Economics

Free exchange

Labour markets

No right to work

Feb 7th 2011, 20:57 by R.A. | WASHINGTON

BARACK OBAMA has been working to win over grumpy business owners with a message of support for the private sector that includes a paring back of burdensome regulation. It's an admirable goal, but the sad truth is that much of the regulatory burden faced by firms and workers is local. And it's growing. For example:

While some states have long required licensing for workers who handle food or touch others—caterers and hair stylists, for example—economists say such regulation is spreading to more states for more industries. The most recent study, from 2008, found 23% of U.S. workers were required to obtain state licenses, up from just 5% in 1950, according to data from Mr. Kleiner. In the mid-1980s, about 800 professions were licensed in at least one state. Today, at least 1,100 are, according to the Council on Licensure, Enforcement and Regulation, a trade group for regulatory bodies. Among the professions licensed by one or more states: florists, interior designers, private detectives, hearing-aid fitters, conveyor-belt operators and retailers of frozen desserts...

Texas, for instance, requires hair-salon "shampoo specialists" to take 150 hours of classes, 100 of them on the "theory and practice" of shampooing, before they can sit for a licensing exam. That consists of a written test and a 45-minute demonstration of skills such as draping the client with a clean cape and evenly distributing conditioner. Glass installers, or glaziers, in Connecticut—the only state that requires such workers to be licensed—take two exams, at $52 apiece, pay $300 in initial fees and $150 annually thereafter.

California requires barbers to study full-time for nearly a year, a curriculum that costs $12,000 at Arthur Borner's Barber College in Los Angeles. Mr. Borner says his graduates earn more than enough to recoup their tuition, though he questions the need for such a lengthy program. "Barbering is not rocket science," he said. "I don't think it takes 1,500 hours to learn. But that's what the state says."

Texas and California, united in enthusiasm for red tape. The game here is simple: restrict labour supply in order to boost compensation. And the rules proliferate thanks to the simple math of collective action problems; the benefits of licensing are focused on the narrow group of certificate holders, while the costs are spread across a diffuse population of would-be barbers and salon customers.

Among the costs of these programmes cited by the Wall Street Journal story quoted above, one of the most interesting ones is the impact on mobility. Because certification programmes differ across states and localities, professionals are often reluctant to move. This reduces labour market flexibility, which is unfortunate at the best of times and extremely costly during periods of economic slack.

It would be nice if groups that claim to support economic freedom would devote more energy to fighting these kinds of restrictions and less to opposing, say, a price on carbon.

You must be logged in to post a comment.
Please login or sign up for a free account.
1-19 of 19
OneAegis wrote:
Feb 7th 2011 9:24 GMT

Interior decorating? What in god's name do they need a license for?

The La-Z-Boy Oath

"I hereby proclaim that I shall place neither polka-dotted couch nor plaid wallpaper..."

tfw wrote:
Feb 7th 2011 10:07 GMT

When there's a big state-wide election approaching here in IL, it always seems that the calls for less regulation all have to do with the lessening of environmental standards. No one running for office who claims to be pro-business has ever mentioned that the process to get a new business tax ID is so spectacularly complicated that you can't do it without hiring a lawyer.

G.Y. wrote:
Feb 7th 2011 10:09 GMT

When one of these state-licensed professionals screws up, does the state compensate the customer for sunk cost? for consequential damage??

jomiku wrote:
Feb 7th 2011 11:03 GMT

Having been in commercial real estate, I've dealt first hand with the many regulations that businesses deal with. They do complain about "burden" but when you ask them what the problem is the issues divide in three real categories:

1. Rules that open them to liability they didn't knowingly assume. These are partly state and local environmental regulations but the really big part is imposed by the market, meaning that lenders impose huge restrictions based on their guesses about liabilities as those are developed in various lawsuits. For example, the liabilities imposed by various spills of chemicals, by the use of chemicals in a business - like a hair salon, cleaners, etc. - are real mostly because lenders won't pass a property unless it is clear. The lenders only care because someone has been sued and they run from that kind of liability risk. No clearance, no loan, no sale of the property or the business at a price you want. Remember that rules don't really prevent spills and the enforcement of them is haphazard at best - and sometimes bluntly bought off. The real power comes from market punishment, mostly through lenders and landlords demanding more indemnity, more cleanup. Business owners fear rule changes in part because they worry the market will then react to any changes to impose more "new" risk.

2. Mindless stuff. Most smaller businesses are annoyed but not materially impacted by all sorts of regulations. Like posting equal opportunity notices. They like to point at this because they see it as useless but these rules don't create a lot of cost. People like to complain. If they didn't have this, they'd complain about other things.

3. More state and local regulation, which you mentioned. But the rules are more about fire safety and local concerns like keeping waste water out of the over-burdened sewage treatment system than ways to keep out competition. In a very real sense, the failure to invest in infrastructure then imposes costs on business as part of the need to mitigate impact a better infrastructure could handle. Because of various tragedies and public outcry, the building codes are much stricter. Localities are much more concerned about their wetlands, etc. These are the rules businesses face every day.

thisisanfield wrote:
Feb 7th 2011 11:41 GMT

This is strangely similar to the European guilds of the last millenium. Control production by licensing to increase wages for "masters" of a craft, limit competition by locality and set up a maddening set of regulations designed to protect the industry from foreign and domestic (often rural) competition. And, perhaps most importantly, lobby the local political officials for special consideration.

Faedrus wrote:
Feb 8th 2011 12:19 GMT

Given my last haircut, I'm not so sure 1,500 hours of training is enough.

bampbs wrote:
Feb 8th 2011 12:19 GMT

It's about time that someone pointed out that Federal regulation often rescues businesses from a rat's nest of state and local meddling.

States' Rights ended with the Civil War. The Southern delusion that they still existed, as a justification for treating Blacks as less than human, led directly to the routine involvement of the Federal courts in local affairs. This was necessary only because Southern state courts could not be relied upon to do justice. Then pols learned that it was safer to leave problems unaddressed until finally the courts took them off their plates. So if you dislike "activist" Federal courts, blame those who forced them to act - segregationists and gutless pols.

Doug Pascover wrote:
Feb 8th 2011 3:53 GMT

I agree with the post, but few of these trades are hired en masse right? Most are contractors or sole proprietors. So no more licensing shampooists, but lets not say these are the regulations that stops General Electric from hiring.

Scott Sumner wrote:
Feb 8th 2011 3:55 GMT

There is one free market group that does focus on eliminating these absurd rules, it's called the "Institute of Justice." They work through the courts.

Feb 8th 2011 6:33 GMT

I agree with what you wrote, but would add that it's semi-intuitive as to why placing a price on carbon is fought more vigorously than shampoo engineer certifications & that's based upon how many people they directly affect and their collective resources.

Additionally, if GE needs to hire an interior designer, theoretically the only place where they could potentially be directly effected, they have the money to pay the premium anyway, so they don't care.

So basically, the regulations you discuss are freedom reducing piles of dung, but so long as voters don't care and those directly impacted amount to a very small percentage of the population without the resources necessary to lobby successfully against such regulations, it would appear there is no obvious end in sight.

Of course... see: Sorites Paradox

Feb 8th 2011 12:47 GMT

I don’t think deregulating those markets is a good idea. That’s an anti-inflationary, or disinflationary, method, and thus inappropriate to the present US economy.

This type of confusion comes from overlooking effects of microeconomic benefits – such as a discount in the exam fee for those wannabe cowboy shampooists in Texas – to macroeconomic benefits. This failure is typical of neoclassical economics in general.

What is actually happening to the US economy – or, more accurately, the US dollar economy – under the Bernanke Put is that the money to be held by transactions- and precautionary-motives is growing sluggishly while the money to be held by speculative-motives is growth rapidly. (I don’t think anybody would want to argue against the fact that there are only these two types of money in the open market).

With deregulations in the markets – like that for those shampooing Texans – that the author cites, the former money will further contract due to increased supply of goods and services. This will only make the disinflationary pressure more powerful. We should interpret the trend of intensifying regulations as a natural reaction by the open market.

Both ‘mobility’ and ‘flexibility’ are fishy terms, because they have different meanings by context. This time they mean more supply in the labour market, thus more supply of labour, thus a harsher competition, thus lower prices and wages, and thus a more disinflationary pressure in the entire US economy.

Thus, higher mobility or higher flexibility in the labour market is absolutely inappropriate under the present conditions of the US economy, and means lower mobility of income. That is, mobility or flexibility in the labour market offsets income mobility. It is simply a matter of demand and supply in the labour market.

(I don’t deny that there may still be cases in which deregulations are really needed locally. But, a general deregulation, which is the theme of this entry, is out of question).

The costs the author cites are not an issue to worry about in macroeconomics. They go into either private businesses or authorities, by which they will become the money to be spent for either investment or consumption.

What the policymakers should instead do is to lead money from being invested into speculative activities to being invested into transactions and precautionary activities. By this method, a stronger inflationary pressure will occur in the market. Generally, deregulations in the markets of goods, services and labour should be imposed when the rate of inflation accelerates, in which The Fed will not have to raise interest rates as rapidly as otherwise.

The best way to lead money into transactions and precautionary activities is simple: Regulate the market – both domestic and international – in which the money to be held by speculative motives. By that method, there will be such a contractionary pressure in speculative activities that money (i.e. credit) will be pressed out to transactions and precautionary activities. Naturally, the method can be translated as regulating financial and property markets. A law that is similar to the Glass-Steagall Act, an income taxation reform like a reinforced progressive taxation, and an international capital-gains tax like the Tobin Tax must be right policies. By these policies, there will be a situation in which the markets of goods, services and labour can be deregulated in a safer manner and thus a more stable and FREEER ECONOMY will be accomplished.

hedgefundguy wrote:
Feb 8th 2011 1:53 GMT

Bars, restauarnts, etc., in my state are mandated to
be smoking free by state law.

One would think the state would auction licenses to allow a percentage of businesses - say 20%, based on pct of smokers in the state - to purchase to allow smoking.

Regards

Feb 8th 2011 2:44 GMT

The Federal Register publishes new federal regulations and averages 10,000 pages every year. State and local governments probably add twice that many new regulations. So how does anyone get the idea that we have a free market in the US?

Mr. Dean wrote:
Feb 8th 2011 3:05 GMT

Licensing makes even less sense now than it did in the past. Licenses can have some signaling value that the individual is at least basically competent in their job. The doctor or truck driver in question might not be very good, but at least they had training. Now we have the internet to share experiences (i.e. Yelp and other local ratings sites), easily make complaints, and do Google based background checks. In 2011, I don't need the state to tell me that my yoga teacher knows what she's doing. I can do a much better job figuring that out then relying on whatever ridiculous curriculum is developed by local government.

McGenius wrote:
Feb 8th 2011 5:37 GMT

Let us not forget that at least one can leave a state or city. For example, states like California have noted that jobs are for losers, i.e. it wants none of them. New York City has insisted that only greedy crazy types hire other people.

You cannot escape the feds!

LexHumana wrote:
Feb 8th 2011 7:15 GMT

Jasiek w japonii wrote: Feb 8th 2011 12:47 GMT
"I don’t think deregulating those markets is a good idea. That’s an anti-inflationary, or disinflationary, method, and thus inappropriate to the present US economy."

Deregulating the labor market is only going to be anti-inflationary in the labor market, not the broader market. Given that there are some 14 million unemployed, lowering the cost of labor is likely to be a spur to new hiring, and therefore a desirable outcome.

The regulation of the labor market merely creates barriers to entry and additional opportunity costs. Ironically, it is often the industry itself that lobbies for these regulations, specifically as an attempt to create barriers to entry and discourage competition with existing businesses. The governments go along with it because licensing fees generate more income for them.

Some labor regulation I can understand -- doctors, lawyers, accountants, and the like. But professions like barbers and glaziers? I have yet to hear a rational explanation for requiring education and licensing for those.

Mr. Dean wrote:
Feb 8th 2011 7:31 GMT

In search of a theory as to why increased licensing would make sense, apart from the obvious explanation that it's just successful rent seeking on the part of incumbents, is that it's much easier now for an individual to avoid liability for faulty work, mostly by operating LLCs with no assets. If professions are becoming more frequently judgment proof, then the market is going to have trouble policing those professions. It's the best plausible explanation I can come up with. Aside from the reality that it's all local politics.

Feb 9th 2011 1:31 GMT

@LexHumana

When the credit creation is sluggish for the money to be held by transactions- and precautionary-motives against the money to be held by speculative-motives, lowering the cost of labour leads businesses to more attempts of lowering the prices of goods and services.

As for the reason why the credit creation is being sluggish for the former money within the US economy Richard Koo’s view on balance sheets sounds convincing.

Sir Ricardo wrote:
Feb 9th 2011 6:32 GMT

"It would be nice if groups that claim to support economic freedom would devote more energy to fighting these kinds of restrictions and less to opposing, say, a price on carbon."

A better idea.

Oppose both.

.

1-19 of 19

About Free exchange

In this blog, our correspondents consider the fluctuations in the world economy and the policies intended to produce more booms than busts.

Advertisement

Advertisement

Latest blog posts - All times are GMT

The wrong target
From Blighty - 15 mins ago
Exquisite corpse
From Babbage - 1 hrs 15 mins ago
Hot news v new media
From Babbage - 1 hrs 32 mins ago
The bombshell and her pup
From Prospero - February 9th, 22:46
Link exchange
From Free exchange - February 9th, 22:03
More from our blogs »
Products & events
Stay informed today and every day

Subscribe to The Economist's free e-mail newsletters and alerts.


Subscribe to The Economist's latest article postings on Twitter


See a selection of The Economist's articles, events, topical videos and debates on Facebook.

Advertisement