Thursday, March 4, 2021

Too Much Choice Is Hurting America [feedly]

Krugman touches on an important aspect of needed restructured capitalism -- there are places -- like parasitical financial, health care/ insurance/pharma and energy monopolies and oligopolies -- where it simply does not work, not for the public, and not for the areas of the economy where capitalism DOES still works -- like restaurants [how diverse will state produced restaurant choices, or entertainments ever be?]. 🙂


Too Much Choice Is Hurting America
https://www.nytimes.com/2021/03/01/opinion/deregulation-health-care-electricity.html


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Dan Patrick, the lieutenant governor of Texas, is clearly what my father would have called a piece of work.

Early in the pandemic he made headlines by saying that older Americans should be willing to risk death so that younger people could "get back to work." More recently, he suggested that Texans who found themselves with $17,000 electricity bills after the February freeze had only themselves to blame, because they didn't "read the fine print."

Funny, isn't it, how politicians who denounce liberal elitists sneer when ordinary Americans get into trouble?

But something else struck me about Patrick's take on supersize power bills: How did we become a country where families can face ruin unless they carefully study something as mundane, as normally routine, as their electricity contract?



As The Times's Margot Sanger-Katz has documented, many people end up with heavy financial burdens because they chose the wrong health insurance plan — yet even experts have a very hard time figuring out which plan is best. Using an out-of-network health care provider can also lead to huge medical bills.

Wait, there's more. One cause of the 2008 financial crisis was the proliferation of novel financial arrangements, like interest-only loans, that looked like good deals but exposed borrowers to huge risks.

What these stories have in common is that they're snapshots of a country in which many of us are actually offered too many choices, in ways that can do a lot of harm.

It's true that both Economics 101 and conservative ideology say that more choice is always a good thing. Milton Friedman's famous and influential 1980 TV series extolling the wonders of capitalism was titled "Free to Choose."



The spread of this ideology has turned America into a land where many aspects of life that used to be just part of the background now require potentially fateful decisions. You don't get a company pension, you have to decide how to invest your 401(k). When you turn 65, you don't just get put on Medicare, you also decide which of many Medicare Advantage plans to sign up for. You don't just get power and phone service, you also have to choose from a wide variety of options.

Some, maybe even most, of this expansion of choice was good. I don't miss the days when all home phones were owned by AT&T and customers weren't allowed to substitute their own handsets.

But the argument that more choice is always good rests on the assumption that people have more or less unlimited capacity to do due diligence on every aspect of their lives — and the real world isn't like that. People have children to raise, jobs to do, lives to live and limited ability to process information.

And in the real world, too much choice can be a big problem.

The lesson of subprime mortgages, health insurance and now Texas electricity is that sometimes people offered too much choice will make bigger mistakes than they imagined possible. But that's not all. Too much choice creates space for predators who exploit our all-too-human limitations.

Before the subprime mortgage crisis, Edward Gramlich, a Federal Reserve official who warned in vain about the potential for disaster, asked, "Why are the most risky loan products sold to the least sophisticated borrowers?" The question, he suggested, "answers itself — the least sophisticated borrowers are probably duped into taking these products."

Similarly, there's clearly a lot of profiteering in medical billing, with the victims disproportionately those least able to understand what's happening.

Beyond all that, I'd suggest that an excess of choice is taking a psychological toll on many Americans, even when they don't end up experiencing disaster.



There's a growing body of research suggesting that the costs of poverty go beyond the trouble low-income families have in affording necessities. The poor also face a heavy "cognitive burden" — the constant need to make difficult choices that the affluent don't confront, like whether to buy food or pay the rent. Because people have limited "bandwidth" for processing complex issues, the financial burdens placed on the poor all too often degrade their ability to make good decisions on other issues, sometimes leading to self-destructive life choices.

What I'm suggesting is that a society that turns what should be routine concerns into make-or-break decisions — a society in which you can ruin your life by choosing the wrong electric company or health insurer — imposes poverty-like cognitive burdens even on the middle class.

And it's all unnecessary. We're a rich country — and citizens of other rich countries don't worry about being bankrupted by medical expenses. It wouldn't take much to protect Americans against being scammed by mortgage lenders or losing their life savings to fluctuations in the wholesale price of electricity.

So the next time some politician tries to sell a new policy — typically deregulation — by claiming that it will increase choice, be skeptical. Having more options isn't automatically good, and in America we probably have more choices than we should.

The Times is committed to publishing a diversity of letters to the editor. We'd like to hear what you think about this or any of our articles. Here are some tips. And here's our email: letters@nytimes.com.

Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

Paul Krugman has been an Opinion columnist since 2000 and is also a Distinguished Professor at the City University of New York Graduate Center. He won the 2008 Nobel Memorial Prize in Economic Sciences for his work on international trade and economic geography. @PaulKrugman


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Monday, March 1, 2021

China Charges Ahead With a National Digital Currency [feedly]

China Charges Ahead With a National Digital Currency
https://www.nytimes.com/2021/03/01/technology/china-national-digital-currency.html

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Annabelle Huang recently won a government lottery to try China's latest economics experiment: a national digital currency.

After joining the lottery through the social media app WeChat, Ms. Huang, 28, a business strategist in Shenzhen, received a digital envelope with 200 electronic Chinese yuan, or eCNY, worth around $30. To spend it, she went to a convenience store near her office and picked out some nuts and yogurt. Then she pulled up a QR code for the digital currency from inside her bank app, which the store scanned for payment.

"The journey of how you pay, it's very similar" to that of other Chinese payments apps, Ms. Huang said of the eCNY experience, though she added that it wasn't quite as smooth.

China has charged ahead with a bold effort to remake the way that government-backed money works, rolling out its own digital currency with different qualities than cash or digital deposits. The country's central bank, which began testing eCNY last year in four cities, recently expanded those trials to bigger cities such as Beijing and Shanghai, according to government presentations.

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The effort is one of several by central banks around the world to try new forms of digital money that can move faster and give even the most disadvantaged people access to online financial tools. Many countries have taken action as cryptocurrencies such as Bitcoin, which has recently soared in value, have become more popular.

Image
Annabelle Huang's screenshot of the eCNY app.

But while Bitcoin was designed to be decentralized so that no company or government could control it, digital currencies created by central banks give governments more of a financial grip. These currencies can enable direct handouts of money that expire if not used by a particular date and can make it easier for governments to track financial transactions to stamp out tax evasion and crack down on dissidents.

Over the last 12 months, more than 60 countries have experimented with national digital currencies, up from just over 40 a year earlier, according to the Bank for International Settlements. The countries include Sweden, which is conducting real-world trials of a digital krona, and the Bahamas, which has made a digital currency, the Sand Dollar, available to all citizens.

In contrast, the United States has moved slowly and done just basic research. At a New York Times event last week, Treasury Secretary Janet L. Yellen indicated that might change when she said an American digital currency was "absolutely worth looking at" because it "could result in faster, safer and cheaper payments."

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Yet no major power is as far along as China. Its early moves could signal where the rest of the world goes with digital currencies.

"This is about more than just money," said Yaya Fanusie, a fellow at the Center on Economic and Financial Power, a think tank, and an author of a recent paper on the Chinese currency. "It's about developing new tools to collect data and leverage that data so that the Chinese economy is more intelligent and based on real-time information."

While the Chinese government has not said if and when it will officially introduce the eCNY nationwide, several officials have mentioned having it ready for tourists visiting for the 2022 Olympics in Beijing. Recent articles and speeches from officials at the People's Bank of China, which is the country's central bank, underscored the project's ambitions and the desire to be first.

"The right to issue and control digital currencies will become a 'new battlefield' of competition between sovereign states," read an article in China Finance, the magazine of the central bank, in September. "China has many advantages and opportunities in issuing fiat digital currencies, so it should accelerate to seize the first track."

The People's Bank of China did not respond to a request for comment.

The development of a national digital currency began in 2014, when the People's Bank of China set up an internal group to work on one, shortly after Bitcoin gained attention in the country. In 2016, the central bank created a division called the Digital Currency Institute. Last year, it began trials of eCNY in the cities of Shenzhen, Suzhou, Xiongan and Chengdu, according to research from Sino Global Capital, a financial investment firm.

People invited to the trial through a lottery on WeChat or other apps were able to click on a link and get a balance of 200 electronic yuan, which was sometimes displayed in their bank app over a picture of an old-fashioned Chinese bank note with Mao Zedong's face. To spend the money, users can use an eCNY app to scan a retailer's QR code or produce a QR code that the retailer can scan.

The design of eCNY borrows only a few minor technical elements from Bitcoin and does not use the so-called blockchain technology, a ledger-like system, which most cryptocurrencies rely on, officials from the People's Bank of China have said.

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In a hint of the currency's unusual nature, recipients have only a few weeks to spend the digital money before it disappears. So far, only a limited number of retailers have taken the currency. But early users said the experience was so similar to Chinese digital payment options like Alipay and WeChat Pay that it would not be hard to switch to it if it rolled out nationwide.

"I'm totally fine to pay with the eCNY, since it's smooth and fast enough," said Yifan Gao, 30, a financial analyst in Shenzen, who recently used her 200 eCNY to buy snacks at a 7-Eleven.

Ms. Gao added that the eCNY would become mainstream only if people could send it to friends, which was not possible with the trial version.

Eswar Prasad, the former head of the International Monetary Fund's China division, said one of the most important factors driving the eCNY was the success of WeChat Pay and Alipay. Both have given rise to a new alternate financial system that has worried Chinese officials and led to a recent crackdown on Jack Ma, the founder of Alibaba and Ant Financial, which owns Alipay.

"The eCNY is really a defensive mechanism to keep central bank money relevant," Mr. Prasad said.

If the eCNY is successful, it will give the central bank new powers, including novel types of monetary policy to help grow the economy. In one scenario that economists have discussed, a central bank could program its digital currency to slowly lose value so that consumers are encouraged to spend it immediately.

Some economists said China's digital currency would also make it easier for the renminbi to compete with the U.S. dollar as a global currency because it can move internationally with fewer barriers. But Chinese officials and analysts have said that many other changes would be necessary for that to happen.

Beyond those ambitions, the eCNY could immediately give the Chinese government more power to monitor finance flows because a digital currency system can record every transaction. That poses privacy concerns, with China having used many tools in the past to crack down on dissidents.

The Great Divergence: A Fork in the Road for the Global Economy [feedly]

Personally, I think the Great Divergence was ignited long ago, but this is nonetheless a sobering report and the pandemic corruptions aggravating inequality trends across the world.

The Great Divergence: A Fork in the Road for the Global Economy
https://blogs.imf.org/2021/02/24/the-great-divergence-a-fork-in-the-road-for-the-global-economy/

As G20 finance ministers and central bank governors meet virtually this week, the world continues to climb back from the worst recession in peacetime since the Great Depression.

The IMF recently projected global GDP growth at 5.5 per cent this year and 4.2 per cent in 2022. But it is going to be a long and uncertain ascent. Most of the world is facing a slow rollout of vaccines even as new virus mutations are spreading—and the prospects for recovery are diverging dangerously across countries and regions.

Indeed, the global economy is at a fork in the road. The question is: will policymakers take action to prevent this Great Divergence?

There is a major risk that most developing countries will languish for years to come.

As our note to the G20 meeting points out, there is a major risk that as advanced economies and a few emerging markets recover faster, most developing countries will languish for years to come. This would not only worsen the human tragedy of the pandemic, but also the economic suffering of the most vulnerable.

We estimate that, by the end of 2022, cumulative per capita income will be 13 percent below pre-crisis projections in advanced economies—compared with 18 percent for low-income countries and 22 percent for emerging and developing countries excluding China. This projected hit to per capita income will increase by millions the number of extremely poor people in the developing world.

In other words, the convergence between countries can no longer be taken for granted. Before the crisis, we forecast that income gaps between advanced economies and 110 emerging and developing countries would narrow over 2020–22. But we now estimate that only 52 economies will be catching up during that period, while 58 are set to fall behind.

This is partly because of the uneven access to vaccines. Even in the best-case scenario, most developing economies are expected to reach widespread vaccine coverage only by end-2022 or beyond. Some are especially exposed to hard-hit sectors such as tourism and oil exports, and most of them are held back by the limited room in their budgets.

Last year, advanced economies on average deployed about 24 percent of GDP in fiscal measures, compared with only 6 percent in emerging markets and less than 2 percent in low-income countries. Cross-country comparisons also show how more sizable crisis support was often associated with a smaller loss in employment.

And it is not just divergence across countries. We also see an accelerated divergence within countries: the young, the low-skilled, women, and informal workers have been disproportionately affected by job losses. And millions of children are still facing disruptions to education. Allowing them to become a lost generation would be an unforgiveable mistake.

It would also deepen the long-term economic scars of the crisis, which would make it even more difficult to reduce inequality and boost growth and jobs. Think of the challenges ahead: for G20 economies alone (excluding India and Saudi Arabia due to data limitations), total employment losses are projected at more than 25 million this year and close to 20 million in 2022, relative to pre-crisis projections.

So again, we stand at a fork in the road—and if we are to reverse this dangerous divergence between and within countries, we must take strong policy actions now. I see three priorities:

First, step up efforts to end the health crisis.

We know that the pandemic is not over anywhere until it is over everywhere. While new infections worldwide have recently declined, we are concerned that multiple rounds of vaccinations may be needed to preserve immunity against new variants.

That is why we need much stronger international collaboration to accelerate the vaccine rollout in poorer countries. Additional financing to secure doses and pay for logistics is critical. So, too, is timely reallocation of excess vaccines from surplus to deficit countries, and a significant scaling up of vaccine production capacity for 2022 and beyond. Insuring vaccine producers against the downside risks of overproduction may be an option worth considering.

We also need to ensure greater access to therapies and testing, including virus sequencing, while steering clear of restrictions on exports of medical supplies. The economic arguments for coordinated action are overwhelming. Faster progress in ending the health crisis could raise global income cumulatively by $9 trillion over 2020–25. That would benefit all countries, including around $4 trillion for advanced economies—which beats by far any measure of vaccine-related costs.

Second, step up the fight against the economic crisis.

Led by G20 countries, the world has taken unprecedented and synchronized measures, including nearly $14 trillion in fiscal actions. Governments need to build on these efforts by continuing to provide fiscal support—appropriately calibrated and targeted to the stage of the pandemic, the state of their economies, and their policy space.

The key is to help maintain livelihoods, while seeking to ensure that otherwise viable companies do not go under. This requires not just fiscal measures, but also maintaining favorable financial conditions through accommodative monetary and financial policies, which support the flow of credit to households and firms.

The considerable monetary easing by major central banks has also enabled several developing economies to regain access to global capital markets and borrow at record-low rates to support spending, despite their historic recessions. Given the gravity of the crisis, there is no alternative to continued monetary policy support. But there are legitimate concerns around unintended consequences, including excessive risk-taking and market exuberance.

One risk going forward—especially in the face of diverging recoveries—is the potential for market volatility in response to changing financial conditions. Major central banks will need to carefully communicate their monetary policy plans to prevent excess volatility in financial markets, both at home and in the rest of the world.

Third, step up support to vulnerable countries.

Given their limited resources and policy space, many emerging market and low-income nations could soon be faced with an excruciating choice between maintaining macroeconomic stability, tackling the health crisis, and meeting peoples' basic needs.

Their increased vulnerability not only affects their own prospects for recovery from the crisis, but also the speed and scale of the global recovery; and it can be a destabilizing force in a number of already fragile areas. Vulnerable countries will need substantial support as part of a comprehensive effort:

The first step begins at home, with governments raising more domestic revenue, making public spending more efficient, and improving the business environment. At the same time, international efforts are critical to further scale up concessional financing and leverage private finance, including through stronger risk-sharing instruments.

Another option under consideration is a new SDR allocation to help address the global long-term need for reserves. This could add a substantial, direct liquidity boost to countries, without adding to debt burdens. It could also expand the capacity of bilateral donors to provide new resources for concessional support, including for health spending. An SDR allocation served the world well in tackling the global financial crisis in 2009—it could serve us well again now.

Following a comprehensive approach also means dealing with debt. The G20's debt service suspension initiative (DSSI) quickly freed up vital resources. And the new Common Framework can go even further: facilitating timely and orderly debt treatments for DSSI-eligible countries, with broad creditor participation including the private sector. These treatments should involve debt service reprofiling to help countries facing large financing needs, and deeper relief where debt burdens have become unsustainable. With the first requests in, the Common Framework should be swiftly operationalized by all creditors—official and private.

For its part, the IMF has stepped up in an unprecedented manner by providing over $105 billion in new financing to 85 countries and debt service relief for our poorest members. We aim to do even more to support our 190 member countries in 2021 and beyond.

That includes supporting efforts to modernize international corporate taxation. We need a system that is truly fit for the digital economy and that is more attuned to the needs of developing countries. Here multilateral efforts will be essential to help ensure that highly profitable firms pay tax in markets where they do business and thereby strengthen public finances.

These policy measures can help address the Great Divergence. Given their resources, advanced economies will continue to invest in human capital, digital infrastructure, and the transition to the new climate economy. It is vital that poorer countries have the support they need to make similar investments, especially in the job-rich climate adaptation measures that will be essential as our planet gets warmer.

The alternative—to leave poorer countries behind—would only entrench abject inequality. Even worse, it would represent a major threat to global economic and social stability. And it would rank as a historic missed opportunity.

We can take inspiration from the spectacular international cooperation that has given us effective vaccines in record time. That spirit is now more important than ever to overcome this crisis and secure a strong and inclusive recovery.


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Executive action to combat wage theft against U.S. workers [feedly]

An issue every labor council and community allies could develop.
Executive action to combat wage theft against U.S. workers
https://equitablegrowth.org/executive-action-to-combat-wage-theft-against-u-s-workers/

Executive action to combat wage theft against U.S. workers 
from Equitable Growth

Overview

Wage theft against U.S. workers exacerbates the long-run problem of low and stagnant wages. When companies commit wage theft, they impoverish families and deprive workers of the just compensation for their hard work, robbing workers of the value they contribute to economic growth and exacerbating economic inequality.

The odds that a low-wage worker will be illegally paid less than the minimum wage ranges from 10 percent to 22 percent, depending on overall economic conditions, and each violation costs that worker an average of 20 percent of the pay they deserve. Women, people of color, and noncitizens are especially vulnerable to wage theft and especially likely to feel they are not in a position to report the crime and get justice.

Cracking down on lawbreaking companies that don't pay workers what they are owed is a straightforward way for the Biden administration to raise the incomes and living standards of U.S. workers and their families.

Executive action

The Wage and Hour Division of the U.S. Department of Labor is the principal agency tasked with detecting, deterring, and punishing wage theft under the Fair Labor Standards Act. The Biden administration can take several steps to enhance the power and effectiveness of this important agency:

  • Ask for a large increase for the budget of the Wage and Hour Division in the president's fiscal year 2022 budget request
  • Prioritize strategic enforcement to use resources as effectively as possible
  • Pursue co-enforcement with community-based organizations
  • Protect workers from misclassification as independent contractors

We will discuss each in order below.

INCREASE THE BUDGET AND INSTITUTIONAL CAPACITY OF THE WAGE AND HOUR DIVISION

One of the central problems facing U.S. workers is that the Wage and Hour Division of the U.S. Department of Labor does not have the resources necessary to fulfill its responsibilities. As of May 1, 2020, the division employed 779 investigators to protect more than 143 million workers, which is fewer than the 1,000 investigators it employed back in 1948 when it was only responsible for safeguarding the rights of 22.6 million workers.

President Joe Biden's first budget should request that Congress more appropriately fund the Wage and Hour Division. For instance, the International Labor Organization recommends a benchmark of one investigator per 10,000 workers, which would require roughly 13,500 more investigators to be hired. Currently, this may be out of reach. But, at the very least, the Biden administration's first budget request for the division should, in real terms, exceed the FY2016 request for $332,543,000 to fund 2,044 full-time staff. 

The Wage and Hour Division can also work better with state and local agencies. A grant program should be created to support state and local enforcement agencies to facilitate sharing of innovative strategies and practices. Such a program would promote more effective enforcement at all levels while enhancing the potential for coordinating across agencies. In addition, the division should review and update its Memoranda of Understanding with state enforcement agencies that allow for reciprocal information-sharing and maximize coordinated interagency enforcement efforts.

PRIORITIZE STRATEGIC ENFORCEMENT

No matter what the funding situation is, the Wage and Hour Division can also more effectively use its resources to police illegal conduct by businesses. Strategic enforcement differs from reactive, complaint-based enforcement in that agencies proactively and visibly target high-violation industries and maximize the use of enforcement powers to increase the real and perceived costs of noncompliance with labor laws, without waiting for vulnerable workers to initiate complaints.

The division should reprioritize its personnel and other resources toward pursuing proactive investigations to better reach those industries with high violation rates but in which few complaints are filed. Under the Obama administration, roughly half of all investigations were initiated proactively. This is especially important today, amid the coronavirus recession. Research demonstrates that wage violations increase when the unemployment rate is high. (See Figure 1.)

Figure 1

Even though U.S. workers are more likely to experience wage violations during moments of economic contraction, that does not mean they are more likely to initiate complaints. The scarcity of jobs means that workers may not be able to find alternatives to their current employment situation, making them more afraid to complain about wage theft, lest they be fired or retaliated against. The power differential between workers and employers in economic downturns simultaneously emboldens employers who treat workers poorly and raises the stakes for workers who complain. This problem is most acute among low-wage workers who face the largest power differential vis-à-vis their employers.

Research on minimum wage enforcement suggests that workers in industries with the worst conditions are much less likely to complain about wage theft. Most wage theft goes unreported, and it is especially present in industries where women and people of color are overrepresented. (See Figure 2.)

Figure 2

The Wage and Hour Division needs to prioritize strategic enforcement, so its limited budget has the maximum impact on the most-vulnerable workers and most wage-theft-prone sectors. It can do this in several ways, according to the authors of the essay "Strategic enforcement and co-enforcement of U.S. labor standards are needed to protect workers through the coronavirus recession" in Equitable Growth's new book of essays, Boosting Wages for U.S. Workers in the New Economy:

  • "First, the use of proactive investigations in targeted industries means enforcement resources are more likely to identify and reach vulnerable workers who are unlikely to complain."
  • "Likewise, industry research to identify industry structure, influential employers, and widespread noncompliant industry practices helps agencies target employers that are likely to get the attention of others in the industry."
  • "Strategic enforcement includes … assessing high damages and penalties in addition to back wages owed." These measures deter future violations by changing the cost-benefit calculation some employers make when they decide that violating the law is worth the risk of being caught.

By not only increasing the budgets of enforcers, but also by using those limited resources more strategically, the U.S. Department of Labor can ensure that its investments in enforcement have maximum impact.

PURSUE CO-ENFORCEMENT WITH COMMUNITY-BASED ORGANIZATIONS

One of the central problems with complaint-based investigations is that some classes of workers are less likely to report wage theft than others. Power dynamics at workplaces and in the community mean that women, noncitizens, and people of color risk more when they report abuses. Indeed, this is the pattern that the data show. (See Figure 3.)

Figure 3

In a co-enforcement model, labor agencies enter formal partnerships with civil society organizations that have strong relationships with low-wage workers and deep knowledge of high-violation sectors to help uncover violations that would otherwise go unreported and provide support to vulnerable workers so that they face lower levels of risk when they speak up. As explained by the same labor market scholars cited above:

Problems will remain hidden unless workers speak up, yet vulnerable workers will not speak up in isolation …Without a connection to the workforce on which the agency can build an investigation, proactive investigations can be daunting and the agency may be unable to establish violations are occurring. Worker organizations have access to information on labor standards compliance that would be difficult, if not impossible, for state officials to gather on their own.

To that end, the Wage and Hour Division should engage in thoughtful outreach to worker organizations. To do so, the division should hire at least one community outreach and resource planning specialist for each of its 54 district offices. These CORPS workers are full-time Wage and Hour Division staff charged with working with worker centers, unions, and community organizations on campaigns related to the division's targeted industries before and after investigations. These officers should also, when possible, facilitate partnerships on enforcement actions, which they have not prioritized in the past.

PROTECT WORKERS FROM MISCLASSIFICATION AS INDEPENDENT CONTRACTORS

Wage theft is much easier to monitor and prosecute when employment relations are well-defined and an employer's responsibility to its workers is clear. Lax rules under the Fair Labor Standards Act about whether workers should be classified as an employee or as an independent contractor naturally advantage employers, who are more able to litigate these legal grey areas. Classifying workers as independent contractors is a common way for companies to evade their legal responsibilities and oversight by the Wage and Hour Division.

Misclassifying workers as independent contractors, rather than as employees, allows employers to disregard most safety net protections the United States has established for workers, including wage laws, but also health and safety regulations, protection from discrimination, and the right to organize in a union. The research clearly establishes that the independent contractor classification further reduces low-wage workers' total earnings. Misclassification can economically disadvantage workers by:

  • Outright lowering their pay below the minimum wage or overtime threshold (often by forcing them into complex and ever-changing pay schemes)
  • Forcing contractors to perform work tasks while not being paid
  • Forcing workers to purchase, use, and maintain personal resources or equipment (their own cars, for instance) to accomplish their job

Though wage theft from contractors usually operates through these more elaborate and ostensibly legal channels, worker misclassification also breeds outright wage theft, as a recent case by the Federal Trade Commission against Amazon.com Inc. shows.

The Wage and Hour Division should clarify who is an employee under the Fair Labor Standards Act and who is an independent contractor. To do so, it should follow the lead of states such as Massachusetts and California, and adopt a simple test called the "ABC test" to determine employment status. Typically, the ABC test has three factors, all of which the alleged employer must demonstrate in order for the worker to be an independent contractor:

  • The worker is free, under contract and in fact, from control or direction by the company.
  • The service provided is outside the alleged employer's usual course of business.
  • The worker is customarily engaged in an independently established trade, occupation, profession, or business.

A rebuttable presumption of employee status and the ABC test should replace the economic realities test under the Fair Labor Standards Act.

Late in the Trump administration, the Wage and Hour Division released an independent contractor rule that made it easier for employers to misclassify their workers as contractors, lowering their pay in direct opposition to the goals of the Fair Labor Standards Act. Thankfully, this rule has now been delayed by the new leadership of the Wage and Hour Division. The division should go further and revoke or revise the proposed rule, and establish a new independent contractor rule that protects workers along the lines of the ABC test, fulfilling the intent of the Fair Labor Standards Act to correct "labor conditions detrimental to the … general well-being of workers."

Experts to consult

  • Kate Bahn, director of labor market policy, Washington Center for Equitable Growth
  • Janice Fine, professor of labor studies and employment relations, Rutgers University, and director of research and strategy, Center for Innovation in Worker Organization
  • Alix Gould-Werth, director of family economic security policy, Washington Center for Equitable Growth
  • Corey Husak, senior manager, government and external relations, Washington Center for Equitable Growth
  • Jenn Round, senior fellow, Center for Innovation in Worker Organization, Rutgers University
  • David Weil, dean and professor, Heller School for Social Policy and Management, Brandeis University



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Economic Update - The System Implodes: Amazon, Evictions, Tax Abuses, and Minimum Wages [feedly]

Economic Update - The System Implodes: Amazon, Evictions, Tax Abuses, and Minimum Wages
https://economicupdate.podbean.com/e/economic-update-the-system-implodes-amazon-evictions-tax-abuses-and-minimum-wages/

On this week's show, Prof. Wolff discusses Amazon's profits; New York state's eviction crisis and capitalism's reproduction of poverty and inequality; New York's stock transfer tax; raising the minimum wage; and the subsidizing of billionaire's big sport businesses.

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For Black History Month: The Economics of the Great Migration [feedly]

For Black History Month: The Economics of the Great Migration
http://dollarsandsense.org/blog/2021/02/for-black-history-month-the-economics-of-the-great-migration.html

Ellora Derenencourt, assistant professor in the Department of Economics and the Goldman School of Public Policy at UC Berkeley.

At the tail end of Black History Month, we have posted to the Dollars & Sense website Rolling Up the Welcome Mat at the Door to the Promised Land: The Economic History of the Great Migration and Its Aftermath, an interview with Ellora Derenoncourt, assistant professor of economics at UC Berkeley.  (Make sure to check out the gorgeous photos accompanying the written version of the interview, also in the print edition, from the Charles "Teenie" Harris Archives at Pittsburgh's Carnegie Museum of Art. Harris was a staff photographer for the Pittsburgh Courier, an African-American weekly newspaper whose publication years, 1910 to 1966, coincided almost exactly with the years of the Great Migration.)

The interview was conducted by Zoe Sherman, associate professor of economics at Merrimack College and a member of the Dollars & Sense editorial collective.  You can listen to the interview here:


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Six ways the Protecting the Right to Organize (PRO) Act restores workers’ bargaining power [feedly]

Six ways the Protecting the Right to Organize (PRO) Act restores workers' bargaining power
https://www.epi.org/blog/six-ways-the-protecting-the-right-to-organize-pro-act-restores-workers-bargaining-power/

When it was passed in 1935, the National Labor Relations Act declared that its purpose was to promote the practice of collective bargaining, where workers and their union sit down with their employer to negotiate over wages, safety, fairness, and other important issues. But over time, this promise has become hollow because weaknesses in the law have been exploited by employers and the courts to undermine workers' bargaining power. Here are six ways the Protecting the Right to Organize (PRO) Act helps to level the playing field and restore workers' bargaining power:

  1. The PRO Act has a process for reaching a first collective bargaining agreement.
    When workers first form a union, too often employers drag out the bargaining process and avoid reaching an initial agreement, because there are no monetary penalties in the law for bad faith bargaining. A year after forming their union, more than half of all workers do not yet have an initial bargaining agreement with their employer. This leads to worker frustration which employers exploit to undermine the new union. The PRO Act addresses this problem by establishing a mediation and arbitration process for reaching an initial agreement.
  2. The PRO Act requires employers to continue bargaining instead of taking unilateral action.
    Current law gives employers too much power to force its position on workers by unilaterally declaring that the parties have reached an impasse in bargaining and then either locking out workers—preventing them from working and getting paid— or implementing the employer's proposals. This power, either alone or combined with the restrictions on workers' ability to strike or put other economic pressure on the employer, puts employers in the driver's seat in bargaining and greatly undermines workers' bargaining power. To address this problem, the PRO Act prohibits employers from declaring impasse and locking out workers—a so-called "offensive lockout." And the PRO Act requires employers to maintain the status quo on wages and benefits during bargaining—no more unilateral changes to put pressure on workers to cave into the employer's demands.
  3. The PRO Act gets the economic players to the bargaining table.
    Under current law, staffing firms, contractors, temporary agencies, and other employers try to evade their responsibility to bargain with workers and their union even when they have power over workers' health and safety, schedules, wages, and other key issues. This leaves workers without the real economic players at the bargaining table. The PRO Act fixes this problem by adopting a strong joint-employer standard that will bring employers with power over wages or working conditions to the bargaining table.
  4. The PRO Act eliminates the ban on so-called "secondary" activity.
    In order to win a wage increase, a voice on new technology, safety improvements, or other bargaining priorities, workers need leverage to put economic pressure on their employer to accept their demands. But current law robs workers of their leverage in many ways, including a prohibition on so-called "secondary" activity that was enacted by Congress in 1947. In fact, current law instructs the National Labor Relations Board (NLRB) to give top priority to shutting down so-called "secondary" activity. These cases are given even higher priority than cases alleging that employers have illegally fired union activists, and statistics show this has in fact been the case. For example, in the first 12 years after the restriction on secondary activity was first implemented, the number of injunction proceedings against unions for engaging in illegal secondary activity skyrocketed by 1,188%, while virtually no injunction proceedings were brought against employers for violating workers' rights.1 This restriction on secondary activity forbids workers from picketing or otherwise putting pressure on so-called "neutral" companies other than their employer, even if those companies could influence their employer's practices by, for example, withholding purchases until workers and their employer reach a collective bargaining agreement. The restriction has been interpreted so broadly as to prohibit janitors from picketing a building management company over sexual harassment by its janitorial subcontractor. The Trump NLRB General Counsel unsuccessfully tried to argue that floating an inflatable Scabby the Rat balloon at a labor protest was illegal secondary activity, even though courts have consistently said such protests are protected by the First Amendment. Given the prevalence of subcontracting and the interrelated nature of business relationships, the ban on secondary activity does not reflect the realities of today's business structures. It deprives workers of an important tool in the bargaining process and unfairly tips the power balance to employers. To correct this imbalance, the PRO Act repeals the ban on secondary activity.
  5. The PRO Act prohibits employers from permanently replacing strikers.
    Workers' ultimate leverage in bargaining is to withhold their labor—in other words, to strike. The law technically protects workers from being fired when they go on a lawful strike, but this right has been gutted by a 1938 decision by the U.S. Supreme Court which stated that employers can permanently replace, i.e., terminate, workers who are on strike over economic issues. Despite a slight increase in strike activity last year, the number of strikes continues to be at a historic low in part because of this weakness in the law. The PRO Act restores the right to strike by prohibiting employers from permanently replacing economic strikers.
  6. The PRO Act overrides state "right-to-work" laws that weaken unions.
    So-called "right-to-work" laws have nothing to do with getting or keeping a job—they are about weakening workers' collective voice on the job. Under the law, unions are required to represent all workers protected by the collective bargaining agreement, but so-called "right to work" laws prohibit unions and employers from voluntarily agreeing that all workers covered and protected by the agreement should share in the costs of union representation through union dues or fees. This creates a "free rider" problem, where workers get the benefits of unionization but do not contribute toward the costs, creating a financial drain on unions. The PRO Act overrides state "right-to-work" laws and allows unions and employers to negotiate fair share agreements whereby all workers covered by the collective bargaining agreement share in the cost of representation.

Read EPI'S fact sheet on why workers need the PRO Act.


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