Weekend reading: “Global inequality” edition

This is a post we publish each Friday with links to articles that touch on economic inequality and growth. The first section is a round-up of what Equitable Growth published this week and the second is relevant and interesting articles we’re highlighting from elsewhere. We won’t be the first to share these articles, but we hope by taking a look back at the whole week, we can put them in context.

Equitable Growth round-up

In the most recent of our series of conversations with leading academic and policy thinkers, Equitable Growth President and CEO Heather Boushey sat down with University of California, Berkeley economist and Equitable Growth grantee Gabriel Zucman. His research focuses on global wealth, inequality, and tax havens. He is co-director of the World Inequality Database, which provides access to extensive data series on the world distribution of income and wealth. Zucman and Boushey discussed rising inequality in the United States and how it compares to that in other countries, the importance of measuring economic inequality, and the creation and usefulness of distributional national accounts.

The U.S. Bureau of Labor Statistics on August 6 released the June data from the Job Openings and Labor Turnover Survey, or JOLTS. Kate Bahn and Will McGrew produced four graphs using the data, which show that the job market remains tight, with the potential for restoring some lost bargaining power for U.S. workers.

Brad DeLong has provided us with his latest worthy reads with his takes on content from Equitable Growth and around the web.

Links from around the web

“Yes, America Is Rigged Against Workers,” writes Steven Greenhouse in The New York Times. He says the United States suffers from “anti-worker exceptionalism” because it treats its workers worse than most advanced economies. The United States is the only advanced industrial nation that does not guarantee paid maternity leave. And it has the lowest minimum wage as a percentage of the median wage of any member nation of Organisation for Economic Co-operation and Development. While economists debate why this is the case, there is one reason they all agree on, he writes: Labor unions are weaker here than in other industrialized nations. [nyt]

The four most recent former chairs of the Federal Reserve Board of Governors, including Equitable Growth Steering Committee member Janet Yellen, wrote an op-ed in The Wall Street Journal reminding the country—and policymakers, in particular—of the importance of maintaining the independence of the Fed. They argued that the institution must be able to act “free of short-term political pressures and, in particular, without the threat of removal or demotion of Fed leaders for political reasons.” The former chairs, who collectively served in the position for nearly 40 years and were appointed and reappointed by six presidents of both parties, did not cite a reason for the timing of their column. [wsj]

A program in Seattle seeks to prove a critical finding of former Equitable Growth Steering Committee member Raj Chetty that growing up in the right neighborhood can make all the difference in life outcomes, writes Nicholas Kristof in The New York Times. The Seattle program, Creating Moves to Opportunity, provides vouchers for low-income families to move to better neighborhoods, plus a “housing navigator” and additional assistance in finding homes and getting settled. Kristof points to new research by Chetty showing that families are taking advantage of this opportunity, and the evidence from previous research by Chetty and others suggests that we will likely see significant benefits for their children in the years to come. [nyt]

In the wake of a court decision blocking the Obama administration’s proposed rule to substantially increase the number of workers eligible for overtime pay, several states are moving forward with proposals of their own to accomplish the same goal within their boundaries, reports Rachel Feintzeig in The Wall Street Journal. The U.S. Labor Department is developing a new national proposal that is substantially more modest than the Obama plan, she writes. [wsj]

Friday Figure

Figure is from Equitable Growth’s “JOLTS Day Graphs: June 2019 Report Edition,” by Kate Bahn and Will McGrew.

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Brad DeLong: Worthy reads on equitable growth, August 2-8, 2019

Worthy reads from Equitable Growth:
 

  1. At each stage of the process by which the innovation workforce is built, being black and being female is a powerful disadvantage at making it through the filter and proceeding to the next stage. Read Lisa Cook and Jan Gerso, “The implications of U.S. gender and racial disparities in income and wealth inequality at each stage of the innovation process,” in which they write: “Gender and racial disparities exist at each stage of the innovation process, from education to training, and from the practice of invention to the commercialization of invention, and can be costly to the U.S. economy. These disparities can also lead to increased income and wealth inequalities at each stage for those who would otherwise participate in the innovation economy. Let’s look at each stage to assess this problem in further detail.”
  2. A better-run IRS would devote much more in the way of resources to investigating “independent contractor” fraud and abuse. Read Corey Husak, “How U.S. companies harm workers by making them independent contractors,” in which he writes: “Being classified as either an employee or an independent contractor can determine whether workers in the United States have access to reliable pay, benefits, and protection from discrimination. Intense fights are cropping up across the country as companies try to argue that their workers are just ‘independent contractors’ and do not qualify for many protections under U.S. labor law, while workers and some courts say the opposite, that some workers are actually employees. Many ‘gig economy’ companies, such as Uber Technologies Inc., base their business models around misclassifying their workers as self-employed. Billions of dollars in worker pay is at stake.”
  3. Heather Boushey interviews the great Gabriel Zucman. The most important point is that the increase in inequality in the United States has been largely a choice—a choice of those elected, even if the one elected was done so by a margin of 5-4 Supreme Court justices or collected 3 million fewer popular votes. Read “In Conversation with Gabriel Zucman,” which he explains: “There is this widespread view that rising inequality is a mechanical consequence of globalization and technical change, spurred in large part by competition with China and the substitutions between workers and machines. But, you know, France has computers too, and also trades with China—and generally trades more than the United States. So, it does not seem possible to explain the stagnation of U.S. working-class income by globalization and technical change. It’s more likely that this stagnation of income for the bottom half of the U.S. income distribution comes from policy changes. Things such as the collapse of the federal minimum wage, the declining power of unions, changes to taxation, to access to higher education.”

 

Worthy reads not from Equitable Growth:

  1. Martin Wolf has an aggressive thumbs-down on Facebook Inc.’s Libra payments system. Basically, it is “fool me once, shame on you; fool me twice, shame on me.” Facebook’s claim that it is built on “blockchain technology” seems simply wrong, and a grift—a second-order grift, given that “blockchain technology” is already a grift. Plus, he writes that “Facebook has been grossly irresponsible over its impact on our democracies. It cannot obviously be trusted with our payments systems. … Beware.” The fact that Facebook’s past behavior has created such a strong anti-Facebook presumption in somebody as reasonable and fair as Martin is, I think, a powerful thing to note. Read Martin Wolf, “Facebook Enters Dangerous Waters With Libra Cryptocurrency,” in which he writes: “Facebook seems likely to dominate Libra’s technical development. That will surely give it predominant influence … The claim that it is based on ‘blockchain’ technology seems rather questionable … There is indeed potential for greatly improved payment systems. But the emergence of a payment system on a network of Facebook’s scale would raise some huge questions … This would be true even if the lead sponsor were not Facebook. But it is. So beware.”
  2. This baseline assumption seems, to me, to be a very useful position to start from—that groups of people who behave differently have different powers and face different constraints, not that they want different things. Read George J. Stigler and Gary S. Becker, “De Gustibus Non Est Disputandum,” in which they write: “The establishment of the proposition that one may usefully treat tastes as stable over time and similar among people is the central task of this essay. The ambitiousness of our agenda deserves emphasis: We are proposing the hypothesis that widespread and/or persistent human behavior can be explained by a generalized calculus of utility-maximizing behavior, without introducing the qualification ‘tastes remaining the same.’”
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JOLTS Day Graphs: June 2019 Report Edition

Every month the U.S. Bureau of Labor Statistics releases data on hiring, firing, and other labor market flows from the Job Openings and Labor Turnover Survey, better known as JOLTS. Today, the BLS released the latest data for June 2019. This report doesn’t get as much attention as the monthly Employment Situation Report, but it contains useful information about the state of the U.S. labor market. Below are a few key graphs using data from the report.

1.

The quit rate has held steady at 2.3% for over a year, reflecting workers’ confidence in finding other opportunities and voluntarily leaving their jobs.

2.

The jobs openings rate declined slightly to 4.6% while the hire rate was unchanged at 3.8%, so the labor market still appears tight with more openings than hires.

3.

There continues to be fewer than one unemployed worker per job opening, which has the potential to increase the bargaining power of job seekers.

4.

Despite a slight increase in unemployment and a slight decrease in the job openings rate, the Beveridge Curve reflects an expansionary labor market.

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Weekend reading: “Five hours, twenty candidates, lots of plans” edition

This is a post we publish each Friday with links to articles that touch on economic inequality and growth. The first section is a round-up of what Equitable Growth published this week and the second is relevant and interesting articles we’re highlighting from elsewhere. We won’t be the first to share these articles, but we hope by taking a look back at the whole week, we can put them in context.

Equitable Growth round-up

Being classified as either an employee or an independent contractor can determine whether workers in the United States have access to reliable pay, benefits, and protection from discrimination. Many “gig economy” companies, writes Corey Husak, base their business models on misclassifying their workers as self-employed. Billions of dollars in worker pay and benefits is at stake for these workers, who generally lack the meaningful work independence one associates with true independent contractors.

Michael Kades continues to track the progress in the U.S. Congress of bipartisan legislation to contain prescription drug prices by injecting greater competition into the marketplace. Last month, two Senate committees passed legislation that the Washington Center for Equitable Growth advised Congress would help achieve this goal. This follows action by the full House on related or identical bills. The legislation has had strong bipartisan support throughout the process, and the White House is supportive, but Kades points out that barriers remain.

The U.S. Bureau of Labor Statistics issued its monthly report on the U.S. labor market. Kate Bahn and Will McGrew perused the report, which covers July, and compiled five graphs highlighting important trends.

Catch up on Brad DeLong’s latest worthy reads from Equitable Growth and around the web.

Links from around the web

What’s the best way to gauge the health of the U.S. economy? Not necessarily by measuring Gross Domestic Product, writes Gretchen Frazee at PBS. She notes that it disregards key factors that affect people’s well-being, such as health and the environment, and cites Equitable Growth grantee Nancy Folbre, who notes that it ignores unpaid work, including taking care of one’s children. [pbs]

Chicago’s city council has approved a “fair workweek” ordinance that requires large employers to give workers at least two weeks’ notice of their schedules and compensate them for last-minute changes, writes Alexia Elejalde-Ruiz at the Chicago Tribune. A lack of schedule stability is gaining increasing attention as both a source and product of income inequality. [Chicago Tribune]

There are a number of ways to see that an economic expansion is near or at an end and a recession is on the horizon or actually underway, writes Ben Casselman at The New York Times. Recessions are inevitable, and recognizing them before the economy has already begun contracting has been more art than science. But that may no longer be true. Casselman cites Equitable Growth Research Advisory Board member Claudia Sahm‘s rule of thumb, which focuses on changes in the unemployment rate. [nyt]

The DoorDash tipping controversy continues to make for interesting reading. Columnist Farhad Manjoo writes that the issue “lays bare how shaky and capricious the entire digital economy is for workers.” “What worries me,” he adds, “is that these laborers are invisible ‘ghost workers’ hidden behind screens and apps and algorithms and digital tip jars, working for unpredictable, A.I.-dictated, sub-minimum wage…” [nyt]

Friday figure

Figure is from Equitable Growth’s “How U.S. companies harm workers by making them independent contractors,” by Corey Husak.

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Equitable Growth’s Jobs Day Graphs: July 2019 Report Edition

On August 2nd, the U.S. Bureau of Labor Statistics released new data on the U.S. labor market during the month of July. Below are five graphs compiled by Equitable Growth staff highlighting important trends in the data.

1.

The employment-to-population ratio for prime-age workers is showing signs of plateauing in this phase of the labor market expansion.

2.

With a low unemployment rate of 3.7% for the entire labor force, the rate for African American workers at 6.0% and Hispanic workers at 4.5% remains significantly higher than that of White workers at 3.3%.

3.

Wage growth was a tepid 3.2% year-over-year in July, with no sign that the labor market is overheating despite low unemployment.

4.

While better-educated workers continue to have lower unemployment rates overall, the rates for less-educated workers decreased in July while increasing slightly for those with a Bachelor’s degree or higher.

5.

Recent employment gains in manufacturing have plateaued and remain at much lower levels than in service industries like health and education.

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Brad DeLong: Worthy reads on equitable growth, July 26–August 1, 2019

Worthy reads from Equitable Growth:
 
Here are links to four important pieces at the Washington Center for Equitable Growth providing context to the recent presidential primary debates:

  1. Carmen Ye, “Why we need better re-employment policies for formerly incarcerated African American men,” in which she writes: “African American men … 33 percent of the 1.56 million Americans held in state or federal prisons … When these men are released from prison, what will their employment prospects look like? … Black applicants with no criminal record receive a callback or job offer at the same rate as white applicants with a felony conviction. Yet black applicants without a criminal record were three times as likely to get a callback as those with a record.”
  2. Will McGrew, “Investments in early childhood education improve outcomes for program participants—and perhaps other children too,” in which he writes: “Governments that spend money on early childhood education get a lot of bang for their buck—an estimated 7 percent to 10 percent annual return for programs targeted at disadvantaged children … [plus] also long-term improvements in human capital and earnings. But do those test-score gains last? … Mariana Zerpa … finds that children in states with early childhood education programs are 30 percent less likely to repeat a grade between ages 6 and 8—and that this effect lasts at least until age 12.”
  3. Equitable Growth, “Gender wage inequality in the United States: Causes and solutions to improve family well-being and economic growth”: “Disparities between men’s and women’s wages in the United States hinders economic growth by constraining family incomes and spending power. When comparing average full-time year-round incomes of men to those of women, research indicates that women make only 80.5 percent of men’s wages, a gap that is even larger when accounting for race. In the long run, these disparities heighten the risks of financial stress and inadequate retirement savings at times of economic shocks.”
  4. Greg Leiserson, “Wealth taxation: An introduction to net worth taxes and how one might work in the United States,” in which he writes: “Probably the most significant challenge in implementing a net worth tax is that determining tax liabilities requires a valuation for all of the assets subject to the tax … Such a tax would impose burden primarily on the wealthiest families—reducing wealth inequality—and could raise substantial revenues. As noted above, the United States taxes wealth in several forms already. Thus, the policy debate is less about whether to tax wealth and more about the best ways to tax wealth and how much it should be taxed. A net worth tax could be a useful complement to—or substitute for—other means of taxing wealth, as well as a tool for increasing overall taxation of wealth.”

 

Worthy reads not from Equitable Growth:

  1. The Tax Cuts and Jobs Act of 2017 was supposed to produce faster growth even though it was inequitable. But that hope appears to have been vain. Read Dan Drezner, “How Donald Trump is sanctioning the U.S. economy,” in which he writes: “Second-quarter GDP growth was only 2.1 percent … far short of the 3 percent target that President Trump has repeatedly promised. Data revisions released Friday wiped away what had been a prized talking point for the White House: GDP grew 2.5 percent for all of 2018, down from the 3 percent previously reported … [and] a far cry from Larry Kudlow’s 2018 claim that GDP growth would top 4 percent for a few quarters … Trump has unwittingly sanctioned the U.S. economy … has made himself the uncertainty engine for those interested in investing in the United States. And the effects are starting to be felt. In the second quarter, business investment was -0.6 percent. As in, negative … Part of the problem is the drying up of foreign direct investment … How will Trump react to the growth news? It is possible that he will respond in a mature fashion.”
  2. These numbers on the human costs of the Supreme Court’s decision in National Federation of Independent Business v. Sibelius are only about one-quarter of what I had feared. Read Scott Lemieux, “Matters of Life and Death,” in which he writes: “15,000 people died in three years because Republican states refused to accept the Medicaid expansion … And let us not forget that this was all made possible by the intervention of the Supreme Court, based on arguments so weak that, as Joan Biskupic’s new bio finds, [Supreme Court Chief Justice] John Roberts himself initially rejected them … Regarding the expansion of Medicaid for poor people, all four liberal justices … voted to uphold the program … [and] punctured … arguments that Congress had exceeded its spending power and its ability to attach conditions … In the private March 30 conference, Roberts also voted to uphold the Medicaid expansion.”
  3. At a recent conference, my fellow University of California, Berkeley professor and former President’s Council of Economic Adviser’s Chair Laura D. Tyson gave a powerful endorsement and shout-out to this book by my fellow UC-Berkeley professor Barry Eichengreen as the best survey of the history and prospect of what he calls “populism” and I would call “neo-fascism.” Read Barry Eichengreen’s new book, The Populist Temptation: Economic Grievance and Political Reaction in the Modern Era. Here are excerpts from a summary of the book: “Populists tend to thrive most in the wake of economic downturns, when it is easy to convince the masses of elite malfeasance. Yet while there is more than a grain of truth that bankers, financiers, and ‘bought’ politicians are responsible for the mess, populists’ own solutions tend to be simplistic and economically counterproductive. Moreover, by arguing that the ordinary people are at the mercy of extra-national forces beyond their control—international capital, immigrants, cosmopolitan globalists—populists often degenerate into demagoguery and xenophobia. There is no one solution … [but] there is an obvious place to start: shoring up and improving the welfare state … America’s patchwork welfare state was not well equipped to deal with the economic fallout that attended globalization and the decline of manufacturing in America … Lucidly explaining both the appeals and dangers of populism across history, this book is essential reading for anyone seeking to understand not just the populist phenomenon, but more generally the lasting political fallout that follows in the wake of major economic crises.”
  4. Adopting robots may cost jobs, but not adopting robots appears to cost many more jobs. Read Wolfgang Dauth, Sebastian Findeisen, Jens Südekum, and Nicole Woessner, “Robots and firms,” in which they write: “Our study is based on firm-level data from Spain, a country with one of the highest robot density levels per worker in Europe. The data come from the Encuesta Sobre Estrategias Empresariales, an annual survey of around 1,900 Spanish manufacturing firms … We reveal significant job losses in non-adopting firms. Our estimates imply that 10 percent of jobs in non-adopting firms are destroyed when the share of sales attributable to robot-using firms in their industries increases from zero to one half. The same logic applies to changes in output and survival probabilities … Aggregate productivity gains are partly driven by substantial intra-industry reallocation of market shares and resources following a more widespread diffusion of robot technology, and a polarization between high-productivity robot adopters and low-productivity non-adopters.”
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How U.S. companies harm workers by making them independent contractors

Lyft’s and Uber’s pickup spot at the Indianapolis International Airport as seen circa July 2017. Lyft and Uber have replaced many taxi cabs for transportation.

Being classified as either an employee or an independent contractor can determine whether workers in the United States have access to reliable pay, benefits, and protection from discrimination. Intense fights are cropping up across the country as companies try to argue that their workers are just “independent contractors” and do not qualify for many protections under U.S. labor law, while workers and some courts say the opposite, that some workers are actually employees. Many “gig economy” companies, such as Uber Technologies Inc., base their business models around misclassifying their workers as self-employed. Billions of dollars in worker pay is at stake.

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How U.S. companies harm workers by making them independent contractors

Economists and policymakers alike rightfully praise individual entrepreneurs who strike out on their own, and they encourage companies to embrace innovation. However, the vast majority of self-employed independent contractors are nothing like the legendary small businessperson engaged in launching a newfangled product or service. Instead, large companies have found that they can use independent contracting or self-employment status in U.S. labor law to lower workers’ pay and benefits, while maintaining significant control over how those workers perform their jobs.

This issue brief delves into how independent contractors are defined by law and understood by economists, while demonstrating why it’s rarely a good thing for most workers to be forced to work as independent contractors due to lack of good pay, lack of basic benefits, and lack of work-time independence.

Who is an independent contractor?

Traditionally, independent contractors are paid a commission per task they complete for clients, maintain significant control over how and when they perform their tasks, and are not integral to the business of the companies or people for whom they work. They can also be referred to as freelance workers. Traditional examples of independent contractors include plumbers, wedding photographers, and some lawyers and consultants. They run their own professional operations, contract with many different families or businesses, negotiate mutually agreeable contract terms, are free to complete their work without control by their customers outside of those contracts, and are not integral to their customers’ business models.

Independent contractors are a subset of people who are “self-employed,” which includes independent contractors, small business owners, and part-time hobby or craft merchants. The terms have slightly different meanings for economists, tax professionals, and lawyers, which are not relevant here.

A recent study by the U.S. Bureau of Labor Statistics and academic research by Lawrence Katz of Harvard University and the late Alan Krueger of Princeton University, show that between 6.9 percent and 9.6 percent of all workers are independent contractors, or 10.5 million to 15 million workers.

It is largely impossible to tell how many of these workers are traditional independent contractors and how many are misclassified low-wage workers, though Katz and Kruger do find that from 2005 to 2015, low-wage workers experienced a larger rise in independent contracting than high-wage workers. Katz and Kruger believe that employment in independent contracting rose by about 30 percent from 2005 to 2015 and this increase occurred while the rate of true entrepreneurial activity remained mostly stagnant. U.S. Department of the Treasury economists Emilie Jackson, Adam Looney, and Shanthi Ramnath corroborate this finding using tax data. They find that self-employment has risen by about 30 percent since 2001 and nearly all of that increase is due to a growing number of independent contractors and misclassified workers. The Bureau of Labor Statistics believes the increase has been smaller.

Why is it bad to be an independent contractor?

First, sometimes it isn’t bad. Plumbers, independent lawyers and consultants, and even wedding photographers can earn a good living as independent contractors while retaining freedom over how they operate their business. But there are many reasons why being an independent contractor might not be advantageous for most workers, specifically when:

  • They are not earning as much money as traditional employees would
  • They are denied crucial workplace rights such as 40-hour work weeks, the right to organize, protection from discrimination, and employer-provided health benefits
  • They are not actually independent and are not really able to determine where, how, and for whom they work

Overall, too many workers fit that description. These kinds of workers suffer from lack of good pay, lack of decent benefits, and lack of meaningful work-time independence, compared to plumbers, real estate agents, and other professional independent contractors.

Lack of good pay

Recent data-driven research shows that low pay is a serious issue for most independent contractors. Treasury economists Jackson, Looney, and Ramnath found that the universe of self-employed people and independent contractors is divided between a very prosperous upper crust and a large body of workers who are not very well-off. At one extreme, the average person who is a partner at a firm earned $243,000, while a gig economy worker made only $37,000 at the other. (Tax data is generally the best source for research on income. But there are still issues with under-reporting of income, especially among the self-employed, which can affect results.)

And it is not just that low-skill workers select into low-paying jobs. My research on the tax returns of Washington, D.C. residents shows that self-employment exacerbates existing income inequality in the local labor market. Low- and middle-wage workers who become self-employed see lower take-home pay than they could have expected if they remained just as wage earners. People in the bottom 75 percent of income-earning Washington residents (making less than about $83,000 annually), earned $3,450 less in 2014 than their counterparts who remained just wage-earners. (See Figure 1.)

Figure 1

In contrast, the city’s high earners see a wide range of earnings outcomes when they become self-employed relative to what they could have otherwise expected. They generally see a large increase in income, but a small minority see very large initial declines as their businesses get off the ground. On average in 2014, those who were already high earners and became self-employed increased their incomes by $25,000 above what they would otherwise have expected after 2 years.

This divide occurs because high-income self-employed workers are much more likely to be consultants, professionals, or traditional entrepreneurs, and thus have the corresponding human capital, social networks, and existing wealth to successfully strike out on their own. Being already wealthy predisposes them to reap great benefits on average from going into business for themselves. Further illustrating this divergence, the overall average income of self-employed people in Washington, D.C. in 2014 was $109,000, versus a median income of just $49,000. These very successful people should not be thought of as representative of the entire population of independent contractors.

Uber drivers are a good example of this phenomena. Uber’s business model is built on using independent-contractor status to lower workers’ pay and shift the costs and risks of doing business onto drivers. While big-city taxi drivers earn between $12 and $17 per hour and taxi drivers industrywide earn $12.49 per hour, a recent study by Larry Mishel of the Economic Policy Institute finds that Uber driver take-home pay averages $10.87 an hour. But after factoring in that Uber drivers must provide for their own benefits, Mishel finds that their hourly wage equivalent is only $9.21 on average.

Mishel points out that those average wages are “below the mandated minimum wage in nine of 20 major markets, including the three largest (Chicago, Los Angeles, and New York),” all of which have minimum wages above $10 per hour. This means Uber would have to immediately raise driver pay if drivers were considered employees. And because these are averages, many drivers make even less.

As Uber and many of its defenders will respond, Uber drivers are usually employed outside of the company and only rely on driving for part of their income. But in no case does U.S. labor law allow part-time workers to be paid less than the minimum wage simply because they are part-time. No matter how many hours someone works, all workers are entitled to a baseline minimum wage per hour of work. That is, unless they are mischaracterized as independent contractors.

In short: like many companies who rely on low-wage independent contractors, Uber uses the independent contracting status to rob drivers of the pay they would be entitled to as employees, or indeed as traditional taxi drivers.

Lack of benefits

Independent contractors are treated under U.S. labor law as self-employed. This means they:

Workers are forced to give up nearly all the rights that U.S. law entitles them to when they work as independent contractors. Uber and the other prominent “ride-services” company, Lyft Inc., claim that restoring those rights by converting their independent contractors into employees would pose a serious risk to their operations. In trying to fend off a new proposed California state law that would require companies to hire independent contractors as full-time employees, the two firms argue instead for vague rules and regulations that would enable their drivers to somehow provide these employee-benefits to themselves. They tout the importance of their drivers’ flexible schedules, but there is no legal reason drivers can’t have both flexible schedules and the benefits of being an employee.

Lack of meaningful work independence

In return for giving up the entire suite of employee protections and benefits in U.S. labor law, all that most independent contractors receive from a company such as Uber and Lyft is mostly imaginary work independence. Companies must give workers some amount of freedom for them to qualify as independent contractors, but it is in companies’ interest to keep as much control as possible. For instance, companies routinely discipline their contractors, control how they perform their job, unilaterally change pay structures, and forbid negotiation over pay. It is hard to imagine plumbers or lawyers operating under similar restrictions.

While “worker freedom” remains the primary justification given by companies and their allies for the independent contractor classification, the actual amount of freedom workers have is a subject of ongoing legal disputes.

In a blow to employers that rely on classifying their workers as independent contractors to avoid labor costs and juice profits, California’s Supreme Court ruled in 2018 that workers must be truly independent in order to qualify as self-employed. The court said that “businesses must show that the worker is free from the control and direction of the employer; performs work that is outside the hirer’s core business; and customarily engages in an independently established trade, occupation or business.” This so-called ABC test would describe most traditionally self-employed people, but clearly not contractors for companies such as Uber. This ruling applies in California only, and so far Uber and similar companies are not complying with the ruling. California’s legislature is currently debating a bill that will codify all or parts of the ABC test into law, which will force the companies to comply without further lengthy litigation.

In contrast, the National Labor Relations Board recently ruled in a case similar to the California Supreme Court case and reversed the Board’s prior position on independent contractors. The NLRB held that drivers for SuperShuttle DFW Inc. are contractors despite being considered employees until 2005. Additionally, those drivers are “completely integrated into SuperShuttle’s transportation system and its infrastructure,” they can not negotiate the terms of their work, and “are prohibited from working for any SuperShuttle competitor.” In her dissent, member Lauren McFerran sums up how misguided the decision was by saying “SuperShuttle’s drivers are not independent in any meaningful way, and they have little meaningful ‘entrepreneurial opportunity.’”

Crucially, worker freedom is not something that companies can only give to independent contractors. Nothing stops SuperShuttle, Uber, or any other business from giving workers both the status and protections of being an employee and a flexible schedule.

Conclusion

High-income professionals enter self-employment under vastly different circumstances than low-wage workers, and this drives different outcomes in terms of earnings, benefits, and work-time flexibility. Professionals really can act as entrepreneurs and greatly improve their incomes while gaining greater work freedom. U.S. labor laws were designed to enable these types of professional workers to declare themselves self-employed. In contrast, low-wage workers are more likely to see wages and benefits stripped away when they become independent contractors, with little or no corresponding increase in autonomy.

U.S. labor history has been defined by conflicts among workers, employers, and the government over workers’ rights to pay and benefits for over a century. As new technologies and business models are developed in the future of work, these fights will shift and policy needs to keep up. The federal government and other states should follow the lead of California’s Supreme Court and recognize the fundamental power imbalance between contractors and firms. Strict rules on who can qualify as an independent contractor would restore pay and benefits to misclassified workers or else give them true freedom to pursue entrepreneurial activity.

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Prescription drug pricing reforms in Congress are one step closer

The U.S. Senate is moving the country one step closer to helping rein in rising prescription drug prices by restoring market competition—in a rare example of bipartisanship on Capitol Hill. Building on progress in the House of Representatives, two Senate committees late last month passed legislation that the Washington Center for Equitable Growth advised the U.S. Congress would help achieve this goal.

On June 26, the Senate Committee on Health, Education, Labor, and Pensions passed S. 1826, a package of measures focused largely on healthcare costs. Included in the bill is the Creating and Restoring Equal Access to Equivalent Samples, or CREATES, Act of 2019, which would deter pharmaceutical companies from employing certain tactics to prevent manufacturers of generic versions of their drugs from bringing their products to market. The measure was introduced originally by Sens. Patrick Leahy (D-VT), Chuck Grassley (R-IA), Amy Klobuchar (D-MN), and Mike Lee (R-UT). The House of Representatives has already approved the CREATES Act.

Separately, the Senate Judiciary Committee, on June 27, approved S. 1224, a bill introduced by Sens. Klobuchar and Grassley aimed at preventing abuses of the Food and Drug Administration’s petition process that slow down regulatory approval of generics and biosimilars. The Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics, or Stop STALLING, Act would make it easier for the Federal Trade Commission to sanction pharmaceutical companies that file citizen petitions with the Food and Drug Administration without real cause other than a desire to slow the approval process.

Soaring U.S. pharmaceutical drug prices infuriate consumers, distort the healthcare system, provide sometimes unconscionable profits to drug companies, and, in too many cases, endanger lives. While the problem is complex, there is no doubt that efforts to stifle competition are an important factor. Low-cost alternatives such as generic drugs have had a significant impact on drug prices generally, and hopefully biosimilars will have a similar effect. But many companies, especially those that manufacture name-brand pharmaceuticals, have developed tricks to thwart the legal and regulatory framework that policymakers have built to make it possible for these drugs to enter the marketplace.

The CREATES Act addresses two specific drug company tactics. The first is what’s known in the industry as a sample blockade. Before the FDA okays the sale of a generic drug, its manufacturer must prove that it is the same as the branded medication. To gain this certification, the generic drugmaker needs samples of the branded version. Sometimes branded companies will make it difficult or impossible to obtain those samples, thus delaying or even preventing FDA approval of the generic. The CREATES Act establishes a process for ensuring that those samples are available to generic manufacturers.

The second tactic addressed by the CREATES Act that is used by drug companies to block generic competition is a so-called safety protocol filibuster. The law currently requires that generic manufacturers negotiate with the branded drugmaker to develop a single safety protocol. Branded manufacturers sometimes filibuster these negotiations. Without an agreement on protocols, the generic company cannot receive approval, unless it obtains an exception from the FDA to develop a different but equally safe system. Because the manufacturer already has approved protocols for its drug (known as Risk Evaluation and Mitigation Strategies, or REMS), the branded company can continue to sell its product while filibustering negotiations over a shared system with the generic. The CREATES Act responds to the exploitation by branded drug companies of current law by ending the assumption that a generic company and a branded company must agree to use the same safety protocols, thus eliminating the branded company’s ability to delay FDA approval by stalling over such negotiations.

Part of the approval process for new drugs, including generics, is the citizen petition, which individuals or organizations may file to express their concerns about a drug going through the approval process. Current law does not allow the Federal Trade Commission to impose sufficient sanctions to deter drug companies from filing endless petitions against generic manufacturers to slow down or block the approval of competing generics. And there are plenty of cases in which drug companies have done just that. The Stop STALLING Act would allow the FTC to toughen enforcement against drug companies abusing the process in this manner.

It would be premature to assume that these reforms and others are a foregone conclusion, as obstacles still exist, including lobbying by the pharmaceutical industry. Neither Senate committee, for example, included legislation that would prevent anticompetitive patent settlements in which the branded firm pays its generic competitor not to sell its product. This is an important element of the legislation already approved by the House. Yet the trajectory of the legislation is very promising, and the White House has expressed general support for elements of the House-passed legislation.

As I have written before, legislation to curb rising drug prices by allowing greater competition in the marketplace continues to defy the partisanship and legislative inertia that characterize the U.S. Capitol right now. Bipartisan House passage of the CREATES Act and other related bills, and now these bipartisan actions in the Senate, have given this issue considerable momentum. But industry efforts will continue to pose challenges to these needed reforms.

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Weekend reading: “Diversity and innovation” edition

This is a weekly post we publish on Fridays with links to articles that touch on economic inequality and growth. The first section is a round-up of what Equitable Growth published this week and the second is the work we’re highlighting from elsewhere. We won’t be the first to share these articles, but we hope by taking a look back at the whole week, we can put them in context.

Equitable Growth round-up

David Mitchell explains the findings in a new working paper by economists Christina Romer and David Romer of the University of California, Berkeley that looks at how policymakers’ perceptions of debt and budgetary constraints limit their stimulus spending in economic downturns.

In a new issue brief for Equitable Growth, University of Michigan economists Lisa Cook and Janet Gerson explore why—despite earning an increasing share of postsecondary degrees in STEM fields—there is not a corresponding increase in patenting activity among women and people of color. Discrimination remains at the heart of the problem, and the authors estimate that closing the gender and racial gap in the U.S. innovation process could increase U.S. Gross Domestic Product per capita by 2.7 percent. In an accompanying Value Added blog post, Will McGrew summarizes the authors’ findings about the causes of the problem and their recommended policy solutions, including better mentorship, as well as actions to prevent the role of discrimination in patent review.

Catch up on Brad DeLong’s latest worthy reads from Equitable Growth and around the web.

Links from around the web

Four years ago, Seattle adopted a $15 minimum wage, the highest in the nation. New research from Jennifer Romich of the University of Washington into the effects of the changes found that jobs in restaurants and bars were not lost as a result of the change, and that low-wage workers experienced more rapid hourly wage growth, among other findings. [vox]

This week, the Department of Justice announced it was opening an antitrust review of whether online platforms such as Facebook, Inc., Google, Amazon.com Inc., and Apple Inc. are stifling competition. This is in addition to the taskforce created earlier this year by the Federal Trade Commission, which also has jurisdiction over antitrust, to look into the tech giants. [wsj]

While DoorDash announced a change in its policy for the allocation of tips in response to public outcry that they were not passing them directly along to workers, the issue illustrates the problems caused for delivery workers by their characterization as “independent contractors” rather than employees, allowing employers to avoid labor laws such as a minimum wage. [nyt]

A new working paper by Harvard economists Nathaniel Hendren and Benjamin Sprung-Keyser analyzed U.S. social safety net programs and found that programs that invested in children’s health and education had a net return on taxpayer dollars because they increased their future earnings and therefore how much they paid in taxes. [wsj]

Friday figure

Figure is from Equitable Growth’s “The intersectional wage gaps faced by Latina women in the United States” by Kate Bahn and Will McGrew.

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