#whole of government

[mostlysignssomeportents]

Worker misclassification is a competition issue

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/02/02/upward-redistribution/#bedoya

The brains behind Trump's stolen Supreme Court have detailed plans: they didn't just scheme to pack the court with judges who weren't qualified for – or entitled to – a SCOTUS life-tenure, they also set up a series of cases for that radical court to hear.

Obviously, Dobbs was the big one, but it's only part of a whole procession of trumped-up cases designed to give the court a chance to overturn decades of settled law and create zones of impunity for America's oligarchs and the monopolies that provide them with wealth and power.

One of these cases is Jarkesy, a case designed to allow SCOTUS to euthanize every agency in the US government, stripping them of their powers to fight corporate crime:

https://www.americanprogress.org/article/sec-v-jarkesy-the-threat-to-congressional-and-agency-authority/

The argument goes, "Congress had the power to spell out every possible problem an agency might deal with and to create a list of everything they were allowed to do about these problems. If they didn't, then the agency isn't allowed to act."

This is an Objectively Very Stupid argument, and it takes a heroic act of motivated reasoning to buy it. The whole point of expert agencies is that they're experts and that they might discover new problems in American life, and come up with productive ways of fixing them. If the only way for an agency to address a problem is to wait for Congress to notice it and pass a law about it, then we don't even need agencies – Congress can just be the regulator, as well as the lawmaker.

If there was any doubt that Congress created the agencies as flexible and adaptive hedges against new threats and problems, then the legislative history of the FTC Act should dispel it.

Congress created the FTC through the FTCA because the courts kept misinterpreting its existing antitrust laws, like the Sherman Act. Companies would engage in the most obvious acts of naked, catastrophic fuckery, and judges would say, "Welp, because Congress didn't specifically ban this conduct, I guess it's OK."

So Congress created the FTC with an Act that included a broad authority to investigate and punish "unfair methods of competition." They didn't spell these out – instead, they explicitly said (in Section 5) that it was the FTC's job to determine whether something was unfair, and to act on it:

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

The job of the FTC is to investigate unfair conduct before it becomes such a problem that Congress takes action, and to head that conduct off so that it never rises to the level of needing Congressional intervention.

Now, it's true that since the Reagan years, the FTC has grown progressively less interested in using this power, but that's broadly true of all of America's corporate watchdogs. But as the public all over the world has grown ever more furious about corporate abuses and oligarchic wealth, governments everywhere have rediscovered their role as a public protector.

In America, the Biden administration altered the course of history with the appointment of new enforcers in the key anti-monopoly agencies: the FTC and the DOJ's antitrust division. But more importantly, the Biden admin created a detailed, technical plan to use every agency's powers to fight monopoly, in a "whole of government" approach:

https://www.eff.org/deeplinks/2021/08/party-its-1979-og-antitrust-back-baby

Now, this can give rise to seeming redundancies. Take labor issues. The NLRB is a (potentially) powerful regulator that had been in a coma for decades, but has awoken and taken up labor rights with a fervor and cunning that is a delight to behold:

https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth

At the same time, the FTC has also taken up labor rights, using its much broader powers to do things like ban noncompetes nationwide, unshackling workers from bosses who claim the right to veto who else they can work for:

https://pluralistic.net/2022/02/02/its-the-economy-stupid/#neofeudal

But the NLRB doesn't make the FTC redundant, or vice-versa. The NLRB's role is principally reactive, punishing wrongdoing after it occurs. But the FTC has the power to intervene in incipient harms, labor abuses that have not yet risen to the level of NLRB enforcement or new acts of Congress.

This case is made beautifully in Alvaro Bedoya's speech "'Overawed': Worker Misclassification as a Potential Unfair Method of Competition," delivered to the Law Leaders Global Summit in Miami today:

https://www.ftc.gov/system/files/ftc_gov/pdf/Overawed-Speech-02-02-2024.pdf

Bedoya describes why the FTC has turned its attention to the problem of "worker misclassification," in which employees are falsely claimed to be contractors, and thus deprived of the rights that workers are entitled to. Worker misclassification is rampant, and it transfers billions from workers to employers every year. As Bedoya says, 10-30% of employers engage in worker misclassification, allowing them to dodge payment for overtime, Social Security, workers' comp, unemployment insurance, healthcare, retirement and even a minimum wage. Each misclassified worker is between $6k-18k poorer thanks to this scam – a typical misclassified worker sees a one third decline in their earning power. And, of course, each misclassified worker's boss is $6k-$18k richer because of this scam.

It's not just wages, it's workplace safety. One of the most dangerous jobs in the country is construction worker, and worker misclassification is rampant in the sector. That means that construction workers are three times more likely than other workers to lack health insurance.

What's more, misclassified workers can't form unions, because their bosses' fiction treats them as independent contractors, not employees, which means that misclassified construction workers can't join trade unions and demand health-care, or safer workplaces.

Contrast this with, say, cops, who have powerful "unions" that afford them gold-plated health care and lavish compensation, even for imaginary ailments like "contact overdoses" from touching fentanyl – a medical impossibility that still entitles our nation's armed bureaucrats to handsome public compensation:

https://pluralistic.net/2022/01/27/extraordinary-popular-delusions/#onshore-havana-syndrome

Cops have far safer jobs than construction workers, but cops don't get misclassified, so they are able to collect benefits that no other worker – public or private – can hope for.

Not every employer wants to cheat and maim their employees, of course. In Bedoya's speech, he references Sandie Domando, an executive VP at a construction company in Palm Beach Gardens. Domando's company keeps its employees on its books, giving them health-care and other benefits. But when she started bidding against rival firms for jobs funded by the covid stimulus, she couldn't compete – two thirds of those jobs went to other firms that were able to put in cheaper bids. Those bids were cheaper because they were defrauding their workers by misclassifying them. Thus, publicly funded projects were overwhelmingly handed over to fraudulent companies. Fraud becomes a fitness-factor for winning jobs. It's a market for lemons – among employers.

Employee misclassification is a pure transfer from workers to bosses. Bedoya recounts the story of Samuel Talavera, Jr, a short-haul trucker who worked for decades in the Port of Los Angeles. For decades, his job paid well: enough to support his family and even take his kids to Disneyland now and again.

But in 2010, his employer reclassified him as a contractor. They ordered him to buy a new truck – which they financed on a lease-purchase basis – and put him to work for 16 hours stretches in shifts lasting as much as 20 hours per day. Talavera couldn't pick his own hours or pick his routes, but he was still treated as an independent contractor for payroll and labor protection purposes.

This lead to an terrible decline in Talavera's working conditions. He gave up going home between shifts, sleeping in his cab instead. His pay dropped through the floor, thanks to junk-fees that relied on the fiction that he was a contractor. For example, his boss started to charge him rent on the space his truck took up while he was standing by for a job at the port. Other truckers at the port saw paycheck deductions for the toilet-paper in the bathrooms!

Talavera's take-home pay dropped so low that he was bringing home a weekly wage of $112 or $33 (one week, his pay amounted to $0.67). His wife had to work three jobs, and they still had to declare bankruptcy to avoid losing their home. When Talavera's truck needed repairs he couldn't afford, his boss fired him and took back the truck, and Talavera was out the $78,000 he'd paid into it on the lease-purchase plan.

This story – and the many, many others like it from the Port of LA – paint a clear picture of the transfer of wealth from workers to their bosses that comes with worker misclassification. The work that Talavera did in the Port of LA didn't get less valuable when he was misclassified – but the share of that value that Talavera received dropped to as little as $0.67/week.

Worker misclassification is rampant across many sectors, but its handmaiden is technology. The fiction of independence is much easier to maintain when the fine-grained employer-employee control is mediated by an app (think of Uber):

https://pluralistic.net/2023/04/12/algorithmic-wage-discrimination/#fishers-of-men

That's why those scare-stories that AI trucks were going to make truckers obsolete and create an employment crisis were such toxic nonsense. Not only are we unlikely to see self-driving trucks, but the same investors that back AI technology are making bank on companies that practice worker misclassification through the "it's not a crime if we do it with an app" gambit:

https://pluralistic.net/2024/01/11/robots-stole-my-jerb/#computer-says-no

By focusing our attention on a hypothetical employment crisis that will supposedly be caused by future AI developments, tech investors can distract us from the real employment crisis that's created by app-enabled worker misclassification, which is also the source of much of the capital they're plowing into AI.

That's why the FTC's work on misclassification is so urgent. Misclassification is a scam that hurts workers and creates oligarchic power – and it's also a mass-extinction event for good companies that don't cheat their workers, because those honest companies can't compete.

Worker misclassification is having a long-overdue and much needed moment. The revolutionary overthrow of the rotten old leadership at the Teamsters was caused, in part, by a radical wing that promised to focus the Teamsters' firepower on fighting worker misclassification:

https://pluralistic.net/2021/11/19/hoffa-jr-defeated/#teamsters-for-a-democratic-union

This has become a focus of labor organizers all around the world, as worker misclassification-via-smartphone has infected labor markets everywhere:

https://pluralistic.net/2021/09/22/kropotkin-graeber/#an-injury-to-one

Bedoya's speech is a banger, and it reminds us that labor rights and anti-monopoly have always been part of the same project: to rein in corporate power and protect workers from the insatiable greed of the capital class:

https://pluralistic.net/2023/04/14/aiming-at-dollars/#not-men

[useless-englandfacts]

so when israel bombs innocent palestinians it’s all “ummm ahhh i don’t knowwwww it’s complicated!!!”, but when the yemeni forces are the only group to take action against israel by posing an economic threat to the rest of us it’s immediately air strikes on yemen. okay.

[nando161mando]

"The whole world supports Palestine" (EN: English)

[puppetmaster13u]

Prompt in Memes 5

Once more, have a prompt entirely in memes because I'm too lazy to properly write one right now lol.

[charlietheepicwriter7]

"Grandfather."

Ra's knew who the boy was the moment he'd snuck into the room. He'd allowed the child--more man than child now, but everyone was a child compared to him--moments to steel himself while Ra's refrained from acknowledging his presence. The boy's breath was barely audible but unsteady, and a drop of something fell to the floor.

His grandson was injured. "Danyal," he greeted and finally gazed upon him for the first time in seven years.

Danyal had grown into his father's height, yet stayed lean in regards to his musculature. His black hair had grown out of the League-regulation haircut, held back in a messy braid. He held himself as strong as he could, but kept an arm wrapped around his stomach. His shirt--standard American teenage garb, he dismissed--was spotted with blood and he could see bandages poking out from under the cloth.

With great care, Danyal knelt before the Demon Head and recited the Oath of Loyalty.

Ra's watched.

The boy's tongue, fat with English, spoke the League's variant of Arabic with the grace of a mace to the head, yet his words were clear. He took his time speaking the oath, carefully sounding out words, working hard to avoid mispronunciation. The Oath in question was the older version, from before Deathstroke's insurrection, but Danyal spoke it with a calm certainty that it would be accepted.

And without a doubt, it would be accepted.

Talia's eldest son had been born from her body instead of through science, a mistake that nearly cost her the child and damaged him upon birth. While the best doctors in the world saved his life, Danyal Al Ghul would always be weak in a fight, always prone to illness, always struggling to excel. When it became clear that the boy couldn't become the next Demon Head, Ra's sent Talia to create a replacement while arrangements were made for her first child to be taught business and science, for the betterment of the League. Danyal, very much his father's child, thrived in his intellectual pursuits while Damian grew and developed into a budding assassin.

But Danyal was more like his father than he'd ever knew. Ra's couldn't miss the signs of one of his family turning away from the League. Not the mission--Danyal had written several university level papers defending the environment by the time the boy was 10--but Ra's methods...

Ra's had a conundrum. Danyal was a dedicated conservationist; once the boy was an adult, Ra's was certain he'd take the world by storm and bring the League to new heights. But if he forced his methods onto Danyal, he could create an enemy of him, just as his father was.

Ra's gave Danyal an offer; Danyal would be allowed to leave the League and live a normal life if and only if he faked his own death in such a way that reinforced Damian's loyalty to the League of Assassins.

Danyal had been hesitant at first, but past his test with flying colors. Instigating one of the more unstable assassins into organizing a coup, cutting the insurgents off near immediately, but "dying" protecting both his younger brother and mother. It was a masterful performance. Even Talia hadn't known about the deceit.

And yet, here he was, on his knees, pledging loyalty. Danyal knew what that meant, knew what he was returning to, which morals he would be allowed to keep.

"And what do you bring with you, child of no one?" Why should the League accept the return of this child, who left once before?

Danyal met his eyes. "I bring with me, my team, who are loyal to me and me alone. I bring with me, research surrounding the Lazarus Pits, in origins and further uses for the waters." Ra's raised an eyebrow, and Danyal smirked. "I bring with me, my knowledge, nurtured within this very home and sharpened in the world outside. I bring with me, my weapons, built with my own hands. I bring with me... my body, finally healthy and whole." He brought his head down to the floor, trembling with pain. "I bring my whole self to the Demon's Head, for Him to accept or reject."

Ra's smiled. "By the shadows that guard our order and the blood that binds us, I accept this oath. From this day forward, you are an instrument of the League, a harbinger of justice, and a weapon in the hand of Ra's Al Ghul."

Danyal returned to his feet, swaying percariously. He needed immediate medical attention. Despite this, he continued, "Long live the League of Assassins. Long live Ra's Al Ghul."

And he collapsed onto the floor.

[bacchuschucklefuck]

sometimes I think abt how the months coming up to and the prom night in freshman year must feel to class swap sklonda. your perfect kid who has literally never gotten a single reprimand for anything does what can only be described as a quad crit crime combo and becomes a nerd punisher by the end of the night

[tabooiart]

Don’t be so formal! We’re all paly-wals here. I mean, look at us. We even hold court in your own tongue and form!

[verytiredbeaver]

When you tell the children of the future about the election in 2024, always have this image in your mind lol

[bizarrelittlemew]

calling it right now that season 3 starts like this

[navree]

genuinely would love for some of the "both parties are the same" people to name me a single election in the entirety of the twenty first century where the outcome for the country wouldn't have been better if a democrat had won

[valtsv]

VAL if she was even more based

[hotdogshipping-miwa-enthusiast]

Now i am against hostile governments and human experimentation

But gotta love a guy who response to his gun being taken by an alien mid unethical government endorsed mass murder is “dang it superman” and “awww :(“

[horsegirlhob]

Spike absolutely haunts Riley I fucking know it

[cata613]

I’m sorry, WHAT does this ad have to do with ISRAEL? Did I miss something? Or do you have nothing to do with your pathetic little lives and derive pleasure only from being antisemites?

God, every day it gets SO MUCH HARDER to maintain hope and faith in humanity.

[vaguely-concerned]

sometimes I like to imagine julian bringing tennis to post-war cardassia and it ending up a popular passtime there. and this idea fills me with a great sense of peace and happiness.

[bear-cubs-art-things]

"I disapprove of what you say, but I will defend to the death your right to say it"

-Evelyn Beatrice Hall, The Friends of Voltaire

The first amendment allows us to say what we want, whenever we want, without our government punishing us for our words. KOSA, therefore, is violating our first amendment rights. It's mass censorship of the internet, and our right to freedom of speech is being suppressed BY THE GOVERNMENT. Our founding fathers created this as THE FIRST AMENDMENT, and clearly thought this was important. Oh, wouldn't they be disappointed to see what their descendants are doing now. KOSA, a mass censorship bill that will contradict our constitution as we know it. KOSA, which instead of protecting the kids is in fact putting them in harms way. KOSA, which will put so so many people in danger. And we can stop it, but we have to fight. We MUST fight

To hear one voice clearly, we must have the freedom to hear them all