For decades, US states
have advanced more pro-worker legislation
than the federal government.
It’s time to pay attention.
Source: The All-Nite Images
https://commons.wikimedia.org/wiki/File:Fight_for_$15_on_4-15_(16954296607).jpg
Labor and employment laws are very popular with the American
public. 2017
Pew polling shows that 85 percent of adults support paid sick leave in the
US, 82 percent support paid maternity leave, and 69 percent support paid
paternity leave. An increase in the
minimum wage has been
passed via ballot initiative 28 times in states in the last 15 years.
Despite their popularity, the Federal Government has been relatively
inactive in passing labor and employment legislation in recent decades. Arguably, the last major piece of legislation
was the Family and Medical Leave Act of 1993, which already celebrated its 25th
anniversary in 2018. More recently, targeted
changes include the right to pump under the Affordable Care Act of 2010 and the
Lilly Ledbetter Act of 2009, which expanded equal pay provisions. The last piece of legislation to increase the
federal minimum wage was passed in 2007.
There is a stark difference in the legislative activity of the
federal government and state governments, both overall and especially in labor
and employment laws. In terms of the quantity,
the total number of laws passed in states highlights the overall trend towards
productivity in state legislatures. For
example, according to one
estimate, in the 113th Congress that ran from 2013-2014, the
federal government passed 352 bills and resolutions. In contrast, states and Washington, DC passed
45,504 bills and resolutions; 38 state legislatures and the Washington, DC city council individually passed more bills
and resolutions than Congress. The total
number of labor and employment laws mirrors this trend. In 1980, state governments passed 81 labor and
employment laws; this number increased to 204 in 2014. As of late 2018, 28 states and Washington, DC
have a minimum wage above the federal level, with Washington State leading at
$11.50 per hour. In contrast, Congress
passed two labor and employment bills in 2014, while the minimum wage last
increased in 2009.
The activity at the state level inspired us at Oxfam to complete the Best
States to Work Index, which has generated interest from legislators and advocates
from around the country (see #beststatestowork and this
link for interactive maps).
One might think that this movement is happening only in
states with a democratic trifecta (control of both the executive and the
legislature), meaning that there is little that advocates can accomplish unless
the political winds change. And even if
they do, according to this reasoning, nothing can be done in states that do not
flip. However, this is not the
case. South Carolina recently passed
pregnancy protections. Massachusetts
passed a $15 minimum wage with a Republican Governor. And there are a number of states that have
used ballot initiatives to support labor policies, such as minimum wages and
more recently, striking down a ‘right-to-work’ law in Missouri.
Unfortunately, there is much more focus from citizens and
the media on the federal government than on state governments, or local
governments for that matter. My personal
impression is that the same goes for labor and employment law advocates,
academics and think tanks, though they often have strong state programs. The
shine of Washington, DC, with its political drama and vast policy
infrastructure, grabs too much of our public attention.
The imbalance in focus is dangerous, and misses the vast
opportunities at the state level. Instead,
it is time for the media, the public, advocates, think tanks, and legislators
to build on these remarkable trends in state policy-making, and get critical
pro-worker laws passed.
