Bypassing seven years of congressional inaction and accelerating a national trend, state legislatures in California and New York have passed laws that will gradually raise the minimum wage to $15 an hour. In separate legislation these states have also extended family leave for workers who take time off to care for their newborn.
Twenty-nine states and the District of Columbia now have wage floors above the federal minimum of $7.25 an hour, according to the National Conference of State Legislatures (see Bird’s eye view). The federal minimum has been stuck at this level since 2009 and there are no prospects for raising it during this presidential election year.
Taken together, California and New York are home to more than 57 million people, about a sixth of all Americans. The minimum wage bill signed into law by Democratic governors in these two states have similar goals but also differences produced by legislative compromise. Such compromises have eluded Congress, where Democrats favor and Republicans oppose increasing the federal minimum.
Away from the nation’s capital, the minimum wage is a somewhat less partisan issue. In 2014, voters in four Republican-leaning states – Alaska, Arkansas, Nebraska and South Dakota – approved minimum wage hikes by substantial margins. Legislatures in 10 states also approved minimum wage increases in 2014; Rhode Island joined the list in 2015.
There is considerable variety in the wage floors of the states, depending in large part on economic conditions. Some states have been creative in the standards they have adopted. Nevada, for instance, has an $8.25 minimum for businesses that do not provide health care for their workers and a $7.25 minimum for those that do.
Economists differ on the impact of increasing the minimum wage, a centerpiece of the liberal agenda favored by Democratic presidential candidates Hillary Clinton and Bernie Sanders. Presumptive Republican nominee Donald Trump has wavered on the issue, first opposing a minimum wage increase and lately hinting that he might favor it. Proponents of increases say present minimums are well below a living wage. Opponents assert that boosting the minimum will force businesses to reduce jobs and in doing so hurt people that the wage increases are meant to help.
When Gov. Jerry Brown (D) signed the California minimum wage increase into law, he called it a matter of “economic justice” but acknowledged the possibility of hardships for some at the bottom end of the economic scale. On balance, he said, the benefits outweighed the drawbacks. Brown brokered the compromise under which California avoided an expensive ballot initiative campaign. The law raises minimum wages in six stages to $15 an hour by the end of 2022.
The New York law will raise the minimum wage to $15 an hour by 2018 – but only in New York City. Unlike California’s one-size-fits-all measure, the New York measure sets varying rates and timetables in different parts of the Empire State. Long Island and Westchester County will not reach the $15 minimum until 2021; areas north of Westchester will then have a minimum wage of $12.50 an hour.
New York Gov. Andrew Cuomo (D) had wanted a uniform minimum throughout the state, but the state senate, narrowly controlled by Republicans, insisted on variable wage floors. Did the senate save Cuomo from himself? Some conservatives think so; they say less affluent areas cannot afford the same minimum as New York City.
Such an argument could be made with even greater force in California, the nation’s most populous state and third largest in size. A New York Times analysis of the new California law suggests it could be beneficial in places such as San Francisco and San Jose, where the minimum wage is half or less of the median wage, but not in Fresno or Merced, in California’s central valley, where the new minimum will be three-fourths of the median wage. “Many economists are concerned that the measure may lead to job losses in places where the minimum wage will be relatively close to what the typical worker is expected to earn,” the Times said.
The Golden State is a study in contrasts. Economic growth is surging, and the jobless rate, although still higher than the national average, has dropped to 6.3 percent. But California has the nation’s highest poverty rate at 23.6 percent. The county with the state’s worst poverty rate is Fresno, at 28.6 percent.
California also has vast disparities in wage growth. According to a Los Angeles Times study, the 482,000 Californians employed in technology, entertainment, publishing and other information businesses have seen their average weekly wage rise 44 percent since 2010 while the 5.2 million people in education, health and hospitality jobs have seen small increases and in some cases taken pay cuts. The gap between high-income and low-income Californians is twice as large as it was in 1980, the Public Policy Institute of California reported last week.
California’s legislature, solidly controlled by Democrats, has embarked on a series of efforts aimed at helping lower-paid workers and young parents who leave work to care for their families. Last month the legislature approved an expanded family leave program that, beginning in 2018, will provide most workers with 60 percent of their wages for up to six weeks, capped at about $1,l00 a week. Those making $20,000 or less annually will receive 70 percent of their regular pay. While the law makes no gender distinction, its principal beneficiaries will be working mothers.
In signing the bill Gov. Brown said he was trying to compensate for the “gross inequality” that has become a central political issue in the United States and several other countries.
The measure, costing an estimated $587 million annually when fully implemented, will be financed by an increase in payroll deductions through the state’s disability insurance system. Some Republicans fear this could prove a drag on the economy, but there was little organized opposition. The California Chamber of Commerce, a major lobbying force in Sacramento, did not take a position on the bill.
Government-subsidized family leave is commonplace in industrialized countries in Europe and Asia but rare in the United States. This was noted by President Obama in a statement praising the new California law. “Congress needs to catch up to California—and to countries all over the world—by acting to guarantee paid family leave to all Americans,” Obama said.
Three other U.S. states provide modest amounts of family leave. New York in March extended partial pay from six weeks to 12 weeks. New Jersey and Rhode Island provide partial pay for up to six weeks.
State experiments in providing family leave and higher wage floors demonstrate a valuable feature of the U.S. federal system. Supreme Court Justice Louis Brandeis long ago suggested that states can serve as laboratories of democracy, trying out “novel social and economic experiments without risk to the rest of the country.”
In 1932 when Brandeis wrote this oft-quoted dissenting opinion, the federal government was not the behemoth it is today. Too often, however, Washington resembles a hapless giant, divided by partisanship and deadlocked by the politics of maneuver.
Now, more than ever, leadership and experimentation are needed from the states. The nation can learn from what’s happening in California and New York.
Despite MASSACHUSETTS Gov. Charlie Baker’s (R) veto in August of a provision in a road funding bill passed by state lawmakers providing for a vehicle miles traveled (VMT) tax pilot program, the state hasn’t ruled out the possibility of imposing such a tax in the future. In an email sent to staffers at the Executive Office of Administration and Finance at the time of Baker’s veto, Department of Transportation Legislative Director Michael Berry said, “VMT...may be a tool that is needed down the road.” (REPUBLICAN [SPRINGFIELD, MASSACHUSETTS], LEXISNEXIS STATE NET)
MISSOURI state Sen. Will Kraus (R) has proposed legislation to phase out the state’s 6.25-percent corporate income tax by 2019. Kraus said President-elect Donald Trump’s support for reducing corporate taxes could give his proposal momentum. (OZARK RADIO NEWS)
-- Compiled by KOREY CLARK
Maryland Gov. Larry Hogan (R) has unveiled a series of agenda items he plans to pursue in the new legislative session, including the repeal of a law adopted earlier this year that requires state officials to rate and rank proposed transportation projects to determine which should get funding priority.
Other plans include attempting to revive a proposal to create manufacturing jobs in high-unemployment areas and doubling the amount of money the Old Line State spends on scholarships for low-income students to attend private schools. All three ideas face an uphill battle in the Democrat-dominated General Assembly.
The transportation rating legislation (HB 1013) became law after lawmakers overrode Hogan’s veto in April. But Hogan says the law will “wreak havoc on the entire state transportation system” because the scoring system it will utilize favors projects in urban areas over those in more rural jurisdictions. The law’s supporters counter that it will ensure fiscal accountability while also giving the Hogan administration the flexibility to choose lower-scoring projects over higher-ranking ones if he can justify the decision.
Hogan’s manufacturing proposal previously failed during the 2016 legislative session, though a Hogan spokesperson said earlier this month that his office has “worked out some of the kinks” that led lawmakers to reject the original proposal. That plan would have provided a 10-year tax exemption for new manufacturers and their employees in certain areas, including Baltimore, Western Maryland and the lower Eastern Shore.
The governor’s education proposal would double – to $10 million over the next three years – the amount the state dedicates to a program known as Broadening Options and Opportunities for Students Today. The plan has already drawn strong opposition from the state teachers union, which wants the program abolished. Last week the union called the scholarship proposal a “Trump-like initiative that sends taxpayer money from public schools to private schools.” (WASHINGTON POST, BALTIMORE SUN, LEXIXNEXIS STATE NET)
Last week, the U.S. Supreme Court refused to hear a challenge to a Colorado law aimed at enabling the state to collect more of the sales taxes that go unpaid each year by Colorado residents on their out-of-state purchases, costing the state more than $170 million in lost revenue each year, according to recent estimates.
The law, passed in 2010, requires businesses located outside the state, including online retailers - hence the nickname of “Amazon tax” given to such laws - to either collect and remit sales tax on behalf of their Colorado-based customers or inform those customers of their obligation to pay their state’s 2.9 percent sales tax and submit information about those customers and transactions to the state. The Direct Marketers Association (DMA) - now known as the Data & Marketing Association (DMA) - challenged that law on the grounds that it violated the U.S. Constitution's Commerce Clause, barring undue restrictions on interstate commerce. But the 10th U.S. Circuit Court of Appeals in Denver upheld the law in February, and the Supreme Court’s refusal to take up the case leaves the 10th’s ruling in place.
“We are disappointed the Supreme Court did not take the case and are concerned it will only encourage other states to adopt similar laws and regulations that are designed to put arbitrary burdens on out-of-state sellers,” DMA Senior Vice President of Advocacy Emmett O’Keefe said in a statement.
Max Behlke, director of tax and budget policy for the National Conference of State Legislatures, likewise, said: “Other states, which have seen their revenue decline in sales tax, would be more apt to introduce and enact legislation like Colorado’s [law].” (REUTERS, DENVER POST)
Twenty-one states have passed laws governing public access to police body camera footage, according to CNN and the Reporters Committee for Freedom of the Press. A few of those measures, including North Carolina HB 972, were signed into law in the last few months. Legislation concerning access to body camera footage is also pending in another 13 states.