State Legislatures: The Real Champions for Workers?

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 25^th 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 113^th 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.