How to steal $110 million from Iowa workers

No artifice of “regulatory relief” or concern for untipped workers can justify this theft.

In most states, tipped workers are paid a subminimum “tipped wage.” In Iowa the tipped wage is $4.35/hr. The gap between the tipped wage and the minimum wage (in Iowa, $7.25-$4.35 or $2.90) is called the “tip credit.” Tips are first used to satisfy this credit (bringing the hourly wage to the minimum); once the credit is satisfied, tips are an uneven addition.

Our state and national labor laws have long operated under the assumption that tips earned by waitresses or bartenders or manicurists belong to the worker who earned them. In 2011, the federal Department of Labor (DOL) clarified and codified this rule, underscoring that, regardless of the jurisdiction or local wage, “a tip is the sole property of the tipped employee.”

In December of last year, the Trump Administration announced its attention to repeal this rule (after already announcing its intention to cease enforcement of the rule last July). Under the new regime, employers of tipped workers could retain any tips in excess of those needed to satisfy the tip credit. Forcing tipped workers to pool or kick back tips to the house has always been considered a form of wage theft. The new rule would make this wage theft perfectly legal.

The new rule, the brainchild of the National Restaurant Association, rests on the thin logic that employers would share tips with “back of the house” staff. But nothing in the rule requires them to do so, and research on wage theft in various jurisdictions suggests that tip stealing by management is already widespread. Indeed, the DOL punctured its own logic with an internal study finding that the rule would result in huge losses to tipped staff, and then — in defiance of any semblance of good government and transparency — buried the study.

Fortunately, the Economic Policy Institute (whose crack research staff includes the DOL’s former chief economist) has stepped in with its own look at the dismal impact of this rule. Using a combination of W-2 (tax) and industry data, EPI estimates a base of about $36.4 billion annually in tips (a conservative estimate, since a substantial share of tips go unreported as income). Since some of that $36 billion must be used to satisfy the tip credit, the share of that “at risk” is a little lower, about $26 billion.

Grade school economics, in turn, would suggest that almost all of that $26 billion would be pocketed by employers: There is no need or incentive, after all, to share tip revenues with bussers and dishwashers, whose wages (and willingness to work) are already established by local labor markets. Fortunately, many state labor laws offer further protection or regulations of tipped wages that would not be affected or pre-empted by the new federal rule. This brings the take of this heist down to just under $6 billion. In Iowa alone (where no state laws supplement federal rules and standards on tipped work), the annual loss would be about $110 million.

Looking at this on a smaller scale drives home the avarice and the injustice. Consider Francesca, a waitress at a mid-price, full service restaurant. Her base wage is $4.35. On a typical four-hour dinner shift, she serves eight tables. The average bill for those tables is $25.00, and the average tip is 15 percent or $3.75 — making her take home pay $47.40 ($17.40 in base wages and $30 in tips), or just under $12/hour. Under the new rule, Francesca would keep only enough of that $30 in tips to bring her wage — the base wage plus the tip credit — to the federal and Iowa minimum wage of $7.25. She takes home $29. If we follow EPI’s assumption, about half of the remaining tips would go to other employees, and about half would go in the employer’s pocket.

No artifice of “regulatory relief” or concern for untipped workers can justify this theft. The new rule, as Christine Owens of the National Employment Law Project notes, is “nothing more than robber barons masquerading as Robin Hood.”

Colin Gordon, professor of history at the University of Iowa, is senior research consultant at the nonpartisan Iowa Policy Project. He has authored or co-authored many IPP reports on jobs, wages and wage theft issues including The State of Working Iowa. cgordonipp@gmail.com

More from IPP on wage theft:
Wage Theft in Iowa by Colin Gordon, Matthew Glasson, Jennifer Sherer and Robin Clark-Bennett, August 2012
Stolen Chances: Low-Wage Work and Wage Theft in Iowa by Colin Gordon, September 2015

Labor Day 2017: Disappointing trends for Iowa working families

A higher minimum wage, union representation and investments in education produce growth and productivity in local and state economies that tax cuts never deliver.

Editor’s Note: This piece by Colin Gordon, senior research consultant at the Iowa Policy Project, ran as a guest opinion in The Des Moines Register.

Hear Colin Gordon’s Sept. 7 interview on Michael Devine’s “Devine Intervention program on KVFD-AM 1400 Fort Dodge.

Labor Day is always a good time to take stock of the state of working Iowa. Patterns of employment, job creation, and wage and income growth across the Iowa economy are telling — and disappointing.

This long-term economic pattern combines with the most disheartening legislative changes for working families in the lifetimes of most Iowans. The year 2017 poses great challenges to Iowans’ economic security, let alone opportunity for those coming to, serving in or retiring from the job market.

The Iowa Policy Project’s upcoming State of Working Iowa review finds the following:

•   Recovery is elusive. The Great Recession is over, but the national and Iowa economies are still struggling to recover. While Iowa regained its pre-recession threshold of jobs in June 2013, our economy and population have continued to grow — leaving us a jobs deficit of 34,000 jobs as of July.

While the unemployment rate has come back down to a healthy 3.2 percent, the labor force participation rate is still well below its peak and rates of underemployment and long-term unemployment are still higher than they were before the financial crisis hit in 2007.

•   Despite job gains, we have fewer good jobs. Counting jobs lost or added is important, but so is the quality of those jobs. Since the 1970s, Iowa has shed many good jobs in sectors like manufacturing, and replaced too many of them with lower-wage service jobs.

But the real damage has been done by the collapse of security and job quality within sectors and occupations. We have traded good jobs for bad jobs, due to economic shifts, loss of union representation, lax enforcement of labor standards, and alarming growth in contingent work relationships.

•   We are treading water. Wage growth is anemic for all but the highest earners, underscoring both low job quality. In Iowa, the median wage in inflation adjusted dollars inched up less than 1 percent, across the last generation (since 1979).

The constraints on wage growth are mostly political: a weak commitment to full employment, the declining real value of the minimum wage, and loss of voice and bargaining power with the loss of union representation.

•   We are choosing the wrong policies at the wrong time. The last year in state and national politics has only made things worse. The Trump Administration has moved to roll back both the substance and enforcement of key labor standards, and trade, tax, and financial policies have lavished the economy’s rewards on the highest earners. In Iowa, the legislative fusillade of the last session took aim at precisely the policies — including public sector collective bargaining and local minimum wage initiatives — that were helping to contain the damage.

Recent experience across the states offers us a good sense of what works and what doesn’t. A higher minimum wage lifts families out of poverty with no decrease in employment or economic growth. Union representation and collective bargaining offer a robust defense against income inequality and the erosion of job quality. Investments in education produce growth and productivity in local and state economies that tax cuts never deliver.

When states ignore these facts — as Kansas and Wisconsin have — they undermine the prosperity, security and mobility of their citizens.

The high road to economic growth and worker security is the better course for Iowa.

Colin Gordon is a professor of history at the University of Iowa and senior research consultant at the nonpartisan Iowa Policy Project in Iowa City. He is the author of reports in IPP’s “State of Working Iowa” series. Contact: cgordonipp@gmail.com.

 

Minimum wage sinking — not ‘stuck’

New analysis from the Economic Policy Institute illustrates just how much we underestimate the impact of inaction on the minimum wage when we talk of it being “stuck,” “frozen,” or “held down,” at $7.25.

In reality, as EPI’s David Cooper shows, the wage actually declines year by year, because its buying power doesn’t keep pace with inflation. The $7.25 national minimum wage that took effect in 2009 would be $8.29 in today’s dollars. Put another way, the value of the minimum wage has declined 12.5 percent since Congress last raised it.

For Iowa, the situation is even worse, because the Iowa Legislature passed and Governor Chet Culver signed a $7.25 minimum wage that took effect a year and a half before the national increase. When the Legislature returns in January, it will have been 10 years since the last minimum-wage increase, while costs to families have kept rising.

EPI also points out that at its high point in 1968, the federal minimum wage was equal to $9.90 in today’s dollars. Tie it to increases in average wages, and the figure is $11.62. Tie it to productivity, and the figure is $19.33.

Click the link below for an interactive version of the above graphic:
http://www.epi.org?p=132305&view=embed&embed_template=charts_v2013_08_21&embed_date=20170802&onp=132309&utm_source=epi_press&utm_medium=chart_embed&utm_campaign=charts_v2

It seems settled in the current political environment that our minimum wage is stuck — there’s that word — at $7.25. There is no movement in either Des Moines or Washington to raise it, even though 29 states currently are above that level, including all but Wisconsin among our neighbors.

In fact, the state of Iowa forced repeal of local minimum wages where counties and cities demonstrated leadership that our legislative leaders could not, as those state leaders pandered to ideological myths and political talking points from an entrenched and bullying business lobby.

A $7.25 minimum wage is indefensible. Businesses paying at or near that wage benefit from the economy that taxpayers support through public services, not the least of which are law enforcement, fire protection and streets, let alone an educated work force. Yet they insist that we ask nothing in return, while their workers toil at wages so low they need other public supports — in food, health care, housing and energy assistance, all threatened by the current administration in Washington — just to keep their families going.

Think you’re done hearing about the minimum wage? Not if we can help it.

Mike Owen, executive director of the nonpartisan Iowa Policy Project

mikeowen@iowapolicyproject.org

Session Recap: ‘Historic’ — not label of pride

Some legislators may boast of a “historic” session. History will mark 2017 as a low point in Iowans’ respect and care for each other.

By

4/22/17

IFP Statement: ‘Historic’ session not a label of pride

Legislative session hits working families and traditions of good governance

Basic RGB

Statement of Iowa Fiscal Partnership • Mike Owen, Iowa Policy Project

To describe the 2017 Iowa legislative session as “historic” is not a label its leaders should wear with pride.

Iowans needed a legislative session that worked to raise family incomes and expand educational opportunity. Iowans had long demanded water-quality improvement measures. Many called for lawmakers to address the lack of fairness, adequacy and accountability in a tax system laden with special-interest breaks and costly subsidies to corporations.

Instead, Iowans got a continued ratcheting down of funding for PK-12 public education. There were significant and serious cuts in post-secondary education that will lead to tuition increases. We saw cuts to early-childhood education and other programs that serve our most at-risk children and neglect of the child-care assistance program that helps working families struggling to get by.

The Legislature continues to demand little or nothing of industrial agriculture in cleaning up the mess it has left in our waters. Lawmakers tried to dismantle the Des Moines Water Works board, limited neighbors’ right to complain in court about pollution, and eliminated scientific research at the Leopold Center. Their ultimate action on water merely diverts resources from other priorities, such as education and public safety.

Lawmakers largely left the tax issue to the next session. An overture in the House to reform Iowa’s reckless system of tax credits was a welcome acknowledgment that this issue needs attention, but devils in the details make further discussion of this issue during the interim even more welcome.

Perhaps as troubling as the destructive nature of policy content this session, Iowa’s image of adherence to good governance took a big hit. The most controversial policy changes came not through collaborative, public discussion in committee, let alone the 2016 political campaigns, but were often dumped into lawmakers’ laps with little opportunity for amendments.

In what could accurately be called a “session of suppression,” lawmakers achieved:

  • Wage suppression, with a bill to preempt local minimum wage increases while refusing to raise Iowa’s repressive, 9-year-old minimum of $7.25.
  • Workplace suppression, gutting collective bargaining protections for public employees, and making it more difficult for Iowans recover financially from injuries on the job.
  • Health-care suppression, achieved in workers’ compensation legislation while also refusing to reverse Governor Branstad’s disastrous move to privatize Medicaid.
  • Local suppression, whacking at local government control in a variety of areas: minimum wage, legal defenses against concentrated animal feeding operations (CAFOs), fireworks sales, and collective bargaining options.
  • Voter suppression, with a bill to make it more difficult for many citizens, particularly low-income and senior voters, to exercise their right to vote.
  • Suppression of children’s healthy development, with additional cuts to Early Childhood Iowa and Shared Visions that will reduce access to critical home visitation, child care and preschool services for some of our most at-risk youngsters.

Some legislators may boast of a “historic” session. History will mark 2017 as a low point in Iowans’ respect and care for each other, a legacy that will not be celebrated when future Iowans look back on this session and the closing act of Governor Branstad’s long tenure in office.

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The Iowa Fiscal Partnership is a joint public policy analysis initiative of two nonpartisan, nonprofit, Iowa-based organizations — the Iowa Policy Project in Iowa City, and the Child & Family Policy Center in Des Moines. Reports are available at www.iowafiscal.org, and on the websites of the two partner organizations, www.iowapolicyproject.org and www.cfpciowa.org.

Look west, or to locals, for leadership

Iowans could take a lesson from leaders in Oregon, who had the courage to look at their residents’ economic challenges. Just repealing local minimums does not meet that test of leadership.

Those concerned about a “patchwork” or “hodgepodge” of minimum wage laws across Iowa might want to take a look west — far west — to Oregon.

In contrast to Iowa legislators’ calls for “uniformity” no matter how inadequate a uniform minimum wage may be, the Beaver State has embraced the idea of different minimum wages.

A 2016 law effectively sets three tiers of minimum wages — one for the Portland area (Metro), one for selected other urban areas (Standard), and one for more rural counties (Nonurban). Currently, the minimums are $9.50 in Nonurban areas, and $9.75 in the Standard and Metro areas. As of July 1, they will be $10, $10.25 and $11.25, respectively.

As the Oregon law moves forward, the three tiers will rise in steps each July 1, ultimately to between $12.50 and $14.75 by 2022. A formula will index those rates starting in 2023.

Quite a contrast from Iowa, where we still sit at $7.25 as a statewide minimum, with five counties (Lee County the latest, on Tuesday) choosing to set a higher minimum for their workers. State officials who have balked at raising Iowa’s statewide minimum have retaliated with legislation to repeal the raises and prohibit future such actions, the bill as of Wednesday morning still awaiting the Governor’s almost certain signature.

Oregon’s hybrid approach of a state policy setting a small range of local minimums may or may not be optimal, but it does recognize the value of a meaningful state minimum reaching to all corners of the state, and the fact that not all labor markets are the same — they differ by locality.

In Iowa, the local option exercised thus far by five counties under their home-rule authority is a middle ground that permits careful judgment when state edicts prevent it.

But Iowans could take a lesson from leaders in Oregon, who had the courage to look at the economic challenges faced by their residents, and to address those challenges in meaningful public policy. Just repealing local minimums does not meet that test of leadership.

Posted by Mike Owen, Executive Director of the Iowa Policy Project

mikeowen@iowapolicyproject.org

Who will attend the signing ceremony?

billsigning-pensYou pass a bill, presumably you’re proud of it, and would like a picture with the Governor signing it. And you even might get a pen.

There are usually plenty of pens.

The Iowa House and Senate have now both passed a bill removing authority of local governments in Iowa to pass minimum wage increases above the state’s meager $7.25. Four counties have done so, and these ordinances will be repealed.

Who wants their picture with the Governor authorizing a pay cut for some 85,000 Iowans? The Governor, who set a campaign goal in 2010 of a 25 percent increase in family incomes (see his website), might think twice about attending himself.

In any event, we can’t make it.

And neither can anyone at $7.25.

owen-2013-57Posted by Mike Owen, Executive Director of the Iowa Policy Project
mikeowen@iowapolicyproject.org

Virtual House graphic: Closer look at who gains with local raises

Well over half of those benefiting from local minimum-wage increases are women, workers over age 20, and full-time workers.

Basic RGBAs we have shown, about 85,000 Iowa workers stand to gain from local minimum-wage increases in Linn, Johnson and Polk counties when they are fully phased in as scheduled in 2019. As we show above, the beneficiaries are not who minimum-wage proponents typically attempt to portray in dismissing the importance of the wage.

Well over half are women, workers over age 20, and full-time workers. These are jobs that are essential in meeting household budgets.

Iowa’s minimum wage is $7.25, where it has stood for over nine years. Johnson, Linn, Polk and Wapello counties have passed increases scheduled to reach between $10.10 and $10.75 by 2019.

For more about the minimum wage in Iowa, both statewide and locally, visit this page on the IPP website.

Editor’s Note: The Iowa House of Representatives now denies the ability of lawmakers to use visual aids in debate on the floor. To help Iowans visualize what kinds of graphics might be useful in these debates to illustrate facts, on several days this session we are offering examples. In today’s graphic, we illustrate the impacts of local minimum wages that have been approved in Iowa. We focus on three of the four counties where wages higher than the statewide $7.25 has been approved. In the fourth county, Wapello, the impact has been blunted by the refusal of the city of Ottumwa to go along with it.