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EPA Concedes Puddles, Ditches to Owners

30 Thursday Jan 2020

Posted by pnoetx in Environment, Federalism, Regulation

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Anthony K Francois, Christian Britschgi, Clean Water Act, Environmental Protection Agency, EPA, Federalism, Interstate Waters, Jonathan Adler, Navigable Waters Protection Rule, Obama administration, Property and Environment Research Center, Reason.com, Trump Administration, Waters of the United States, WOTUS

Those who like their government served-up intrusive are reacting hysterically to the Environmental Protection Agency’s new Navigable Waters Protection Rule, which forbids the federal government from regulating waters that are not interstate waters or waters that aren’t or cannot be used in any way related to interstate commerce. The federal government will no longer have jurisdiction over normally dry, “ephemeral”  creek beds, private lakes and ponds unconnected to interstate waters, and most ground areas where rainwater pools, such as ditches on private property. This is a very good thing!

The emphasis of the new rule on interstate waters hews more closely to the constitutional limits of federal power than did the rescinded rule that had been imposed by the Obama Administration in 2015, which some called the Waters of the United States (WOTUS) rule (really an interpretation of “navigable waters”, or WOTUS as defined by the 1972 Clean Water Act). Christian Britschgi writes at Reason.com:

“The Obama-era rule was controversial from the get-go, with multiple Red states filing legal challenges claiming it exceeded the federal government’s authority to regulate water pollution. A slew of federal court rulings stayed the implementation of the rule in over half the states.”

Some of the straightforward differences between the new rule and WOTUS were mentioned above, but Anthony K. Francois of the Property and Environment Research Center gets into a bit more detail in his nice summary of these changes in federal authority.

In many cases, state and local governments already have regulatory authority over waters placed off-limits to the EPA. In fact, as Jonathan Adler wrote last summer, some of those state regulations are more stringent than the federal oversight now rescinded. That flies in the face of assertions by activists that states will be patsies in their dealings with property owners (the activists would call them “polluters”). So those who claim that the new rule will cause damage to the environment are really saying they only trust the EPA’s authority in these matters. They are also saying that no private citizen who owns property should be presumed to have rights over the industrial, commercial, or residential use of that property without review by the federal government. Under WOTUS, this represented such a severe abrogation of rights that it interfered with both productive activity and private enjoyment, not to mention the considerable confusion and costly litigation it prompted.

Weighing the costs and benefits of regulatory actions is a difficult undertaking. However, it is far too easy for regulators, with an imbalance of coercive power in their favor, to impose costly standards in locales where there may be little or no net benefit, and where individual property owners have no recourse. Regulators get no reward for protecting individual liberty and property rights, which skews their view of the tradeoff against potential environmental damage. Federal regulatory power is best kept within strict limits. The same goes for state and local regulatory power, but authority at those levels is at least more accountable to local interests on behalf of consumer, business and environmental concerns.

The Impaired Impeachment

22 Sunday Dec 2019

Posted by pnoetx in Impeachment

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Abuse of Power, Burisma, Donald Trump, Due Process, Hunter Biden, Impeachment, Joe Biden, John Durham, Mitch McConnell, Nancy Pelosi, Nixon vs. United States, Obama administration, Obstruction of Justice, Steele Dossier, Ukraine, Volodymyr Zelensky, Walter Nixon

biden-impeach-trump

To avoid defections in their ranks, House Democrats had to pare back so much on the counts for impeaching Donald Trump that they laid bare the raw political motives for bringing the action. Not that their motives needed clarification. They’ve been dying to find grounds on which to impeach Trump since the day of his election. They also know the Senate will not remove Trump from office. Now, the real point is to stain the President as he seeks re-election, and that should strike anyone as an illegitimate purpose.

The two impeachment counts, abuse of power and obstruction of Congress, are flimsy. Proof of the first would require infallible mind-reading skills. It’s doubtful that the Democrats are any better at that than their inability to follow the simple facts of the case. During the controversial phone call with Ukrainian President Zelensky, Trump clearly expressed interest in whether the Ukraine would investigate possible interference in the 2016 U.S. presidential election, and whether the Bidens had been involved, given their involvement with Ukrainian organizations that may have had connections to the Steele dossier. That’s a fair question and a legitimate area of inquiry for the chief executive. It can’t be helped that Joe Biden happens to be running for the Democrat presidential nomination in 2020, as if running for office was enough to absolve one of crime.

The second impeachment count against Trump relies on vacating the constitutional privileges accorded to the chief executive, privileges to which President Obama, and others before him, generously availed themselves (also see here).

House Speaker Nancy Pelosi now has opted to delay transmitting the impeachment articles to the Senate. She said it was important for the House to wrap up their proceedings quickly, so much so that her party could not be bothered to bring a court challenge against Trump’s assertion of executive privilege. But now, Pelosi insists that she must be assured the Senate trial will be conducted “fairly”, as if the proceedings in the House were remotely fair to the President.

One of the House Democrats’ own expert witnesses asserts that the President’s impeachment is not official until the articles are transmitted to the Senate. That might be, but he overlooks the Supreme Court’s 1993 ruling in Nixon vs. the United States in which the Court said that no trial is required for the Senate to acquit anyone impeached by the House, and it may do so without judicial review. So, the Senate can acquit the President now, without a trial and without waiting for Speaker Pelosi to transmit the “charges”, should Senate Majority Leader Mitch McConnell decide to bring it to a vote. Of course, he might not want to as a matter of optics as well as pressure from an incensed Trump to air all of the laundry.

Like the misguided impeachment itself, Pelosi’s motive for holding the transmittal in abeyance is political. Democrats, quite possibly unaware of the Senate’s power under Nixon, and facing their comeuppance, might hope the public forgets the charade that took place in the House and blame Republicans for an “unfair” Senate process that would let Trump off the hook. Or, Pelosi might be hoping for a weakening of Republican resolve on establishing rules for a trial in the Senate, but even that calculation is chancy. It’s even possible Pelosi imagines she can delay the transfer through the 2020 election, hoping to use the House impeachment again and again as a cudgel with which to batter Trump’s re-election chances. Fat chance!

Or is the delay a form of damage control? Does it have something to do with Joe Biden’s vulnerability? He is perhaps at greater risk under a Senate impeachment trial of Trump than Trump himself. Biden is the one who gloated publicly of how he cowed the Ukrainians into dropping an investigation of Burisma, the gas company for which his son Hunter was a board member, by threatening to withhold loan guarantees. Quid Pro Joe!

Biden’s has stated that he would not comply with a subpoena to appear before the Senate in the matter of the Trump impeachment, apparently confusing Trump’s status as the executive with privilege with his own status as an out-of-office candidate for the Democrat nomination. Oh, wait! Now Biden says he would appear after all! Is the contrast between Trump’s phone conversation with the Ukrainian President and Biden’s gloating admission pertinent? You bet!

Or perhaps Pelosi believes it’s unwise to hand the impeachment counts over to the Senate with John Durham’s investigation still hanging in the balance. Durham is looking into the efforts of U.S. intelligence agencies to spy on the Trump campaign in 2016. An ill-timed and damaging outcome for the Obama Administration could make the impeachment trial into a catastrophic event for Biden and other Democrats.

The Democrats’ have brought their longstanding lust for impeaching Trump to fruition only to find that they’ve miscalculated. First, Trump is practically guaranteed an acquittal, so the whole effort was and is a waste of time. Second, public opinion is far from rallying to the Dems cause. According to Gallup, Trump’s approval now is higher than Obama’s at the same point in his presidency, and support for impeachment hasn’t responded as the Democrats had hoped. In fact, if anything, support has eroded, especially in swing states, and the effort has strengthened Trump’s base of support. I would argue that it’s much worse for Democrats than the polls show. Many anti-Democrats, like me, actively avoid participating in polls. That’s partly because the framing of questions is often biased, and partly because I don’t want to be bothered. Finally, the Democrats seem not to fathom the political risks they face with impeachment: 28 Democrat representatives from districts Trump won in 2016 may now face stiffer odds against reelection in 2020, having cast their votes for impeachment. More critically, there are severe risks of a Senate trial to the Bidens, potentially other Obama Administration officials, and the Clintons.

Note: An acknowledgement goes to the Legal Insurrection blog and A.F. Branco for the cartoon at the top.

Another Flop at the Impeachment Playhouse

04 Friday Oct 2019

Posted by pnoetx in Impeachment

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Adam Schiff, Australia, China, Cronyism, Donald Trump, FISA Abuse, House Intelligence Committee, Hunter Biden, Impeachment, Inspector General, Joe Biden, Michael Horowitz, Nancy Pelosi, Obama administration, Presidential Powers, Protectionism, Quid Pro Quo, Russia Investigation, Ukraine, Volodymyr Zelenskiy, Whistleblower

Listen, President Trump drives me crazy. His policy instincts often strike me as dangerous: trade protectionist, inflationist, and cronyist. I’m still suspicious that he might play ball with statists left and right on critical issues, when and if he perceives a political advantage in doing so. And Trump is hopelessly inarticulate and belligerent. Nevertheless, I will almost certainly vote for him in 2020 for several reasons, not least because the feasible alternatives are completely unacceptable. That view is reinforced by the behavior of the Democrat party in their effort to fabricate “high crimes and misdemeanors” on Trump’s part. That effort is not just dishonest, it is foolish, and they have a lot to lose. Their machinations are likely to blow up in their faces.

For one thing, the Democrats don’t seem to have much of a case. This time they are focused on a May 2019 phone conversation that took place between Trump and the recently-elected Ukrainian President Volodymyr Zelenskiy. The Democrats contend that Trump held up military aid in order to pressure Zelenskiy to investigate the Biden family’s activities in the Ukraine, a charge flatly denied by Zelenskiy. In fact, at the time of the call, the Ukrainians has no idea that military aid had been suspended, a fact first reported by The New York Times.

The Trump Administration released a transcript of the Zelenskiy call, which offers no evidence that a quid pro quo was offered by Trump. Even the text messages released this morning fail to support the claim. Joe Biden’s name came up during the call in connection with potential interference by the Ukraine in the 2016 U.S. presidential campaign. That’s reasonable in light of the events reported to have taken place, and it is certainly within the scope of presidential powers, as were Trump’s efforts to discuss election interference with Australia, the U.K., and other countries.

If you don’t know it already, a successful impeachment in the House of Representatives will not remove Trump from office. It will constitute a referral of charges to the Senate, which is controlled by Republicans, and a conviction requires a two-thirds majority. Ain’t gonna happen.

In the meantime, there really is no formal “impeachment” underway, despite what you think you’ve heard. This is a “proceeding” that House Speaker Nancy Pelosi really had no authority to initiate, and there is no set of rules or procedures guiding the spectacle. An impeachment investigation requires a House vote, but Democrats voted to table a resolution calling for such a vote because they really don’t want one, not yet anyway. Why? Because it would force them to go on record before they’re quite sure they want to, but more importantly it would demand due process for the accused. A House vote for an impeachment investigation would give House Republicans subpoena powers, something Democrats don’t want to take a chance on.

Again, the whole effort by the Democrats will ultimately be futile, and the trial proceedings in the Senate might be very ugly for them as well. It is likely to shed light on several matters that offer unflattering context for the impeachment effort and might well lead to criminal charges against prominent Democrats and their operatives:

  • Did members of the Obama Administration, the DNC, and Hillary Clinton’s campaign work with the Ukrainian government to undermine the Trump’s candidacy, hatching the Russian collusion narrative in the process? Politico said so in 2017.
  • Did the Biden family trade on Joe Biden’s position to attract capital from large investors for a venture in the Ukraine?
  • What was exchanged in order for Joe Biden’s son Hunter to land a $50,000/month job with a Ukrainian gas company?
  • Did Joe Biden use the authority of his office to strong-arm the Ukrainians into dropping the prosecution of the company that employed his son? “Son of a B“, Joe said, I threatened to walk away and they dropped the investigation. Son of a Biden?
  • Members of Congress sent a letter to the Ukrainian government in May of 2018 that threatened reductions in aid without Ukrainian cooperation with the Mueller investigation into the Trump campaign.
  • A member of the Obama Administration is known to have approached the Ukrainian Embassy in Washington in 2016 to solicit the Ukraine’s participation in a scheme to interfere with the U.S. election.
  • The Intelligence Community Inspector General’s report stated that the “whistleblower” or operative had a political bias. Well, might that have been a motive in the case?
  • Who authorized the change in requirements for whistleblower referrals from first-hand information to second-hand information, or hearsay? And when? Despite denials from left-wing fact-checkers, the Intelligence Community Inspector General’s narrative here doesn’t quite hang together. They gave the operative the wrong form? It’s been claimed that the operative provided first-hand information after all, but where is it?
  • Did members of Congress know about the operative’s complaint before it was formally referred to Congress? Apparently Adam Schiff, Chairman of the House Intelligence Committee, knew before the complaint was drafted, and he lied about it. Was there collaboration with the operative?
  • What are Adam Schiff’s connections in the Ukraine? Let’s find out!

These are all troubling questions that should be investigated. We may or may not get to the bottom of it before the impeachment vote in the House, if it ever occurs. Senate Republicans will undoubtedly be interested in pursuing many of these areas of inquiry, and Joe Biden will not come out of this unscathed. There is likely considerable evidence to support claims that he used political influence to gain his son Hunter favor in the Ukraine and China. 

This month, DOJ Inspector General Michael Horowitz is expected to release his report on the origins and conduct of the Russia investigation into Trump’s 2016 presidential campaign. including potential corruption of the FISA process. His report will reflect the findings of two U.S. attorneys conducting separate inquiries into various aspects of the matter. These reports are a potential disaster for Democrats. Perhaps the distraction of impeachment theatre seems desirable to them, but the longer they continue the fruitless effort to “get Trump”, which began well before he was elected, the more incompetent they look. They don’t seem to have noticed that the whole spectacle is strengthening Trump’s base of support.

Which brings me back to Trump’s belligerence, which I briefly decried above. And it’s true, I often wince, but then I often laugh out loud as well. His political opponents and the media are constantly aghast at his every unapologetic response to their attacks. I will readily admit that it’s deeply satisfying to witness him hurling the crap right back at them, right on the schnoz. In the case of the impeachment drama, his base of support and many others in the middle know the Dems richly deserve it.

 

Beastly Hillary Benghazi Baggage

10 Sunday Jul 2016

Posted by pnoetx in Diplomacy, Terrorism

≈ 2 Comments

Tags

13 Hours, Amateur Video, Bengazi, Chris Stevens, Clinton Foundation, Diplomacy, Hillary Clinton, Leave No Man Behind, Muammar Ghadafi, Obama administration, Running Arms, Stand Down, Syrian Rebels, Whitewater Land Deal

HillaryDifference

The Clinton Can-o’-Worms is just as slimy and writhing as ever. We’ve heard about Hillary’s misadventures for decades: defending the rapist of a 12-year-old girl and later gloating (on tape) about the light sentence she’d helped arrange; dismissal from the staff of the House Judiciary Committee for lying during the Watergate case, and the shady Whitewater land deal. The most recent trio of scandals include 1) questionable decisions and misleading public statements in the Benghazi affair; 2) exposing national security to compromise via her private servers; and perhaps the biggest of the biggies: 3) suspicious relationships between the Clinton Foundation and foreign governments with whom she dealt as Secretary of State for four years. I’ll discuss Benghazi in this post, but I’ll return to Clinton’s grossly negligent email handling and the Clinton Foundation pay-to-play activity in the next few days.

The Benghazi attack in 2011 was at least in part a reaction to arms shipments that Libyan Ambassador Chris Stevens was attempting to arrange. This is believed to have involved weapons belonging to Libyan rebels, some of them jihadists, and to the deposed Libyan regime of Muammar Gaddafi. Apparently, Stevens mission was to work to get those arms into the hands of Syrian rebels, many of whom turned out to be jihadists as well, of course. Apparently there were Libyans who wanted to see those arms stay at home. Stevens and three other Americans lost their lives in the attack. It turns out that Stevens had asked repeatedly for additional security in Benghazi, but the requests ware denied by Clinton’s State Department. When the attack went down, requests for aid in the form of air support and even a tactical team were denied, despite the fact that “assets” were within reach. “Stand down” was the order of the day, in keeping with the Obama Administrations “no boots on the ground” policy.

It is now clear that the attack was planned, but Mrs. Clinton, who knew the facts, told the American public that the attack was precipitated by an amateur video critical of radical Islamists. Why the misleading statements? The Benghazi mission was politically sensitive, of course. In addition, an objective during the presidential election season was to play down terrorism, to propagate the myth that the terrorists were “on the run” under Obama. There is no doubt that Clinton lied to the American people in this case, but apparently her supporters think that’s unimportant in a leader.

A recent defense of Clinton and the administration has it that aid should never have been expected for the Americans in Benghazi during the 13 hours of the siege. After all, according to this reasoning, Ambassador Stevens and the other personnel knew it was a risky mission. Well, so much for “leave no man behind“, which has a long and honorable tradition in the military. Soldiers on patrol often accept great risk, yet no one would suggest their acceptance of risk as an excuse to refuse them aid when in dire need.

While it is true that the host country is presumed to be responsible for providing the first line of security for foreign diplomats, that was not realistic in Libya at the time. The guards and contractors attached to the mission in Benghazi were obviously inadequate to defend the staff under the circumstances. Military assets are in place to respond under just such a contingency. Given the nature of Stevens’ mission, which was apparently to transfer arms to parties intended to serve as sub rosa U.S. military proxies in Syria, the military should have been allowed to honor the “leave no man behind” imperative. Unfortunately, the administration’s political objectives, and the terrorists, won the day in Benghazi. Hillary Clinton was complicit in this.

Obama’s On-The-Clock Undertime Rule

23 Monday May 2016

Posted by pnoetx in Labor Markets, Regulation, Uncategorized

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AEIdeas, American Enterprise Institute, Andy Puzder, Business Formation, Compliance Costs, DOL Overtime Exemption, Flexible Work Arrangements, Hourly workers vs. Management, James Pethokoukis, John Cochrane, Nick Gillespie, Obama administration, Overtime Costs, Overtime rules, Private Compensation, Reason, Salaried Status, Warren Meyer

obama-unemployment-2

Hurting the ones you love: one of the Obama Administration’s calling cards is a penchant for misguided economic policy; the change in an overtime rule announced Wednesday by the Department of Labor (DOL) is a classic example. The DOL has amended the rule, which requires payments of time-and-a-half to workers who exceed 40 hours per week, by doubling the threshold at which salaried employees are exempt from overtime to $47,500 annually. This affects almost 5 million workers earning between the old threshold of $23,660 and the new threshold. While the media heralds Obama for “lifting the wages of millions of workers”, those with a grasp of economic reality know that it is a destructive policy.

The rule change is unambiguously bad for employers, many of which are small businesses. That should not be too difficult to understand. Most private employers operate in competitive markets and do not earn lavish profits at the expense of their employees. They need good employees, especially those in positions of responsibility, and they must pay them competitively. By imposing higher costs on these businesses, the rule puts them in a position of greater vulnerability in the marketplace. The higher costs also include extra record keeping to stay in compliance with the rule. The impact on new business formation is likely to be particularly damaging:

“We might be told that the answer for a startup is simply to ‘go and raise more money.’ But — aside from diluting the founders who are paying for the company with their sweat in exchange for the hope of a payoff that comes in years, if ever — raising capital is the single most difficult thing I do as a startup entrepreneur. I would invite anyone not in our field to give it a shot before he endorses a regulation that will impose greater capital costs on us.

Regulators often act as though they cannot imagine a world where a few hundred or a few thousand dollars can make the difference between success and failure. If you raise our costs even modestly, you will put some of us out of business.“

Shutting down, or not starting up, is a bad outcome, but that will be a consequence in some cases. However, there are other margins along which employers might respond. First, a lucky few well-placed managers might be rewarded with a small salary bump to lift them above the new exemption threshold. More likely, employers will reduce the base salaries of employees to accommodate the added overtime costs, leaving total compensation roughly unchanged.

Many other salaried employees with pay falling between the old and new thresholds are likely to lose their salaried status. Their new hourly wage might be discounted to allow them to work the hours to which they’re accustomed, as demotivating as that sounds. If their employers limit their hours, it is possible that a few extra workers could be hired to fill the gap. Perhaps that is what the administration hopes when it claims that an objective of the new rule is to create jobs. Unfortunately, those few lucky hires will owe their jobs to the forced sacrifice of hours by existing employees.

A change from a salary to hourly pay will have other repercussions for employees. Their relationships to their employers will be fundamentally transformed. Ambitious “hourly” managers might not have the opportunity to work extra hours in order to demonstrate their commitment to the business and a job well done. When the rule change was first proposed last June, I paraphrased a businessman who is one of my favorite bloggers, Warren Meyer (also see Meyer’s follow-ups here and here):

“As [Meyer] tells it, the change will convert ambitious young managers into clock-punchers. In case that sounds too much like a negative personality change, a more sympathetic view is that many workers do not mind putting in extra hours, even as it reduces their effective wage. They have their reasons, ranging from the non-pecuniary, such as simple work ethic, enjoyment and pride in their contribution to reward-driven competitiveness and ambition.“

As hourly employees, these workers might have to kiss goodbye to bonus payments, certain benefits, and flexible work arrangements, not to mention prestige. The following quotes are from a gated Wall Street Journal article but are quoted by James Pethokoukis in his piece at the AEIdeas blog of the American Enterprise Institute:

“Jason Parker, co-founder of K-9 Resorts, a franchiser of luxury dog hotels based in Fanwood, N.J., said the chain will reduce starting pay for newly hired assistant managers to about $35,000 from the $40,000 it pays now. That will absorb the overtime pay he expects he would have to give them, he said. …

Terry Shea, co-owner of two Wrapsody gift shops in Alabama, would prefer to keep her store managers exempt from the overtime-pay requirement as they are now. But raising their salaries above the new threshold to ensure that would be too big of a jump for those jobs in her region, she said. Instead, she’ll convert the managers to hourly employees and try to limit their weekly hours to as close to 40 as possible. She’ll also have to stop giving them a comp day when their weekly hours exceed 46, a benefit she said they like as working moms.

‘I will be demoted,’ said one of her store managers Bridget Veazey, who views the hourly classification as a step backward. ‘Being salaried means I have the flexibility to work the way I want,’ including staying an extra 30 minutes to perfect a window display or taking work home, she said. She is particularly concerned Ms. Shea might stop taking the managers on out-of-town trips to buy goods from retail markets, an experience she said would help her résumé but includes long days.“

Here is some other reading on the rule change: Nick Gillespie in Reason  agrees that it’s a bad idea. Andy Puzder in Forbes weighs in on the negative consequences for workers.  John Cochrane explores the simple economic implications of mandated wage increases, of which the overtime rule is an example. As he shows, only when the demand for labor hours is perfectly insensitive to wages can a mandated wage avoid reducing labor input.

This is another classic example of progressive good intentions gone awry. Government is singularly incapable of managing the private economy to good effect via rules and regulations. Private businesses hire employees to meet their needs in serving customers. The private compensation arrangements they make are mutually beneficial to businesses and their employees and are able to accommodate a variety of unique employee life-circumstances. Good employees are rewarded with additional compensation and more responsibility. By and large, salaried workers like being salaried! Hard work pays off, but the Obama Administration seems to view that simple, market truism as a defect. Please, don’t try to help too much!

Obamanomics and Opportunity Knocked Off

10 Wednesday Jun 2015

Posted by pnoetx in Regulation

≈ 1 Comment

Tags

Coyote Blog, Department of Labor, Effective wage, Exempt employees, Non-exempt employees, Obama administration, Overtime rules, Politico, the administrative state, Warren Meyer

find-govt-worker

Another Obama fallacy and a new, binding constraint on voluntary private arrangements: in the latest example of administrative rule-making gone berserk, the Obama Administration (via The Department of Labor) is proposing a drastic change in the definition of an exempt employee, increasing the salary threshold for the exemption from $23,660 to as much as $52,000. This is likely to change the status of a large number of workers, but as Warren Meyer explains, not in the way the administration hopes.

Obama and his advisors imagine that this change will actually increase the incomes of a large number of workers — that employers will begin paying overtime to hard-working supervisory and administrative employees. Meyer quotes Politico‘s headline: “Barack Obama poised to hike wages for millions.” But employers are not indifferent to the cost of a given labor input.

As Meyer asserts, currently exempt employees who now earn a salary between the current and the new thresholds may well be converted to hourly, non-exempt employees. And those now working extra hours are likely to be working fewer hours under the new rules. In fact, they may well see their hours and incomes reduced. Some employers will be able to automate certain tasks to compensate for the reduction in labor input, as Meyer suggests. Or perhaps more part-time workers will be hired.

There is another issue at stake, however, in addition to the mere calculation of workers X hours X the wage rate. Meyer expresses disgust at the way the new threshold could change relationships between employers and certain employees. As he tells it, the change will convert ambitious young managers into clock-punchers. In case that sounds too much like a negative personality change, a more sympathetic view is that many workers do not mind putting in extra hours, even as it reduces their effective wage. They have their reasons, ranging from the non-pecuniary, such as simple work ethic, enjoyment and pride in their contribution to reward-driven competitiveness and ambition. Hours worked gives exempt employees an additional margin along which to prove their value to the enterprise. Obama’s proposal takes that away, which may penalize employees with less talent but strong ambition. Opportunity’s knock is getting softer.

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How economics, morality, and markets combine

ARLIN REPORT...................walking this path together

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