What Is Wage Theft?

I will admit that until very recently, I’d never heard the term “wage theft,” but it’s a term that I’ve come across fairly frequently in the context of the current debate over raising the minimum wage, so I consulted Dr. Google.

Basically, “wage theft” applies to situations where an employer doesn’t follow applicable wage and/or hour laws–either paying an employee for less time than s/he worked, or at a rate below the legal minimum.

A landmark survey survey of thousands of low-wage workers in New York City, Los Angeles and Chicago found that 26 percent had been paid less than the minimum wage the week before they were interviewed. According to the 2009 report by the National Employment Law Project and two other groups, 76 percent of the workers who put in more than 40 hours did not get paid or were underpaid the required time-and-a-half overtime rate. About 17 percent of the workers put in unpaid time “off the clock” before or after their shifts, another violation. In the three cities alone, the study estimated, low-paid workers were losing more than $56.4 million per week to wage theft.

As one reporter noted, the central problem in enforcing wage and hour laws is that they are basically driven by the filing of a complaint, and most people earning less than minimum wage are understandably unwilling to risk their jobs by complaining, even assuming they know they have that right.

The impact of even a little “skimming” by employers can be significant.

The Economic Policy Institute calculates: “When a worker earns only a minimum wage ($290 for a 40-hour week), shaving a mere half hour a day from the paycheck means a loss of more than $1,400 a year, including overtime premiums. That could be nearly 10 percent of a minimum-wage employee’s annual earnings—the difference between paying the rent and utilities or risking eviction and the loss of gas, water, or electric service.” Overall, according to projections based on surveys of low-wage workers, “wage theft is costing workers more than $50 billion a year.”

In our downsized, privatized, anti-government environment, I guess having adequate personnel to enforce wage laws is just too much to expect.

Why is it I think that if pervasive theft was hurting employers rather than workers, the response would be different?
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Worse Than I’ve Been Telling You

There’s a jaw-dropping video making the rounds of Facebook, Twitter, et al. It shows several Texas Tech students being stopped on campus and asked questions that any American should be able to answer. In our sleep.

Who won the civil war? Who is the Vice-President of the United States? From whom did the U.S. win independence?

I know I get tiresome on the subject of civic ignorance, but these students–college students at a reputable university–are so embarrassing it is hard to believe this wasn’t staged (and even harder to understand how they gained admittance. Evidently, Texas Tech is not what you’d call selective.)

Not only were the students unable to answer the simplest questions about American history (one of them, upon being asked who’d won the civil war asked “who fought in that war?” Another asked “was that in the 1960s?”), but–to add insult to injury–they could all give the names of both actresses Brad Pitt had married, and the name of the television program on which someone named “Snookie” had appeared.

This does answer a persistent question of mine: namely, what kind of people elect buffoons like Louis Gohmert?

And it certainly explains why Texas is my go-to source when I need examples of stupid public policy to use in my classrooms.

As uninformed as many of my undergraduate students are, I truly do not believe that a similar effort on the IUPUI campus would yield such a collection of pitifully ignorant and utterly shallow responses.

I hope to hell I’m right about that, because otherwise, America is over.

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Meditation on Money as Political Heuristic

heuristic is a “rule of thumb,” usually derived from experience. For example, when I get an email telling me that my inbox is full and I should immediately click on this link to ask my “administrator” to expand its capacity, use of a heuristic tells me to delete the message as spam (or worse).

Heuristics are valuable time-savers, but they can also lead us to unwarranted conclusions, by oversimplifying complicated issues.

I’ve been thinking about the increasing use of campaign contributions as a heuristic in voting ever since the midterms. Full disclosure: our daughter was one of the three (successful) candidates for the Indianapolis Public School Board whose endorsement by an “out of state” organization and ability to raise money was the basis of assertions by opponents that they were somehow less committed to public education than candidates who were not endorsed and who raised very little money.

Suspicions about money are understandable in the wake of Citizens United, in an era when Super Pacs, 527s, “dark money” from people like the Koch Brothers, Sheldon Adelson, Karl Rove and others regularly advance the prospects of special interests. But all endorsements and all funding sources aren’t equal.

If a candidate or campaign is endorsed by an organization with which you have significant policy disagreements, that’s obviously a legitimate reason to withhold your support, but the mere fact that an endorsement comes from a national group is not. Being national–even being “out of state”– is not in and of itself nefarious. Similarly, candidates who raise only trivial amounts of money either aren’t considered viable by most donors or aren’t working very hard–and neither is a positive sign.

Let’s take an example: When Freedom Indiana was fighting HJR 3, the ban on same-sex marriage, help from national organizations like Lambda Legal and the Human Rights Campaign was critical to that effort–and to the effort to raise essential campaign funds.

What is important is transparency.

We need rules and mechanisms that permit voters to know where candidates are getting their money and what it is those contributors stand for. (Also–although since Buckley v. Valeo the Supreme Court has consistently failed to recognize it– we need rules limiting the amount of money that any particular person or organization can contribute, directly or indirectly.)

I’ll be the first to agree that the current rules governing campaign funding–if one can even dignify them as “rules”–aren’t helpful.

Voters should be able to look at the sources of a candidate’s support, and make their own judgments about what that support means, and whether they agree or disagree with the positions of the endorser or contributor. In the school board race, voters had that information, but in far too many situations, they don’t know who is behind the “Grandmas and Kittens PAC.” We need far more–and more frequently reported– information than we currently have, and we need enforcement of the rules (few and weak as they are) that do exist.

That said, all money isn’t evil and all issues aren’t exclusively local. Rules of thumb have their place, but they need to be properly applied.

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I’m Laughing So I Won’t Cry….

Increasingly, the most trenchant commentary on what passes for a political landscape these days comes from avowed comedians–especially satirists like Jon Stewart and Stephen Colbert. (Satire is really hard these days, what with walking self-satirists like Sarah Palin, Louie Gohmert, et. al. I find myself looking at headlines and saying “Surely that’s from the Onion…)

When it comes to climate change, Stephen Colbert may have delivered the best put-down ever of the “motivated reasoners” who deny that anything untoward is happening.

“I am not a scientist” is so worth watching!

If Nero could fiddle while Rome burned, we’d might as well laugh as the water rises….

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Defeating The Prison-Industrial Complex

When the Federalist Society is issuing dire predictions about a policy choice, I perk up. (If the Federalist Society is against something, it’s safe to assume I’ll probably approve of it.) And sure enough, it seems that amid the various disasters of the recently-concluded midterm elections, California voters did something sensible: they overwhelmingly passed Proposition 47.

Prop 47, officially named The Safe Neighborhoods and Schools Act of 2014, changes sentencing for certain low-level, nonviolent crimes including simple drug possession and petty theft. It also permits people who are currently incarcerated for such offenses to apply for resentencing.

Unsurprisingly, private prison operators, their political cronies, and the more punitive elements of the law enforcement establishment are predicting the End of Western Civilization as We Know It.

Financial savings are projected to be in the hundreds of millions—and those savings (largely but not entirely from reduced prison populations–hence the hysteria from the private prison folks) would be diverted into mental health and drug treatment programs, K–12 schools, and to compensate crime victims.

Americans may be beginning to come to their senses, at least where crime and punishment are concerned.

Ed Brayton notes that a broad coalition of liberal, conservative and libertarian political leaders has concluded that the tough-on-crime policies of recent decades are both costly and counterproductive.

In that view, widespread drug arrests and severe mandatory sentences are doing more to damage poor communities, especially African-American ones, than to prevent crime, and building ever more prisons that mostly turn out repeat offenders is a bad investment…

Our current, vindictive “law and order” approach to public safety has not only not made us safer, it has cost us a bundle and made us the world’s most aggressive jailers.  America accounts for 5% of the world population yet we have 25% of the world’s prisoners.

According to the LA Times, the greatest effect of Proposition 47 will be in drug possession cases.  California now becomes the first state in the nation to downgrade those cases from felonies to misdemeanors.

Little by little, albeit at a painfully slow pace, Americans are addressing the nation’s real addiction– to its failed and disastrous Drug War. Measures to decriminalize marijuana in several states, and now California’s tacit recognition of prohibition’s folly, signal a tardy recognition of the damage done by a counterproductive “war” that has ruined far more lives than marijuana ever could.

A little bit of sanity for a crazy time. I’ll take it.

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