Weakened labor standards
A multidimensional reduction in labor standards and their enforcement has
helped suppress wages.
The dramatic failure to maintain an appropriate value of the minimum wage
has undercut the earnings of the bottom third of workers, heavily affecting
Black, Hispanic, and women workers. The federal minimum wage in 2019 was 25
percent below its peak value in 1968, even though productivity doubled. The
erosion of the minimum wage explains most of the shift in the wage gap
between low- and middle-wage workers.
Overtime protections have also been weakened. While nearly half of salaried
workers in 1975 were covered by the overtime threshold—salaried workers
below this level automatically qualify for overtime—that share had fallen
to just 10 percent of salaried workers by 2014.
Reduced enforcement of labor standards compounds wage problems by allowing
extensive theft of wages: wage theft occurs when employers fail to pay
workers the wages they are entitled to, including paying below minimum wage
or failing to pay overtime. Low-wage workers lost more than $50 billion to
wage theft in 2016, far exceeding the loss of stolen property in robberies.
Wage theft falls hardest on low-wage and immigrant workers and represents
about 3 percent of the total wages of the bottom 60 percent of earners. It
is not possible to gauge how much wage theft has grown over four decades,
but experts believe that it is now epidemic—as such, it is reasonable to
say that an additional 1.5 to 2 percent of wages are now lost as a result
of wage theft compared with 1979.
Immigration policy generates labor-standard-free zones in the labor market.
Roughly 6 percent of the workforce, including undocumented and guest
workers, lacks full labor protections from employers’ exercise of market
power. This growth of an exploitable immigrant workforce undercuts wage and
employment standards and puts downward pressure on wages. Note that the
focus is not on immigrants taking jobs from others; rather, the focus is on
weak labor standards and protections that leave immigrants open to
exploitation.
Employers have also come up with innovative agreements that workers are
forced to sign, limiting their job prospects and their ability to challenge
employers in courts and with government agencies: these agreements suppress
wages, as they are intended to do. Noncompete agreements, for instance, bar
workers at one company from going to work for a competing business and now
dim the prospects of between 28 percent and 46 percent of private sector
workers. Forced arbitration provisions compel workers to take
discrimination charges, wage and hour law violations, and other matters to
corporate-dominated arbitration—frequently as individuals and not as part
of a collective action—rather than to courts. These agreements covered 56
percent of nonunion private sector workers in 2018.
Millions of workers are being deliberately misclassified as independent
contractors when they are actually employees, denying them social insurance
protections, workplace protections (anti-discrimination, collective
bargaining), and health and pension benefits. This is the case not only
with leading ride-sharing firms such as Lyft and Uber but also in trucking,
construction, and janitorial services.