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    Women Could Fill Truck Driver Jobs. Companies Won’t Let Them.

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    Three women filed a discrimination complaint against a trucking company over its same-sex training policy, which they say prevented them from being hired.The trucking industry has complained for years that there is a dire shortage of workers willing to drive big rigs. But some women say many trucking companies have made it effectively impossible for them to get those jobs.Trucking companies often refuse to hire women if the businesses do not have women available to train them. And because fewer than 5 percent of truck drivers in the United States are women, there are few female trainers to go around.The same-sex training policies are common across the industry, truckers and legal experts say, even though a federal judge ruled in 2014 that it was unlawful for a trucking company to require that female job candidates be paired only with female trainers.Ashli Streeter of Killeen, Texas, said she had borrowed $7,000 to attend a truck driving school and earn her commercial driving license in hopes of landing a job that would pay more than the warehouse work she had done. But she said Stevens Transport, a Dallas-based company, had told her that she couldn’t be hired because the business had no women to train her. Other trucking companies turned her down for the same reason.“I got licensed, and I clearly could drive,” Ms. Streeter said. “It was disheartening.”Ms. Streeter and two other women filed a complaint against Stevens Transport with the Equal Employment Opportunity Commission on Thursday, contending that the company’s same-sex training policy unfairly denied them driving jobs. The commission investigates allegations made against employers, and, if it determines a violation has occurred, it may bring its own lawsuit. The commission had brought the lawsuit that resulted in the 2014 federal court decision against similar policies at another trucking company, Prime.Critics of the industry said the persistence of same-sex training nearly a decade after that ruling, which did not set national legal precedent, was evidence that trucking companies had not done enough to hire women who could help solve their labor woes.“It’s frustrating to see that we have not evolved at all,” said Desiree Wood, a trucker who is the president and founder of Real Women in Trucking, a nonprofit.Ms. Wood’s group is joining the three women in their E.E.O.C. complaint against Stevens, which was filed by Peter Romer-Friedman, a labor lawyer in Washington, and the National Women’s Law Center.Companies that insist on using women to train female applicants generally do so because they want to avoid claims of sexual harassment. Trainers typically spend weeks alone with trainees on the road, where the two often have to sleep in the same cab.Critics of same-sex training acknowledge that sexual harassment is a problem, but they say trucking companies should address it with better vetting and anti-harassment programs. Employers could reduce the risk of harassment by paying for trainees to sleep in a hotel room, which some companies already do.Women made up 4.8 percent of the 1.37 million truck drivers in the United States in 2021, according to the most recent government statistics, up from 4 percent a decade earlier.Long-haul truck driving can be a demanding job. Drivers are away from home for days. Yet some women say they are attracted to it because it can pay around $50,000 a year, with experienced drivers making a lot more. Truck driving generally pays more than many other jobs that don’t require a college degree, including those in retail stores, warehouses or child care centers.Women made up 4.8 percent of truck drivers in 2021, according to the most recent government statistics.Mikayla Whitmore for The New York TimesThe infrastructure act of 2021 required the Federal Motor Carrier Safety Administration to set up an advisory board to support women pursuing trucking careers and identify practices that keep women out of the profession.Robin Hutcheson, the administrator of the agency, said requiring same-sex training would appear to be a barrier to entry. “If that is happening, that would be something that we would want to take a look at,” she said in an interview.Ms. Streeter, a mother of three, said she had applied to Stevens because it hired people straight out of trucking school. She told Stevens representatives that she was willing to be trained by a man, but to no avail.Bruce Dean, general counsel at Stevens, denied the allegations in the suit. “The fundamental premise in the charge — that Stevens Transport Inc. only allows women trainers to train women trainees — is false,” he said in a statement, adding that the company “has had a cross-gender training program, where both men and women trainers train female trainees, for decades.”Some legal experts said that, although same-sex training was ruled unlawful in only one federal court, trucking companies would struggle to defend such policies before other judges. Under federal employment discrimination law, employers can seek special legal exemptions to treat women differently from men, but courts have granted them very rarely.“Basically, what the law says is that a company needs to be able to walk and chew gum at the same time,” said Deborah Brake, a professor at the University of Pittsburgh who specializes in employment and gender law. “They need to be able to give women equal employment opportunities and prevent and remedy sexual harassment.”Ms. Streeter said she had made meager earnings from infrequent truck driving gigs while hoping to get a position at Stevens. Later this month, she will become a driver in the trucking fleet of a large retailer.Kim Howard, one of the other women who filed the E.E.O.C. complaint against Stevens, said she was attracted to truck driving by the prospect of a steady wage after working for decades as an actor in New York.“It was very much a blow,” she said of being rejected because of the training policy. “I honestly don’t know how I financially made it through.”Ms. Howard, who is now employed at another trucking company, said she had worked briefly at a company where she was trained by two men who treated her well. “It’s quite possible for a woman to be trained by a man, and a man to be a professional about what the job is,” she said.Other female drivers said they had been mistreated by male trainers who could be relentlessly dismissive and sometimes refused to teach them important skills, like reversing a truck with a large trailer attached.Rowan Kannard, a truck driver from Wisconsin who is not involved in the complaint against Stevens, said a male trainer had spent little time training her on a run to California in 2019.At a truck stop where she felt unsafe, Ms. Kannard said, the trainer demanded that she leave the cab — and then locked her out. She asked to stop the training and was flown back to Wisconsin. Yet she said she did not believe that same-sex training for women was necessary. “Some of these men that are training, they should probably go through a course.”Desiree Wood, the president of Real Women in Trucking, says the trucking industry has not evolved to hire and train more women.Mikayla Whitmore for The New York TimesMs. Wood, of Real Women in Trucking, said trucking companies’ training policies were misguided for another reason — there is no guarantee that a woman will treat another woman better than a male trainer. She said a female trainer had once hurled racist abuse at her and told her to drive dangerously.“I’m Mexican — she hated Mexicans and wanted to tell me all about it the whole time I was on the truck,” Ms. Wood said, “She screamed at me to speed in zones where it was not safe.”Still, some women support same-sex training policies.Ellen Voie, who founded the nonprofit Women in Trucking, said truck driving should be treated differently from other professions because trainers and trainees spent so much time together in close quarters.“I do not know of any other mode of transportation that confines men and women in an area that has sleeping quarters,” Ms. Voie said.Lawyers for Prime, the company that lost the E.E.O.C. suit in 2014 challenging its same-sex training policy, called Ms. Voie as an expert witness to defend the practice. In her testimony, she contended that women who were passed over by companies that didn’t have female trainers available could have found work at other trucking companies. She still believes that.But Ms. Voie added that trucking companies also needed to do more to improve training for women, including placing cameras in cabs to monitor bad behavior and paying for hotel rooms so trainers and trainees can sleep separately.Steve Rush, who recently sold his New Jersey trucking company, stopped using sleeper cabs over a decade ago, sending drivers to hotels. He said fewer of his drivers quit compared with the rest of the industry, as a result.“What woman in her right mind wants to go out and learn how to drive a truck and have to jump into the sleeper that some guy’s just crawled out of,” he said.Ben Casselman More

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    Defying Industry, California Lawmakers Vote for Employer-Paid Food Training

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    The legislation would require state employers — not workers — to pay for mandatory safety instruction. It awaits the governor’s decision.The California Legislature is moving to require employers to compensate food service employees for the cost of food safety training mandated by the state’s public health laws. If signed into law, the legislation would overturn a common practice in which employees cover the expense of obtaining the certification themselves.The measure, Senate Bill 476, which cleared the State Senate by a wide margin in May, passed the Assembly on Tuesday, 56 to 18. After a Senate vote on concurrence with amendments, the bill will be sent to Gov. Gavin Newsom, who has not signaled whether he will sign it or veto it. Asked for comment for this article, the governor’s office said it had nothing to report.The bill’s sponsors cited a New York Times investigation published in January that showed how the National Restaurant Association, a lobbying group, raises millions of dollars from workers through the fees charged by a food safety training program it administers, ServSafe. The most widely used safety program in the country for food and beverage handling, it is used by waiters, cooks, bartenders and other retail food workers.The restaurant association, a business league representing over 500,000 businesses — along with state affiliates, including the California Restaurant Association — is frequently involved in political battles against increasing the minimum wage or the subminimum wage paid to tipped workers in most states.The investigation found that more than 3.6 million workers nationwide have paid for the industry group’s classes, bringing in roughly $25 million in revenue since 2010. That is more than the National Restaurant Association spent on lobbying during the same period and more than half of the amount association members paid in dues.Labor leaders and some business owners said they were unaware of the arrangement.“I had no idea that’s what they were doing,” said Christopher Sinclair, a restaurant owner from New York now based in Sacramento, who helped organize a push to outlaw the practice.The training, costing about $15 for most workers, involves mastering information in a set of slides, typically over a few days, and then passing a test that lasts about two hours. Much of the information is basic, with lessons like the importance of daily bathing and how to recognize mold on produce. In four of the largest states, including California, such training is mandated by law; in other cases, companies require the training for managers and some employees.The California Restaurant Association and the National Restaurant Association declined to comment for this article, but both have vocally opposed the bill, arguing that workers benefited from training. The “food handler” card received upon completion of the training is portable from job to job, and it is valid for three years before having to be renewed.At a rally with workers outside the State Capitol on Tuesday evening after the Assembly passed the legislation, Saru Jayaraman, the leader of the labor-advocacy group One Fair Wage, said the legislation could have an impact beyond California.“They are using that money from low-wage workers to fight us all over the country,” she said, referring to the restaurant association. “The biggest part of this bill is that it will stop the flow of cash from two million workers in California to the nation’s largest restaurant lobby.”Member dues typically make up a large share of funding for industry business leagues. But executives with the National Restaurant Association have noted that dues make up a small portion of the group’s revenue compared with ServSafe and other business initiatives. More

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    Biden’s Climate Law Is Reshaping Private Investment in the United States

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    Lucrative tax incentives have fueled a surge in solar panels but failed to boost wind power, data from a new project show.Private investment in clean energy projects like solar panels, hydrogen power and electric vehicles surged after President Biden signed an expansive climate bill into law last year, a development that shows how tax incentives and federal subsidies have helped reshape some consumer and corporate spending in the United States.New data being released on Wednesday suggest the climate law and other parts of Mr. Biden’s economic agenda have helped speed the development of automotive supply chains in the American Southwest, buttressing traditional auto manufacturing centers in the industrial Midwest and the Southeast. The 2022 law, which passed with only Democratic support, aided factory investment in conservative bastions like Tennessee and the swing states of Michigan and Nevada. The law also helped underwrite a spending spree on electric cars and home solar panels in California, Arizona and Florida.The data show that in the year since the climate law passed, spending on clean-energy technologies accounted for 4 percent of the nation’s total investment in structures, equipment and durable consumer goods — more than double the share from four years ago.The law so far has failed to supercharge a key industry in the transition from fossil fuels that Mr. Biden is trying to accelerate: wind power. Domestic investment in wind production declined over the past year, despite the climate law’s hefty incentives for producers. And so far the law has not changed the trajectory of consumer spending on some energy-saving technologies like highly efficient heat pumps.But the report, which drills down to the state level, provides the first detailed look at how Mr. Biden’s industrial policies are affecting clean energy investment decisions in the private sector.The data come from the Clean Investment Monitor, a new initiative from the Rhodium Group, a consulting firm; and the Massachusetts Institute of Technology’s Center for Energy and Environmental Policy Research. Its findings go beyond simpler estimates, from the White House and elsewhere, providing the most comprehensive look yet at the effects of Mr. Biden’s economic agenda on America’s emerging clean-energy economy.The researchers spearheading the first cut of the data include Trevor Houser, a former Obama administration official, who is a partner at Rhodium; and Brian Deese, a former director of Mr. Biden’s National Economic Council, who is an innovation fellow at M.I.T.The climate bill President Biden signed into law last year includes a wide range of lucrative incentives to encourage domestic manufacturing and speed the nation’s transition away from fossil fuels. Doug Mills/The New York TimesThe Inflation Reduction Act, which Mr. Biden signed into law in August 2022, includes a wide range of lucrative incentives to encourage domestic manufacturing and speed the nation’s transition away from fossil fuels. That includes expanded tax breaks for advanced battery production, solar-panel installation, electric vehicle purchases and other initiatives. Many of those tax breaks are effectively unlimited, meaning they could eventually cost taxpayers hundreds of billions of dollars — or even top $1 trillion — if they succeed at driving enough new investment.Biden administration officials have tried to quantify the effects of that law, along with bipartisan legislation on infrastructure and semiconductors signed by the president earlier in his term, by tallying up corporate announcements of new spending linked to the legislation. A White House website estimates that companies have so far announced $511 billion in commitments for new spending linked to those laws, including $240 billion for electric vehicles and clean energy technology.The Rhodium and M.I.T. analysis draws on data from federal agencies, trade groups, corporate announcements and securities filings, news reports and other sources to try to construct a real-time estimate of how much investment has already been made in the emissions-reducing technologies targeted by Mr. Biden’s agenda. For comparison purposes, its data stretch back to 2018, under President Donald J. Trump.The numbers show that actual — not announced — business and consumer investment in clean-energy technologies hit $213 billion in the second half of 2022 and first half of 2023, after Mr. Biden signed the climate law. That was up from $155 billion the previous year and $81 billion in the first year of the data, under Mr. Trump.Trends in the data suggest that the impact of Mr. Biden’s agenda on clean-energy investment has varied depending on the existing economics of each targeted technology.Mr. Biden’s biggest successes have come in spurring increased investment in American manufacturing, and in catalyzing investment in technologies that remain relatively new in the marketplace.Fueled partly by foreign investment, like in battery plants in Georgia, actual investment in clean-energy manufacturing more than doubled over the last year from the previous year, the data show, totaling $39 billion. Such investment was almost nonexistent in 2018.The bulk of that spending was focused on the electric-vehicle supply chain, including in the new Southwest cluster of activity across California, Nevada and Arizona. The Inflation Reduction Act includes multiple tax breaks for such investment, with domestic-content requirements meant to encourage production of critical minerals, batteries and automotive assembly in the United States.The big winners in manufacturing investment, though, as a share of states’ economies, remain traditional auto states: Tennessee, Kentucky, Michigan and South Carolina.Mr. Biden’s bipartisan infrastructure law targets the clean-energy economy, including spending to build out more charging stations for electric vehicles.Gabby Jones for The New York TimesThe climate law also appears to have supercharged investment in so-called green hydrogen, which splits water atoms to create an industrial fuel. The same is true of carbon management — which seeks to capture and store greenhouse gas emissions from existing energy plants or pull carbon out of the atmosphere. All those technologies struggled to gain traction in the United States before the law showered them with tax breaks.Hydrogen and much of the carbon-capture investment is concentrated along the coast of the Gulf of Mexico, a region filled with incumbent fossil fuel companies that have begun to branch into those technologies. Another cluster of carbon-capture investment is concentrated in Midwestern states like Illinois and Iowa, where companies that produce corn ethanol and other biofuels are beginning to spend on efforts to sequester their emissions.The incentives for those technologies in the Inflation Reduction Act, along with other support in the bipartisan infrastructure law, “fundamentally change the economics of those two technologies, making them broadly cost-competitive for the first time,” Mr. Houser said in an interview.Other incentives have not yet budged the economics of critical technologies, most notably wind power, which boomed in recent years but is now facing global setbacks as projects become increasingly expensive to finance.Wind investment was lower in the first half of this year than at any point since the database was started.In the United States, wind projects are struggling to navigate government processes for permitting, transmission and locating projects, including opposition from some state and local lawmakers. Solar projects and related investment in storage for solar power, Mr. Houser noted, can be built closer to power consumers and have fewer hurdles to clear, and investment in them grew by 50 percent in the second quarter of 2023 from a year earlier.Some consumer markets have yet to be swayed by the promise of tax breaks for new energy technologies. Americans have not increased their spending on heat pumps, even though the law covers up to $2,000 toward the purchase of a new one. And over the last year, the states with the highest spending as a share of their economy on heat pumps are all concentrated in the Southeast — where, Mr. Houser said, consumers are more likely to already own such pumps, and to be in need of a new one. More

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    Restaurants Agree to Raise Pay to $20 an Hour in California

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    The deal will avoid a ballot fight over a law passed last year that could have resulted in higher pay and other changes opposed by restaurant companies and franchisees.Labor groups and fast-food companies in California have reached an agreement that will pave the way for workers in the industry to receive a minimum wage of $20 per hour.The deal, which will result in changes to Assembly Bill 1228, was announced by the Service Employees International Union on Monday, and will mean an increase to the minimum wage for California fast-food workers by April. In exchange, labor groups and their allies in the Legislature will agree to the fast-food industry’s demands to remove a provision from the bill that could have made restaurant companies liable for workplace violations committed by their franchisees.The agreement is contingent on the withdrawal of a referendum proposal by restaurant companies in California that would have challenged the proposed legislation in the 2024 ballot. Businesses, labor groups and others have often used ballot measures in California to block legislation or advance their causes. The proposed legislation would also create a council for overseeing future increases to the minimum wage and enact workplace regulations.Mary Kay Henry, the president of the S.E.I.U., said the measure in California would be a model for other states. “California fast-food workers’ fight for a seat at the table has reshaped what working people believe is possible when they join together,” she said.Sean Kennedy, the executive vice president of public affairs at the National Restaurant Association, said the deal also benefited restaurants. “This agreement protects local restaurant owners from significant threats that would have made it difficult to continue to operate in California,” he said. “It provides a more predictable and stable future for restaurants, workers and consumers.”Even so, some franchisees said they did not support the deal.“The real issue is who is this impacting the most? It’s the franchisees,” said Keith Miller, a Subway franchisee in Northern California who has become an advocate for the interests of others like him. “There was a lot of back-room dealing that made this happen and no time for anyone to really voice opposition.”Willie Armstrong, the chief of staff for Assemblyman Chris Holden, a Democrat, who is the sponsor of A.B. 1228, said the lawmaker expected the measure to be approved by the Legislature before its session ended on Thursday.Last year, the Legislature passed Assembly Bill 257, a measure Mr. Holden also sponsored, which would have created a council with the authority to raise the minimum wage to $22 per hour for restaurant workers. Gov. Gavin Newsom signed it on Labor Day last year.But the bill met fierce opposition from business interests and restaurant companies, and a petition received enough signatures to put a measure on the November 2024 ballot to stop the law from going into effect.Other business groups in California have successfully used that tactic to change or reverse legislation they opposed.In 2020, ride-sharing and delivery companies like Uber and Instacart campaigned for and received an exemption from a key provision of Assembly Bill 5, which was signed by Mr. Newsom and would have made it much harder for the companies to classify drivers as independent contractors rather than employees.Those companies collected enough signatures to get the issue on the ballot as Proposition 22, which passed in November 2020. More than $200 million was spent on that measure, making it the costliest ballot initiative in the state at the time.And in February, oil companies received enough signatures for a measure that aims to block legislation banning new drilling projects near homes and schools. That initiative will be on the 2024 ballot.In response to calls from advocacy groups who have said the referendum process unfairly benefits wealthy special-interest groups, and in an effort to demystify a system that many Californians say is confusing, Mr. Newsom signed legislation on Sept. 8 that aims to simplify the referendum process.Kurtis Lee More

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    Pork Industry Grapples With Whiplash of Shifting Regulations

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    Retailers in California, and pig farmers and processors thousands of miles away, are bracing for the impact of a state ban on some sources of the meat.These were supposed to be boom times for Pederson’s Natural Farms.In the days this spring after the Supreme Court upheld a California law banning the sale of certain pork products made from pigs raised in small gestation pens, the phones were ringing off the hook at Pederson’s headquarters in Hamilton, Texas.California grocery stores and restaurants were desperate to line up supplies of bacon and pork chops that met the new state standards by a July 1 deadline. Pederson’s products filled the bill, and the company was happy to help send them to California, which consumes about 15 percent of the nation’s pork.“We were going to have a good year,” said Neil Dudley, the vice president at Pederson’s. “We were putting it in the budget. We were going to put pressure on us to grow, but the extra income would help fund that growth.”But a couple of weeks later, some of those new orders were canceled as California regulators pushed back the full force of the law, known as Proposition 12, to early next year, allowing grocery stores and restaurants to use up pork they had already boughtBrined pork bellies ready for removal from a vacuum tumbler and then hanging in a smoker at Pederson’s.Tamir Kalifa for The New York Times“We were going to have a good year,” said Neil Dudley, a Pederson’s executive. Then California pushed back its timeline, and some orders were canceled.Tamir Kalifa for The New York TimesThe normally orderly pork industry has been thrown into upheaval as pig farmers in the Midwest, major pork processors and California businesses have reacted to the changing legal and regulatory landscape in recent months. Further confusion could come if Congress passes pending legislation that would effectively nullify the California act.“There is so much murky water here,” said Todd Davis, the meat and seafood coordinator for Oliver’s Markets, which operates four grocery stores in Sonoma County, Calif., and has lined up pork products that meet the new state requirements.“You are supposed to be compliant as of July 1, but I don’t think the state has any teeth on the enforcement side of things,” Mr. Davis continued. “Companies aren’t taking it as seriously as they should, and at some point the state will make an example out of one of them,” which he said could include costly fines.Already, farmers are facing hog prices that have been depressed since fall while feed costs have remained high, leading to average losses of $30 to $50 a hog for much of this year in Iowa, according to estimated livestock returns from Iowa State University. A pound of bacon costs an average of $6.20 at grocery stores across the country, down from $7.60 last fall, according to data from the Federal Reserve Bank at St. Louis.Nationally, pork prices are influenced by everything from feed cost to demand from China to the shifting mood in commodities markets, but some retailers are already raising prices in California, to pass on the higher cost to hog farmers of meeting the state’s more stringent standards. With other farmers opting not sell in the state, short supply could also push the prices of bacon and pork chops higher.Piglets are kept with their sows at A-Frame Acres in Elliott, Iowa, which is part of the Niman Ranch network.Rachel Mummey for The New York TimesFeeding time at A-Frame Acres, which is run by Ron Mardesen, above.Rachel Mummey for The New York TimesPig farmers say making changes for California is costly. Along with his partners, Dwight Mogler, a fourth-generation farmer in Iowa who sells about 200,000 hogs each year, spent $8.7 million in 2022 building a new facility and modifying an existing one to meet the new standards. A packing company pays him a small premium over market price for his pigs — he declined to provide details of the deal — but Mr. Mogler estimates that it will take 10 years to recoup his outlay.Other farmers say they’re simply not going to modify how they raise pigs.“We’re losing money in the pig industry,” said Trish Cook, the president of the Iowa Pork Producers Association, who, along with her family, raises pigs near Winthrop in eastern Iowa. “The idea of having a large capital expenditure with no clear payback on it doesn’t make business sense to us. We don’t know what sort of premium those pigs will get.”For California, questions about whether consumers will have enough bacon and pork chops and how much they will cost also remain unclear.Ronald Fong, the chief executive of the California Grocers Association, which pushed for an extension of the deadline, said stores were able to make it through Labor Day with the product that they had already bought. However, Mr. Fong said that soon “we’ll be faced with some shortages and price hikes.”Mr. Davis of Oliver’s Markets said he already bought pork from Niman Ranch, a producer that exceeds the California criteria, but had also always offered customers less-expensive pork options. Now, the cheaper pork that meets the new state criteria, from Open Prairie Natural Meats, a brand owned by Tyson, costs Oliver’s $1 to $1.50 a pound more, which Mr. Davis is passing along to customers, he said.“Chicken and pork are still very affordable options, especially when compared to beef prices,” Mr. Davis said. “So we’ve seen very little pushback from consumers.”Loading brined pork bellies into the smokehouse at Pederson’s.Tamir Kalifa for The New York TimesWhen voters passed Proposition 12 five years ago, it was a blow to the industrial meat producers, requiring that any veal calves, breeding pigs and egg-laying hens sold in California be housed in systems that allow freedom of movement. Under the rule, pigs must be born to sows housed in spaces that provide at least 24 square feet per sow. California produces very few of its own pigs, but the new rule also applies to pigs raised in other states.The law was supposed to go into effect in 2022, but the new pork standards were put on pause after the National Pork Producers Council and American Farm Bureau Federation filed a lawsuit challenging California’s ability to dictate pig operations in other states. They argued that if other states adopted different restrictions, the result would be a patchwork of rules and regulations. Massachusetts, for instance, passed its own gestation pen rule, called Question 3, in 2016, but it has been on hold, awaiting various court proceedings.In May, the Supreme Court ruled 5 to 4 that Proposition 12 was legal. It said the pork industry had not proved that the law imposed a substantial burden on interstate commerce. California officials began working through how to regulate and enforce the rule, but a state court delayed enforcement until the end of the year.And the pork industry isn’t done fighting. In June, senators from largely agricultural Midwestern states introduced the Ending Agricultural Trade Suppression Act, which would limit the ability of states to regulate agriculture in other states.In early August, attorneys general from several states, including Texas, New Hampshire and Utah, signed a letter urging Congress to pass the EATS Act.“The industry lost in the court of public opinion in terms of California voters adopting this law, they lost in the courts, and now they’re trying to get something through with this legislative act,” said Chris Oliviero, the general manager of Niman Ranch, which pays its network of 600 farmers in 20 states premium prices to raise the beef, pork and lamb used in its products in conditions that exceed the California standards.“The ultimate goal is to prevent Prop. 12 from going into effect,” Mr. Oliviero added.Bacon slabs cooling after being smoked at Pederson’s.Tamir Kalifa for The New York TimesAs for Pederson’s, much of the pork it produces is already committed to a handful of longtime customers, including Whole Foods. The company did, however, have excess bacon that met the new standards.That is, until one of the farmers who supplied half of the pigs used by Pederson’s received a better offer from a larger company. Suddenly, Pederson’s pig supply was at risk.“Farmers, who are struggling to make money, are getting calls from the big guys, saying they want to contract with them,” Mr. Dudley said. “The big players can’t lose market share, not in a market as big as California. Instead of a boom year, we’re now looking at diminishing sales.” More

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    Labor Dept. Proposes Vast Expansion of Overtime Eligibility

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    The Biden administration seeks a threshold of about $55,000 in annual pay under which salaried workers must receive overtime, up from $35,500.In a move that could affect millions of workers, the Biden administration announced Wednesday that it was proposing to substantially increase the cutoff below which most salaried workers automatically receive time-and-a-half overtime pay.Under the proposed rule, issued by the Labor Department, the cutoff for receiving overtime pay after 40 hours a week would rise to about $55,000 a year from about $35,500, a level that was set during the Trump administration.About 3.6 million salaried workers, most of whom fall between the current cutoff and the new one, would effectively gain overtime pay eligibility under the proposed rule, the department said.Julie Su, the department’s acting secretary, said in a statement that the rule “would help restore workers’ economic security by giving millions more salaried workers the right to overtime protections.”The department estimated that the rule would result in a transfer of $1.2 billion from employers to employees in its first year.Some industry groups, particularly in retail, dining and hospitality businesses, have argued that expanded overtime eligibility could lead many employers to convert some salaried workers to hourly workers and set their base wage so that their overall pay, with the usual overtime hours, would be unchanged.These groups argue that vastly expanding overtime eligibility could also discourage employers from promoting workers to junior management positions that provide a path to well-paying careers, because more employers would be compelled to pay junior managers overtime when they worked long hours.“To prevent these employees from triggering new overtime costs, many small businesses will be forced to demote them back to hourly wage earners, reversing their hard-earned career progression,” Alfredo Ortiz, the president and chief executive of Job Creators Network, a group that promotes the interests of small businesses, said in a statement.The proposal follows a similarly ambitious move by the Obama administration in 2016, which sought to raise the overtime cutoff for most salaried employees to about $47,500 from about $23,500. But just before Donald J. Trump took office as president, a federal judge in Texas suspended the Obama rule, concluding that the Labor Department lacked the legal authority to raise the overtime cutoff so substantially.The Trump administration later installed the $35,500 limit.Under the Biden administration’s proposal, the overtime limit would automatically adjust every three years to keep pace with rising earnings. The Labor Department will accept public comments for 60 days before issuing a final version of the rule.Advocates of a higher cutoff argue that one key benefit would be to prevent employers from misclassifying workers as managers to avoid paying them overtime.Under the law, employers do not need to pay overtime to workers who make above the salary cutoff if they are bona fide executives or managers, meaning that their primary job is management and that they have real authority.But research has shown that many companies illegally deny workers overtime by raising their salaries just above the overtime cutoff and simply labeling them managers, even if they do little managerial work.Because the legal definition of an overtime-exempt manager can be somewhat subjective, and because many salaried workers aren’t aware that they are eligible for overtime pay if they make more than the cutoff, they typically do not challenge employers who game the system in this way. The result is that many assistant managers at fast food restaurants or retail outlets have been denied overtime pay even though the law typically required that they receive it.Raising the salary threshold would make this practice less common by eliminating the subjectivity in determining which workers should receive overtime pay. Instead, many workers — like assistant managers in restaurants — would become eligible for overtime automatically, no matter their job responsibilities.The proposal is the latest effort by the Biden administration to increase pay and protections for workers. President Biden has been outspoken in his support of labor unions, and issued an executive order requiring contractors on federal construction projects worth more than $35 million to reach agreements with unions that determine wages and work rules.The major climate bill that Mr. Biden signed last year included incentives for clean energy projects to pay wages that are similar to union scale.But the proposed overtime rule could face legal challenges like the ones that derailed the Obama-era rule, suggesting that the president’s rationale for the proposal may be as much about communicating his support for workers during the 2024 presidential campaign as it is about significantly expanding eligibility for overtime.In an interview this year, Seth Harris, a former deputy labor secretary who recently served as a senior labor adviser to Mr. Biden, said some administration officials worried that a judge would set aside the rule, but added, “There are others whose offices are physically closer to the president who say, ‘No, no, no, this District Court judge doesn’t tell us how we do our business.’” More

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    Biden Incentives for Foreign Investment Are Benefiting Factories

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    Early data suggest laws to increase semiconductor production and renewable energy technology have shifted the makeup of foreign direct investment — but not increased it.Lucrative new tax breaks and other incentives for advanced manufacturing that President Biden signed into law appear to be reshaping direct foreign investment in the American economy, according to a White House analysis, with a much greater share of spending on new and expanded businesses shifting toward the factory sector.Data that include the first months after the enactment of two pieces of that agenda show that a key measure of foreign investment fell slightly from 2021 to 2022, adjusted for inflation.The numbers suggest that, in the early months after the bills were signed, the hundreds of billions of taxpayer dollars that Mr. Biden is directing toward manufacturing have not increased the overall amount of foreign direct investment in the economy. Instead, the laws appear to have shifted where foreign investment is being directed.A new analysis by the White House Council of Economic Advisers shows the composition of what’s known as capacity-enhancing spending on new structures or expansions of existing ones shifted rapidly toward factories, in line with one of Mr. Biden’s top economic goals.The analysis shows that two-thirds of foreign direct investment, excluding corporate acquisitions, was in manufacturing in 2022. That was more than double the average share from 2014 to 2021.The surge is small in the context of the overall economy. But administration officials call it an encouraging sign that multinational companies are being enticed to America by Mr. Biden’s industrial policy agenda. In the last year, the analysis notes, construction spending on new manufacturing facilities in the United States has increased significantly faster than in England, continental Europe or other wealthy Group of 7 nations.Administration officials say a Commerce Department survey of new foreign investment suggests investors pouring money into America’s factories are largely concentrated in Britain and continental Europe, along with Canada, Japan and South Korea. Half of 1 percent of the investment appears to be associated with China.That foreign investment is flowing largely to computer and electronics manufacturing, particularly of semiconductors, which were the centerpiece of a bipartisan industrial policy bill that Mr. Biden signed into law last summer. He also signed a climate, health and tax bill later that summer that included large new subsidies for renewable energy technology manufacturing.Since those laws were signed, companies have announced a flurry of planned investments in the United States. The administration tallies them at more than $500 billion. They include semiconductor plants in Arizona, advanced battery facilities in Georgia and much more. Many of the announced projects are from foreign companies, like Taiwan Semiconductor Manufacturing Company.Administration officials say shifting investment toward factories — even if the overall level of investment does not change — can produce positive spillovers for the economy. The White House analysis cites higher wages in manufacturing jobs and potential increases to productivity from foreign firms sharing knowledge with existing domestic manufacturers.“Foreign direct investment in manufacturing doesn’t just help us build up this critical sector in key focal areas of Bidenomics, such as semiconductors and clean energy,” said Jared Bernstein, the chair of the Council of Economic Advisers. “It also allows us to learn valuable production lessons from international companies in these and other areas.” More

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    In a Hot Job Market, the Minimum Wage Becomes an Afterthought

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    The federal wage floor of $7.25 is increasingly irrelevant when even most teenagers are earning twice that. But what happens when the economy cools?Under New Hampshire law, Janette Desmond can pay the employees who scoop ice cream and cut fudge at her Portsmouth sweet shop as little as $7.25 an hour.But with the state unemployment rate under 2 percent, the dynamics of supply and demand trump the minimum wage: At Ms. Desmond’s store, teenagers working their first summer jobs earn at least $14 an hour.“I could take a billboard out on I-95 saying we’re hiring, $7.25 an hour,” Ms. Desmond said. “You know who would apply? Nobody. You couldn’t hire anybody at $7.25 an hour.”The red-hot labor market of the past two years has led to rapid pay increases, particularly in retail, hospitality and other low-wage industries. It has also rendered the minimum wage increasingly meaningless.Nationally, only about 68,000 people on average earned the federal minimum wage in the first seven months of 2023, according to a New York Times analysis of government data. That is less than one of every 1,000 hourly workers. Walmart, once noted for its rock-bottom wages, pays workers at least $14 an hour, even where it can legally pay roughly half that.Hardly anyone makes $7.25 anymoreAverage number of workers earning federal minimum wage

    Note: 2023 data is through July.Source: Current Population Survey, via IPUMSBy The New York TimesThere are still places where the minimum wage has teeth. Thirty states, along with dozens of cities and other local jurisdictions, have set minimums above the federal mark, in some cases linking them to inflation to help ensure that pay keeps up with the cost of living.But even there, most workers earn more than the legal minimum.“The minimum wage is almost irrelevant,” said Robert Branca, who owns nearly three dozen Dunkin’ Donuts stores in Massachusetts, where the minimum is $15. “I have to pay what I have to pay.”As a result, the minimum wage has faded from the economic policy debate. President Biden, who tried and failed to pass a $15 minimum wage during his first year in office, now rarely mentions it, although he has made the economy the centerpiece of his re-election effort. The Service Employees International Union, which helped found the Fight for $15 movement more than a decade ago, has shifted its focus to other policy levers, though it continues to support higher minimum wages.Opponents, too, seem to have moved on: When Pennsylvania’s House of Representatives voted this year to raise the state’s $7.25 minimum wage to $15 by 2026, businesses, at least aside from seasonal industries in rural areas, shrugged. (The measure has stalled in the state’s Republican-controlled Senate.)“Our members are not concerned,” said Ben Fileccia, a senior vice president at the Pennsylvania Restaurant and Lodging Association. “I have not heard about anybody being paid minimum wage in a very long time.”The question is what will happen when the labor market cools. In inflation-adjusted terms, the federal minimum is worth less than at any time since 1949. That means that workers in states like Pennsylvania and New Hampshire could struggle to hold on to their recent gains if employers regain leverage.Congress hasn’t voted to raise the minimum wage since George W. Bush was president — in 2007, he signed a law to bring the floor to $7.25 by 2009. It remains there 14 years later, the longest period without an increase since the nationwide minimum was established in 1938.As the federal minimum flatlined, however, the Fight for $15 campaign was succeeding at the state and local levels. Cities like Seattle and San Francisco adopted a $15 minimum wage, followed by states like New York and Massachusetts. And while Republican legislatures opposed raising minimums, voters often overruled them: Missouri, Florida, Arkansas and other Republican-dominated states have passed increases through ballot measures in the past decade.Nationwide, the number of people earning the minimum wage fell steadily, from nearly two million when the $7.25 floor took effect to about 400,000 in 2019. (Those figures omit people earning less than the minimum wage, which can in some cases include teenagers, people with certain disabilities or tipped workers.)Then Covid-19 upended the low-wage labor market. Millions of cooks, waiters, hotel housekeepers and retail workers lost their jobs; those who stayed on as “essential workers” often received hazard pay or bonuses. As businesses began to reopen in 2020 and 2021, demand for goods and services rebounded much faster than the supply of workers to deliver them. That left companies scrambling for employees — and gave workers rare leverage.The result was a labor market increasingly untethered to the official minimum wage. In New Hampshire, the 10th percentile wage — the level at which 90 percent of workers earn more — was just above $10 in May 2019. By May 2022, that figure had jumped to $13.64, and local business owners say it has continued to rise.Making more than the minimumLow-wage workers are making more than their state’s minimum wage nearly everywhere, but especially in states that haven’t raised their wage floors above the federal level of $7.25 an hour. (The 10th percentile wage is the pay rate at which 90 percent of workers in a state earn more.)

    Notes: Minimum wages are as of January 2022. Pay data is as of May 2022. Minimum wages in some cities and localities may be higher than the state minimum.Source: Labor DepartmentBy The New York Times“Today you’re looking at $15 an hour and saying I wish that’s all we had to pay,” said David Bellman, who owns a jewelry store in Manchester, N.H.The unemployment rate in New Hampshire was low before the pandemic; at 1.7 percent in July, it is now among the lowest rates ever recorded anywhere in the country. Competition for workers is fierce: The Wendy’s on Mr. Bellman’s drive home from work advertises wages of $18 an hour. At his own store, he is paying $17 to $20 an hour and recently hired someone away from the local bagel shop — his son had noticed that she seemed like a hard worker.“Basically the only way to hire anybody is to take them away from somebody else,” Mr. Bellman said.New Hampshire is surrounded by states where the minimum wage is above $13, so if Granite State employers tried to offer substantially less, many workers could cross the border for a bigger paycheck. But even in states like Alabama and Mississippi, where the cost of living is lower and where few neighboring states have minimum wages above the federal standard, most employers are finding they have to pay well above $7.25.Paige Roberts, president and chief executive of the Jackson County Chamber of Commerce in Mississippi, said she was “nearly laughed out of a job” when she started asking members about paying the minimum wage. Entry-level jobs there pay about $12 an hour, according to the local unemployment office.In states with higher minimums, the picture is more nuanced. Faster hikes in the wage floor in the late 2010s forced up long-stagnant wages in fields like restaurants and retail. And some businesses, such as summer camps, say they are still paying the minimum wage for entry-level workers or those in training. But for the most part, the minimums no longer exert the strong upward pressure on pay that they did when they were adopted.When New Jersey passed a minimum-wage law in 2019, many businesses complained that the increases were too aggressive: The floor would rise by at least a dollar an hour every year until it hit $15 in 2024. But recently, the hot job market has levitated the wage scale even more.Jeanne Cretella starts workers in her New Jersey restaurants and event venues at $15 an hour, though the state’s minimum won’t reach that figure until next year.Hiroko Masuike/The New York Times“Covid kind of shifted things around a bit, as did inflation,” said Jeanne Cretella, whose business, Landmark Hospitality, operates 14 venues in New Jersey and Pennsylvania.Before the pandemic, dishwashers and other entry-level employees at Landmark typically made the minimum wage. These days, Ms. Cretella starts workers in New Jersey at $15 an hour, though the state’s minimum won’t hit that mark until next year.When the Fight for $15 movement began, many economists warned that raising the minimum wage too high or too quickly could lead to job losses. Some studies did find modest negative effects on employment, particularly for teenagers and others on the margins of the labor market. But for the most part, researchers found that pay went up without widespread layoffs or business failures.Some economists still wondered what would happen as $15 minimum wages spread beyond high-cost coastal cities. But that was before the pandemic reshaped the low-wage labor market.“We’re kind of in different territory now,” said Jacob Vigdor, an economist at the University of Washington who has studied the issue.Washington has the highest statewide minimum wage, at $15.74. Yet when Mr. Vigdor recently visited Aberdeen, a small town near the Pacific coast, all business owners wanted to talk about was how to retain workers.“I did not really hear a lot of concern about those minimum wages,” he said. “There the concern is that they’re losing people.”Still, economists say the minimum wage could become relevant again when the labor market eventually cools and workers lose bargaining power.David Neumark, a professor at the University of California, Irvine, said states with high minimum wages could be at a disadvantage in a recession, because employers would have to keep pay high as demand softened, potentially leading to layoffs.Other economists have the opposite concern: that workers in states where the minimum wage remains $7.25 could see their recent gains evaporate when they no longer have the leverage to demand more.“It’s as tenuous as it gets,” said Kathryn Anne Edwards, a labor economist and policy consultant. “The labor market has gained ground, but policy has not cemented that territory.”Despite the strong labor market, many workers say they barely get by.KaSondra Wood has spent much of her adult life working for the minimum wage, from the army depot where she held her first job, earning $5.15 an hour, to the Little Caesars where she made $7.25 as recently as last year.But not anymore: This summer, she started a job cleaning rooms at a local hotel, earning $12 an hour. Even in Oneonta, Ala., a rural area with few job opportunities, employers know better than to try hiring at the minimum wage.“They wouldn’t advertise for it, knowing they wouldn’t get anyone in there,” she said.But Ms. Wood, 38, hardly feels that she is getting ahead. The hotel is a 45-minute drive from her home, so gas eats up much of her paycheck, even though she car-pools with her mother. Groceries keep getting more expensive.“A couple years ago, $12 an hour would’ve been killer money,” she said. But now, it isn’t enough to pay her bills.“I don’t ever get caught up,” she said. “I’m broke by the time I get paid.” More