The United States is an employment “at-will” country. That means, absent a union contract, a boss can fire a worker for almost any, or even no reason, and without advance notice. Well—with the exception of Montana. As the state’s employment division explains: “Montana is not an ‘at-will’ state. . . generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.”
While Montana is the exception in the United States, the United States is the exception among developed capitalist economies. In those other countries, most workers can only be dismissed for “just cause,” with just cause statutorily or judicially defined. For example, German workers employed for more than six months by a company with more than ten workers cannot simply be dismissed. The company must have a valid business or personal conduct reason. Moreover, the company is also required to notify the employee in advance, and in writing, of their termination. Many employees also receive severance pay proportional to their length of employment.
So, how big a deal is employment at-will in the United States? According to the results of a recent survey by the National Employment Law Project (NELP), carried out by YouGov, more than two out of three workers who have been discharged received no reason or an unfair reason for their termination. Almost three out of four received no warning before discharge.
With the Federal Reserve pushing up interest rates, we appear headed for a new recession. Sadly, our unemployment insurance system remains broken: too few unemployed receive benefits and the benefits are far too low. As a result, the next recession, when it comes, will again bring unnecessary suffering to millions of workers and their families.
It doesn’t have to be this way. Federal action during the recent pandemic crisis shows how our unemployment system can be dramatically improved. The problem is that many business and political leaders are content with the system as it is now. That means it is up to us to start agitating for reform, and the sooner the better.
Slip slidin’ away—that is what tends to happen to pro-worker reforms in our economic system. Things are structured so that without constant vigilance and struggle on our part, gains are gradually undone. A case in point: overtime pay.
It wasn’t that long ago that most workers in the US were eligible for time and half pay for every hour worked beyond a 40-hour work week. Employers didn’t agree to overtime pay out of the goodness of their hearts. They did it because worker organizing and activism pressured Congress to pass a labor law requiring, although with some important exceptions, the payment of overtime wages. Now, a significant number of workers no longer have the right to overtime pay. For example, in 1975 more than 60 percent of salaried workers automatically qualified for time and half pay. That share fell to a low of 4 percent in 2000 before slowly rising to 15 percent in 2020.
President Biden’s 2022 State of the Union Address included a call for a $15 federal minimum wage. According to an Economic Policy Institutestudy, a phased increase to a $15 federal minimum wage by 2025 would raise the earnings of 32 million workers—21 percent of the workforce, no small thing.
The current federal minimum wage is $7.25. The federal minimum wage was established in 1938, as part of the Fair Labor Standards Act. Congress has voted to raise it 9 times since then, the last time in 2007. That last vote included a mandated three step increase that brought it to its current level in July 2009.
It has been 13 years since the last increase in the federal minimum wage, the longest period since its establishment without an increase. Taking inflation into account, workers paid the federal minimum wage in 2021 earned 21 percent less than what their counterparts earned in 2009, and prices keep rising. Outrageously, this eroding federal minimum wage continues to set the wage floor in 20 states. Where is the justice in that?
The Green New Deal has become a rallying cry for activists seeking to build a mass movement capable of addressing our ever worsening, and increasingly interrelated, climate and social crises. Building such a movement is no simple task, but I believe that our organizing efforts can greatly benefit from a careful study of the rapid transformation of the US economy from civilian to military production during World War II.
In two recent publications, with links below, I describe and evaluate the planning process responsible for the wartime transformation and offer my thoughts on some of the key lessons to be learned. In what follows I highlight some of the reasons why I believe Green New Deal advocates would benefit from careful study of the wartime experience.
There appears to be growing consensus among economists and policy makers that inflation is now the main threat to the US economy and the Federal Reserve Board needs to start ratcheting up interest rates to slow down economic activity. While these so-called inflation-hawks are quick to highlight the cost of higher prices, they rarely, if ever, mention the costs associated with the higher interest rate policy they recommend, costs that include higher unemployment and lower wages for working people.
The call for tightening monetary policy is often buttressed by claims that labor markets have now tightened to such an extent that continued expansion could set off a wage-price spiral. However, the rapid decline in the unemployment rate to historically low levels, a development often cited in support of this call for austerity, is far from the best indicator of labor market conditions. In fact, even leaving aside issues of job quality, the US employment situation, as we see below, remains problematic. In short: the US economy continues to operate in ways that fall far short of what workers need.
The news has recently highlighted labor’s growing activism, publishing numerous stories about high quit rates, threatened and actual strikes, and wage gains. While these stories do capture the anger and determination of workers who have suffered through the pandemic with limited compensation for dramatically increased workloads while watching profits soar, they also paint an overly optimistic picture of the gains being made. And now, the media seems mesmerized by the threat of inflation, with those advocating austerity increasingly given prominent play. The reality is that the labor movement has a long struggle ahead and it should not be distracted by unwarranted fears of inflation.
Many are understandably alarmed about what the September 4th termination of several special federal pandemic unemployment insurance programs will mean for millions of workers. Twenty-five states ended their programs months earlier, with government and business leaders claiming that their termination would spur employment and economic activity. However, several studies have disproved their claims.
One study, based on the experience of 19 of these states, found that for every 8 workers that lost benefits, only one found a new job. Consumer spending in those states fell by $2 billion, with every lost $1 of benefits leading to a fall in spending of 52 cents. It is hard to see how anything good can come from the federal government’s willingness to allow these programs to expire nationwide.
According to an Economic Policy Institutereport, between 28 and 47 percent of U.S. private sector workers are subject to noncompete agreements. In brief, noncompete agreements (or noncompetes) are provisions in an employment contract that ban workers from leaving their job to work for a “competitor” that operates in the same geographic area, for a given period of time. In a way, it’s an attempt to recreate the power dynamics of the employer-dominated company towns of old—with workers unable to change employers if they want to continuing working in the same industry.
It is not just top executives that are forced to accept a noncompete agreement. Companies also use them to restrict the employment freedom of many low wage workers, including janitors, security guards, fast food workers, warehouse workers, personal care aids, and room cleaners. In fact, the Economic Policy Institute estimates that almost a third of all businesses require that all of their workers sign noncompetes, regardless of their job duties or pay.
We face many big challenges. And we will need strong, bold policies to meaningfully address them. Solving our child-care crisis is one of those challenges, and a study of World War II government efforts to ensure accessible and affordable high-quality child care points the way to the kind of bold action we need.
The child care crisis
A number of studies have established that high-quality early childhood programs provide significant community and individual benefits. One found that “per dollar invested, early childhood programs increase present value of state per capita earnings by $5 to $9.” Universal preschool programs have also been shown to offer significant benefits to all children, even producing better outcomes for the most disadvantaged children than means-tested programs. Yet, even before the pandemic, most families struggled with a lack of desirable child-care options.