities, more support
We recently published a deep-dive into the professional development of teachers—strengths, shortcomings, places for improvement. What we found, in short, was reason for optimism on a few fronts, substantial room for improvement on a much larger number of aspects—and also room for learning more about these systems of supports.
The lastest report of our “Perfect Storm in the Teacher Labor Market” series is devoted to examining the systems of professional supports available to teachers—i.e. the early career, ongoing professional development opportunities, and the learning communities they are part of.
Though in the report we keep the main two themes of “equity” and “quality” used in the teacher shortage series, this time, unlike in previous reports, we navigate grayer areas regarding the framing of the report and the straight correlations between the supports and the shortage. For one, because there is no set of supports deemed as ideal and universally valid in the field, because there is insufficient information about for whom, for what, and why these supports matter , and also because it is unlikely that lack of any specific resource or support can be a sole cause for expelling teachers from the classrooms or not attracting new ones to them (or at least these are less clear than in prior reports).
Social Security expansion would likely bolster, not hurt, economic growth
A recent analysis from the Penn Wharton Budget Model (PWBM) claims that expanding Social Security benefits along the lines of Rep. John Larson’s (D-Conn.) Social Security Act of 2100 (“the Act”) would slow economic growth. The model warrants a closer look, not just because it casts doubt on Social Security expansion, but because some of its dubious assumptions can be used against almost any policy that raises progressive taxes to pay for programs tilted in favor of low- and moderate-income Americans.
The Act, which has over 200 cosponsors, would increase payroll tax revenues to pay for expanded benefits while eliminating or greatly reducing Social Security’s long-term deficit. Among other things, the act would subject earnings above $400,000 to the Social Security payroll tax (earnings above $132,900 are not currently taxed); gradually raise the payroll tax rate; increase benefits in a progressive fashion;1 and change the consumer price index used for the cost-of-living adjustment to better match the higher inflation faced by seniors.
Low-wage workers will see huge gains from minimum wage hike, CBO finds
Raising the federal minimum wage to $15 an hour will be hugely beneficial to low-income Americans, according to a new report from the non-partisan Congressional Budget Office.
At the same time, the analysis forecasts the loss of around 1.3 million jobs. There are good reasons not to take this prediction seriously, as I explain below. But even taking CBO’s findings at face value, an overwhelming share of low-wage workers would benefit from the minimum wage increase.
The main takeaway from the CBO’s report is the estimate that a $15 minimum wage by 2025 would raise wages of up to 27.3 million low-wage workers, decrease income inequality, and reduce the number of families in poverty by 1.3 million. Overall, CBO found that low-wage workers as a group would benefit enormously from the minimum wage increase. According to CBO’s own findings, the increase to $15 would raise total annual earnings for low-wage workers by $44 billion.