Citywide Minimum-Wage Rules:Living Wages or Killing Jobs?
September 26, 2006
WSJ ECONOMIST DISCUSSION

On Sept. 11, Chicago Mayor Richard M. Daley used the first veto of his
17-year tenure to reject an ordinance aimed at forcing big retailers
to pay wages of $10 an hour and health benefits equivalent to $3 an
hour by 2010. The veto is important to Wal-Mart Stores Inc., which
plans to open its first store in Chicago late this month in the
economically depressed 37th ward.

Some cities such as Santa Fe, San Francisco and Washington, D.C., have
such "living wage" laws, which opponents argue keep some retailers out
of town and boost unemployment among low-wage workers. Supporters
counter that such measures can help ensure adequate wages for workers.

The Online Journal asked economists Richard Epstein, a professor and
director of the University of Chicago's Law and Economics program and
Michael Reich, director of the Institute of Industrial Relations and
an economics professor at the University of California at Berkeley, to
discuss their different views on local minimum wage rules.
* * *
Richard Epstein writes: Mayor Richard M. Daley is not known as an arch
defender of laissez-faire economics, but not withstanding that
regrettable deficiency, he did the right and courageous thing in
vetoing Chicago's living-wage ordinance.

In doing so he understood what too many Chicago aldermen fail to
grasp, which is that people, including sophisticated corporate
executives, respond to incentives. Oddly enough that simple truth
seemed to escape many of the aldermanic defenders of the initiative,
who held fast to the sunny illusion that Chicago is such an attractive
market for Wal-Marts, Target, and other big-box stores that they are
sure to come here no matter what wage structure the city council
imposed. Before making that rash statement, they should have asked
this question first: Why is it that Wal-Marts hadn't already started
in Chicago, if its market offers such irresistible lures?

The answer is that big businesses, like everyone else, will go where
their costs are low, and where they are treated as a good neighbor and
not as a potential felon. Ironically though, the damage may be done
even though the mayor's veto was not overridden by the city council.
Daley will not be mayor forever, and even though this piece of
legislation bit the dust, the next one might not. So why invest in
immovable assets if the city council could pass another version of the
living-wage ordinance once the stores are up and open for business?
* * *
Michael Reich writes: Three quick points:

First, most large retailers in the U.S. already have saturated the
consumer market in suburban areas, in part because in many states each
suburb competes with other suburbs for sales tax revenue and so they
provide subsidies to local retail development. Retailers want to
increase their market share -- that is the best way to maximize their
long-run profit -- and the opportunities now are greatest in the
underserved areas of central cities. Despite what some retailers might
say, they have preferred to be located near consumers even when local
costs are a bit higher. Otherwise there would be no retailers at all
in our central cities. For systematic evidence that retailers are not
fleeing and indeed are continuing to come into cities with higher
minimum wages, such as San Francisco and Santa Fe, see Do Businesses
Flee Citywide Minimum Wages?

Second, the range of economists' estimates of minimum wage effects on
employment have shifted substantially in the past decade. Studies
using data from the 1990s find either very small negative effects on
employment or find zero or positive effects. My own work -- with data
from businesses in San Francisco before and after the citywide minimum
wage was introduced -- finds zero effects on overall employment, with
upgrading of some jobs from part-time to full-time status. Studies of
Santa Fe businesses also find no employment effect. For more details
on my San Francisco study, see this paper.

Third, it does make sense that higher minimum wages need not reduce
the number of jobs, once we take into account job vacancies,
recruitment and retention costs, and other employee turnover issues
that are familiar to all employers. Low-wage employers typically
experience turnover of 100% or more per year; they are constantly
hiring and cannot fill all their vacancies. A higher minimum wage
attracts more workers and encourages them to stay longer with their
employer, so the result is fewer vacancies, not fewer jobs.
* * *
Richard Epstein writes: Let me respond to Michael's point first with a
general and second with some specific observations. On a general
level, the evidence that Michael cites, even if true, is not directed
toward the Chicago big-box ordinance, which has two features that are
not found in other minimum wage laws. First, the wage and health care
boosts are much higher than those in the other communities which he
has referred to, and second they are limited to big-box firms, and
exclude all other retailers.

Even if one thought, as I do not, that changes in minimum wage laws
have little effect on employment, it is clear that this statute will
have some differential effect on which retailers, selling what goods
at what prices, decide to remain in Chicago. We have strong
testimonial evidence that the large box companies will stay out, which
means that the local market is left to other merchants whose higher
labor costs guarantee a higher price structure.

On some particulars, the saturation point is wholly unpersuasive with
respect to a long and skinny city like Chicago with a high
boundary-to-area ratio. Here it is easy for suburban stores to poach
on city residents who live as near to them as they do to many urban
stores. The common pattern here is for people to make large trips to
the big-box stores once or twice a month in order to avoid the local
merchants who charge higher prices. Merchants may come to some cities
with higher minimum wage, but if they do they will surely design
business plans that make less use of unskilled labor than they would
have in the absence of minimum wages. One simple interpretation of the
data is that firms that are less dependent on minimum-wage workers
will flourish while others do not. But this hardly helps the unskilled
workers who lose twice. They are shut out by the minimum wage and have
to pay higher prices for the goods they want. So they will just go
elsewhere.

Third, I do not think that the turnover issues offer any justification
for a minimum wage law. If the turnover costs are this high, then an
employer can voluntarily reconfigure its work force by using higher
wages as an offset to higher turnover. There is no reason to mandate
actions that work in employer's self interest. And there is certainly
no reason to apply this paternalist rationale to big box employers to
the exclusion of everyone else, which is what the Chicago ordinance
does.
* * *
Michael Reich writes: On the specifics of the Chicago ordinance, its
higher minimum wage would increase in steps until 2010. By then the
Santa Fe and San Francisco minimums will be very close to the same
level as in Chicago, and San Francisco has also just implemented a
health-care policy on top of the minimum wage. So these cases are very
comparable.

In any case, I understand that a modified proposal for Chicago will be
introduced, so there will be further give and take, just as in many
other jurisdictions. We need not limit ourselves to this specific
example.

The analysis of citywide minimum wages always should be based on
scientific evidence, not on any individual's theoretical arguments or
statements of belief, nor on self-interested statements from the
companies. Regarding Chicago's retail conditions, we have two studies
with systematic evidence: One is from a University of Illinois at
Chicago research unit that specializes in community economic
development. The other, from NYU's Brennan Center, also supports the
current attractiveness of locating in Chicago to large retailers.

I agree that higher minimum wages might lead to somewhat higher
prices. But this might be a good tradeoff. To find out, again we must
draw from careful empirical studies, not general statements, to
quantify the effect. My San Francisco study found that a 26% increase
in the minimum wage increased restaurant prices by about 2.5%, or 25
cents for an average $10 menu item. We now know, using Wal-Mart's own
data, that if Wal-Mart's hourly pay and benefits scale increased to
match those in its industry as a whole, and the costs were fully
passed on to consumers, its prices would increase by only a penny on
the dollar. Moreover, profit margins have been increasing in large
retail companies, so there is room for pay increases that do not
translate entirely into price increases. See "Wrestling with Wal-Mart:
Tradeoffs between Profits, Wages and Prices."

On the issue of turnover costs, no one is arguing that low-wage firms
would individually choose to increase their pay and lower turnover, as
the savings would not be sufficient. If all firms are required to do
so, however, employment can actually increase. In the field of labor
economics, this is a standard argument used to understand minimum wage
effects. You will find it in every major undergraduate textbook,
including those by free-market-oriented economists such as George
Borjas and David MacPherson. You will also find an emphasis on
turnover issues in understanding labor markets in the 2006 Economic
Report of the President.

As for applying a standard only to retail, it is likely that other
industries will be forced by competition to increase pay as well. To
what extent, we don't yet know. Small employers in San Francisco were
phased into the minimum wage level in its first two years; I found
that they increased wages substantially during the phase-in period.
* * *
Richard Epstein writes: Once again, I think that the difficulties here
arise as much in the interpretation of the various bits of data as
with the data itself. On the various ordinances, I do not believe that
the Santa Fe or San Francisco ordinances are focused exclusively on
the big boxes, which creates all sorts of distortions between
different classes of retailers, and thus has additional adverse
effects not found elsewhere. In addition, there is a real question of
how the ordinance interacts with the composition of the work force. It
is worth remembering that when Wal-Mart offered low-paying positions
in the Chicago suburb of Evergreen Park, 25,000 people showed up for
325 or so jobs.

Clearly the low end of the market is out of whack even under the
current labor market structure. It is hard to see how any of these
people will do better if they are priced out of the market, even if
the firms could scramble to find other individuals at higher wages to
fill the more exclusive spots that remain. On the study point, I have
obviously had no time to review the studies in Chicago, but that seems
to have been true of Mayor Daley, who thought that the threat of the
big-box companies to stay out was credible. And it is also important
to ask whether these studies take into account the hostile reception
that big-box stores get from zoning authorities every time they seek
permissions to build. And it is worth noting that the strongest
opponents of the big-box ordinance in the city are alderman from
low-income districts.

On the Wal-Mart profit figures, the numbers that I have seen differ.
The average profit per employee is around $2,000 per year. That hardly
speaks of massive exploitation of workers. Rather it is consistent
with the lower prices that it offers to consumers, often from the
least advantaged areas, where prices are estimated at around 8% to 13%
below what they would otherwise be. Finally, I am totally puzzled why
any labor text would argue that high-wage-low-turnover strategies are
only efficient if everyone in town adopts them. The brief explanation
that Michael offers here is just not credible.

Why won't the savings be sufficient to induce the change? Indeed any
change in position, however small, that improves output should be
welcomed, period. There is no prisoner's dilemma game here. A firm
that gets higher output from adopting superior strategies should be
thrilled if its competitors lag behind. So absent the statute, there
should be a really strong incentive to make changes in employment
strategies that other firms cannot duplicate. Nor is there any reason
in theory to expect non-covered firms to raise wages unless demand for
labor increases as the cost increases. It is every bit as likely that
non-protected workers will be more numerous and could easily receive
lower wages, if they stay in the community at all.

Michael's argument is a huge plea for monopoly wages and collective
bargaining, without any explanation as to why employers fiercely
resist changes that public officials think are in their interest. And
how on his theory do we decide what minimum wage is optimal? Why not
$20, or $50?
* * *
Michael Reich writes: An omitted point is that Wal-Mart and some other
companies have had negative effects on retail wages and benefits and
on taxpayers. These negative effects create hidden but very real and
large costs, especially by increasing the ranks of the uninsured.
These effects have been documented in a series of careful studies.

The majority of employers in Santa Fe, San Francisco and, more
recently, in Santa Cruz, Calif., have not resisted these policies; the
vehemence is coming from a few, mainly Wal-Mart and Target.

In concluding, I want to re-emphasize the importance of
carefully-developed empirical evidence to illuminate these
controversies, as there are different theories of how competition
works in labor markets. Consider the following:

In a standard competitive model, there are no impediments to employee
mobility and employers have to pay the competitive wage or lose their
entire work force instantaneously. But whenever there are job search
costs, or when it takes time for employers and employees to find good
matches with each other, or when there are any other impediments to
employee mobility, competitive firms face what we call in introductory
economics a rising supply of labor schedule. In essence, they face
much higher labor costs for every worker when they expand employment.

With these frictions, firms maximize their profits by hiring fewer
workers and paying lower wages, relative to the simple competitive
textbook model. So a minimum wage mandate can in principle bring about
a result closer to the competitive market equilibrium, with both
higher pay and higher employment.

How important are these "frictions" in urban and low-wage labor
markets? Quite a few studies find that they are the rule, not the
exception, even, say, among fast-food restaurants that have many
competitors. High turnover and ongoing vacancies are indicators of
such frictions. In my San Francisco findings, turnover dropped
substantially among firms that were covered by the minimum wage, and
did not among firms that were not covered. These considerations are
likely to be even more important among very large firms that in effect
set local wages by virtue of their sheer size, and not just in retail.

Of course, minimum wages at levels that are set too high will trigger
negative effects. (The limits depend in part upon how sensitive
consumers are to prices.) But we have moved away from such limits in
the past two decades. The national minimum wage in real dollars and
relative to average wage is quite low by historical standards.
Shouldn't the most productive economy in history be able to pay all of
its workers a real living wage?

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