June 28 roundup

  • Unlike some other states, Massachusetts has not passed a law making it unlawful to encourage suicide; confidante nonetheless convicted of involuntary manslaughter over texts encouraging fellow teenager to do that [New York Times, NPR]
  • New Emoluments Clause lawsuits against President Trump vary from previous pattern, still face uphill battle [Victor Li, ABA Journal; earlier]
  • “Putting occupational licensing on the Maryland reform agenda” [my new Free State Notes]
  • “Interpreting State Constitutions,” judges’ panel discussion with Judith French, Jeffrey Sutton, Steve Yarbrough, Matt Kemp [Ohio Federalist Society chapters]
  • SCOTUS closes a door, and rightly so, in the long-running Chevron-Ecuador-Donziger saga [Michael Krauss]
  • Green Bay fan sues Chicago Bears over “no opposing team gear at pregame warmups” rule [WDEZ, Howard Wasserman/Prawfs]

NBER: Seattle minimum wage hike hurt low-wage workers

A working paper for the National Bureau of Economic Research by a University of Washington team — the same team hired by Seattle to evaluate its minimum-wage experiment — just found serious ill effects:

This paper evaluates the wage, employment, and hours effects of the first and second phase-in of the Seattle Minimum Wage Ordinance, which raised the minimum wage from $9.47 to $11 per hour in 2015 and to $13 per hour in 2016. Using a variety of methods to analyze employment in all sectors paying below a specified real hourly rate, we conclude that the second wage increase to $13 reduced hours worked in low-wage jobs by around 9 percent, while hourly wages in such jobs increased by around 3 percent. Consequently, total payroll fell for such jobs, implying that the minimum wage ordinance lowered low-wage employees’ earnings by an average of $125 per month in 2016. Evidence attributes more modest effects to the first wage increase. We estimate an effect of zero when analyzing employment in the restaurant industry at all wage levels, comparable to many prior studies.

A Jonathan Meer post reprinted by Alex Tabarrok spells out just how bad that news is:

– The numbers of hours worked by low-wage workers fell by *3.5 million hours per quarter*. This was reflected both in thousands of job losses and reductions in hours worked by those who retained their jobs.

– The losses were so dramatic that this increase ‘reduced income paid to low-wage employees of single-location Seattle businesses by roughly $120 million on an annual basis.’ On average, low-wage workers *lost* $125 per month….

I know that so many people just desperately want to believe that the minimum wage is a free lunch. It’s not. These job losses will only get worse as the minimum wage climbs higher, and this team is working on linking to demographic data to examine who the losers from this policy are. I fully expect that these losses are borne most heavily by low-income and minority households.

But there’s more. When Seattle’s City Hall got word the adverse study was coming from members of its own research team, it quickly commissioned a pro-labor group at Berkeley to do a counter-study looking at restaurants and concluding that everything was peachy keen [Seattle Weekly] “Does City Hall really want to know the consequences, or does it want to put blinders on and pat itself on the back?” [Seattle Times editorial]

One other takeaway from the NBER: the low-wage-earner losses weren’t in restaurant jobs, which are far less mobile. Few Seattle city residents will switch to suburban eateries for everyday dining, even in response to relative shifts in cost or quality. But many blue-collar and clerical jobs can migrate to suburbs or locations farther away than that. In short, beware of restaurant-sector-only studies of local minimum wage effects, which will typically understate damage to hours worked.

More: Ben Casselman and Kathryn Casteel, Five Thirty-Eight; Max Ehrenfreund/Washington Post; Michael Saltsman/Forbes (“New Report Marks The Beginning Of The End For ‘Fight For $15′”); Ryan Bourne, Cato.

Zillow cease-and-desist closes McMansion Hell blog

23-year-old Kate Wagner has at least temporarily shuttered McMansion Hell, a popular blog on which she posted photos of modern houses overlaid with sarcastic comments about their perceived design shortcomings. Real estate aggregator Zillow sent Wagner a cease and desist order because she used photos taken from its site. (Zillow itself borrows photos from other providers under license.) Jim Dalrymple, BuzzFeed:

Ken White, an attorney who writes for the legal blog Popehat, agreed that McMansion Hell would qualify as fair use. Because Zillow and McMansion Hell aren’t competing businesses, he said, “all of the fair use factors are in the bloggers’ favor.”

Zillow appears to have been trying to “make a satirical blogger shut up rather than face the costs of vexatious litigation,” White told BuzzFeed News.

Supreme Court will hear cakeshop case

By agreeing to hear the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court has set up a potentially major decision on “whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely held religious beliefs about marriage violates the free speech or free exercise clauses of the First Amendment. My link-rich Cato post also goes on to discuss the sleeper case of Pavan v. Smith, which offers a glimpse of how a post-Scalia conservative wing may address issues following in the wake of Obergefell.

P.S. More from Erica Goldberg on the hubbub over Gorsuch’s dissent in Pavan.

Labor and employment roundup

  • Rhode Island bill would lock in existing public employee union benefits until new contract reached. Why bargain in good faith? [Providence Journal editorial]
  • NYC Mayor De Blasio signs “Fair Work Week” package imposing on fast-food and retail employers various constraints typical of unionized workplaces; meanwhile, court strikes down 2015 NYC law imposing punitive terms on nonunion but not union car washes [Seth Barron, City Journal; Ford Harrison on new legal package]
  • How reliable a guide is Paul Krugman on the minimum wage? [Scott Sumner and commenters] “Thing is, there has been an awful lot more empirical research on the effects of minimum wage increases than this one paper by Card and Krueger.” [Thomas Firey, Cato] “New Paper Shows Workers Commute Away From Minimum Wage Rises” [Ryan Bourne, Cato]
  • House hearing: “Illinois worker recounts ordeal to decertify union” [Sean Higgins, Washington Examiner]
  • New Mexico: “‘Ban the box’ issue not so clear cut” [Joel Jacobsen, Albuquerque Journal]
  • In which Jonathan Rauch and I for once disagree, but still a good survey of ideas for reinventing unionism (works councils, Andy Stern/Eli Lehrer, Ghent, etc.) [The Atlantic]

U.K.: 2013 nastygram to Grenfell Action Group

“Grenfell Tower tenants repeatedly complained about safety concerns; their landlord hired a lawyer who threatened to sue them for libel.” [Bruce E.H. Johnson on Twitter] A fast-spreading fire at the North Kensington high-rise public housing tower resulted in more than 70 fatalities earlier this month.

Mello et al.: does state-level malpractice exposure correlate with health care quality?

Michelle Mello and colleagues examined reports in a federal health database to determine whether there were observable relationships between the intensity of litigation environments on a state level and measures of hospital outcomes. “No consistent association between malpractice environment and hospital process-of-care measures was found. … Overall, little evidence was found that greater malpractice risk improves adherence to recommended clinical standards of care, but some evidence was found that malpractice risk may encourage defensive medicine.” [Tim Allen, M.D. J.D.]