Regulation and Deregulation of Industry

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    Biden Nominates Julie Su as US Labor Secretary

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    President Biden’s choice to lead the Labor Department is the deputy to the incumbent, Martin J. Walsh, who is leaving the administration.President Biden on Tuesday announced his intention to nominate Julie Su, the deputy labor secretary, to succeed Labor Secretary Martin J. Walsh, who has said he plans to leave his position in March.Ms. Su has helped oversee the Department of Labor during an administration that has made strong overtures to organized labor and to workers, both by communicating support for workers who are striking or seeking to unionize and through a series of regulatory, enforcement and legislative actions.Among those initiatives are a rule that would make it more likely for workers to be considered employees, granting them access to a minimum wage and unemployment insurance, and legislation that provides incentives to owners of clean energy projects to pay wages similar to union rates.Ms. Su’s contribution to these administration achievements won her widespread backing from labor unions.“Julie Su is broadly respected by unions, cares about the plight of workers, and folks appreciate her ability to manage the plumbing inside of D.O.L. and make the case to the world,” said Patrick Gaspard, a former senior union official and ambassador to South Africa who now heads the Center for American Progress, a liberal think tank.If confirmed, Ms. Su will take over the department at a time of rising interest in labor organizing. The labor secretary has little formal role in promoting unionization; it is the National Labor Relations Board that enforces labor rights. But Mr. Biden leaned on his first labor secretary to encourage workers to unionize, appointing Mr. Walsh to a task force to explore ways to increase union membership and including him in a White House meeting with union organizers.Ms. Su would probably be deployed in a similar way and make the case for legislation that the administration had failed to enact, which could benefit Mr. Biden politically even if it was unlikely to pass the Republican-controlled House over the next two years.Among the assignments that may land on her desk are promoting the Protecting the Right to Organize Act, or PRO Act, which would make it easier for workers to unionize by threatening fines for employers that violated labor law, and elevating the importance of workers in service professions like child care and home care.Mr. Biden has proposed spending hundreds of billions of dollars to benefit care workers, but the proposals were largely absent from the legislation that Congress passed during his first two years in office. The PRO Act passed the House in 2021 but stalled in the Senate. It was reintroduced in Congress on Tuesday.In his announcement, Mr. Biden urged the Senate to advance Ms. Su’s nomination quickly “so that we can finish the job for America’s workers,” a refrain he appears to have adopted in support of an expected re-election campaign..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.If she is confirmed, Ms. Su’s opportunities to advance a new regulatory agenda will also be somewhat limited. As deputy labor secretary, she helped oversee the department’s push for rules designed to protect workers from Covid-19; a rule making it more likely for workers in the gig economy and elsewhere to be classified as employees rather than contractors; and a rule that would most likely raise the wages paid to workers on federally funded construction projects. The latter two rules have yet to be made final.Some Republicans cited concern over her involvement in advancing such regulations. “Deputy Secretary Su has a troubling record and is currently overseeing the Department of Labor’s development of anti-worker regulations that will dismantle the gig economy,” said Senator Bill Cassidy of Louisiana, the ranking Republican on the committee that will hold a hearing on her nomination, in a statement on Tuesday.But few high-profile regulatory items remain. The most prominent is a move to raise the cutoff below which most salaried workers are automatically eligible for time-and-a-half overtime pay. The current cutoff is about $35,500, and the Biden administration is expected to propose raising it substantially, likely setting up a challenge from the business community.A federal judge struck down a 2016 rule put forth by the Obama administration raising the cutoff to about $47,500.Ms. Su, a speaker of Mandarin whose parents were immigrants, served as head of California’s Labor and Workforce Development Agency before joining the Biden administration in 2021.The agency won praise from worker groups for being quick to establish rules protecting workers from hazards related to Covid-19, but critics highlighted accusations that the agency paid out billions in fraudulent unemployment claims. Ms. Su conceded that a large number of unemployment insurance payouts during the pandemic had been improper, and Republicans cited those accusations in opposing her 2021 nomination as deputy, which the Senate approved, 50 to 47.For several years before taking over the Labor and Workforce Development Agency in 2019, Ms. Su served as California’s labor commissioner — its top enforcer of minimum-wage and overtime laws. In that capacity, she was known as an innovative regulator, reorienting the agency so that it relied on worker complaints as the basis for investigations rather than random inspections of workplaces.She helped draw attention to cases in which employers cheated workers on minimum-wage and overtime payments with a public-relations campaign announcing that “Wage Theft Is a Crime.”Before entering government, she was known for her work in the 1990s on behalf of several dozen Thai seamstresses who had been forced to work in a Southern California sweatshop for far below the minimum wage until the authorities freed them. Ms. Su helped the workers win compensation from the companies that used the sweatshop as a supplier. The MacArthur Foundation cited her work on behalf of the workers when it awarded her a “genius” grant in 2001. More

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    Labor Board Curbs Gag Rules in Severance Agreements

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    The National Labor Relations Board said severance pacts requiring confidentiality and nondisparagement violated a law on collective worker activity.The National Labor Relations Board has ruled that it is generally illegal for companies to offer severance agreements that prohibit workers from making potentially disparaging statements about the employer or from disclosing details of the agreement.The ruling by the board, which has a Democratic majority, overturns a pair of 2020 decisions, when the board was controlled by Republicans and found that such severance agreements were not illegal on their face. It continues the labor board’s worker- and union-friendly trajectory under appointees of President Biden.The earlier decisions held that the severance agreements were illegal only if accompanied by other circumstances making them suspect, such as the possibility that they were being used to cover up the illegal firing of employees who tried to form a union.Still, Anne Lofaso, a professor of labor law at West Virginia University, said the latest decision was limited to rights under the National Labor Relations Act, such as employees’ rights to draw attention to unsafe working conditions, or to engage in other activities that protect or benefit workers as a group.She said an employer could still offer workers a severance agreement requiring them to give up their right to sue over, say, race discrimination under the Civil Rights Act of 1964.In the ruling, issued Tuesday, the board said it was returning to longstanding precedent. The 2020 standard, it said, ignored the fact that a severance package with confidentiality or nondisparagement provisions could on its own “unlawfully restrain and coerce” workers’ labor rights.“It’s long been understood by the board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights,” the board’s chairman, Lauren McFerran, said in a statement.Charlotte Garden, a professor of labor law at the University of Minnesota, said the 2020 approach had effectively tried to “narrow the rule to situations where an employer was trying to cover up their own previous unlawful activity and prohibit employees from talking about it.” The current ruling, she added, takes a broader view of when employees have the right to speak out.The case involved a Michigan hospital that permanently furloughed 11 union members during the pandemic. To receive severance benefits, they were required to sign an agreement that barred them from making statements that could disparage the hospital and from sharing the terms of the agreement.In furloughing the workers and offering them the agreement, the hospital also bypassed the union, depriving it of a chance to negotiate the terms, according to Tuesday’s ruling.In his dissent, Marvin Kaplan, the board’s lone Republican, argued that offering the severance agreement was illegal because the hospital circumvented the union, but not specifically because of its nondisclosure and nondisparagement provisions.Under Mr. Biden’s appointees, the labor board has moved relatively quickly to reinstate workers who it determines have been fired illegally. It has also issued rulings effectively expanding the financial remedies available to such workers and making it easier for a subset of employees within a workplace to unionize. More

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    Biden Labor Secretary to Depart to Run N.H.L. Players Union

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    Martin J. Walsh, a former mayor of Boston, was regarded as an unusually visible labor secretary.Labor Secretary Martin J. Walsh is leaving the Biden administration to become executive director of the National Hockey League Players’ Association, the union announced on Thursday.Mr. Walsh, a former Boston mayor who had led the city’s powerful Building and Construction Trades Council, helped to bolster the Biden administration’s pro-union credentials and usher in a period of more aggressive workplace regulation after the relatively hands-off approach during the Trump administration.Mr. Walsh said in a statement that he would leave the Labor Department in mid-March.Alongside President Biden, who has been more vocal about supporting unions than any other president in decades, Mr. Walsh was arguably the administration’s most visible proponent of unions. He joined Mr. Biden and Vice President Kamala Harris in meeting union organizers at the White House, and he served as vice chairman of an administration task force exploring how the federal government could increase union membership.Although union membership fell to 10.1 percent of the work force last year, the lowest rate on record, the country added nearly 300,000 union members amid a wave of worker organizing at major corporations including Starbucks, Amazon and Apple. (The rate fell because the work force grew even more rapidly.) Mr. Walsh cheered on the trend and warned employers to respect workers’ desire to unionize and refrain from coercive tactics.“As secretary of labor, I don’t appreciate that,” he said in an interview in August, when asked about complaints issued against Starbucks by the National Labor Relations Board. Workers who choose to organize “should be treated fairly and respectfully, not intimidated,” he added. Starbucks has denied violating labor law.Labor Organizing and Union DrivesTesla: A group of workers at a Tesla factory in Buffalo have begun a campaign to form the first union at the auto and energy company, which has fiercely resisted efforts to organize its employees.Apple: After a yearlong investigation, the National Labor Relations Board determined that the tech giant’s strictly enforced culture of secrecy interferes with employees’ right to organize.N.Y.C. Nurses’ Strike: Nurses at Montefiore Medical Center in the Bronx and Mount Sinai in Manhattan ended a three-day strike after the hospitals agreed to add staffing and improve working conditions.Amazon: A federal labor official rejected the company’s attempt to overturn a union victory at a warehouse on Staten Island, removing a key obstacle to contract negotiations between the union and the company.In the Inflation Reduction Act, the major climate and health bill that Mr. Biden signed last year, Mr. Walsh helped push for labor-friendly provisions, including incentives for the owners of clean energy projects to pay wages similar to union rates.When it came to regulation, Mr. Walsh’s approach was most visible in the Labor Department’s response to the Covid-19 pandemic. The Occupational Safety and Health Administration, an agency within the department, had declined to issue a new workplace rule governing Covid-19 under President Donald J. Trump.But Mr. Biden and Mr. Walsh pushed the agency to issue two so-called emergency standards — one outlining the steps employers in the health care industry would have to take to protect workers, and another requiring workers to either be vaccinated against the coronavirus or wear masks and be tested regularly. The Supreme Court blocked the latter rule, though it let stand a provision from another agency that required workers to be vaccinated at facilities that received funding from Medicare and Medicaid.After an executive order from Mr. Biden, the Labor Department also put forth a rule raising the minimum wage for federal contractors last year to $15 an hour. It proposed a rule that would make it more likely for millions of workers in industries like home care, construction and gig work to be classified as employees rather than independent contractors, guaranteeing them a minimum wage and overtime pay, and another that could raise the wages paid to construction workers on federally funded projects.It has recently cited six Amazon warehouses for creating work environments that have high risk for musculoskeletal injuries among workers. Amazon has said the accusations don’t reflect the steps it takes to ensure worker safety..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Ann Rosenthal, a longtime Labor Department lawyer who was at the department during the first year of the Biden administration, said Mr. Walsh was among the most effective of the 13 secretaries she served because of his credibility with unions and other worker advocates, his close relationship with Mr. Biden, and his political instincts and pragmatism. “He really checked all the boxes,” Ms. Rosenthal said.Mr. Walsh’s tenure at the department was not without controversy. Most prominent was the deal he helped broker in September between major freight rail carriers and a dozen unions representing more than 100,000 rail workers. The deal helped to avert a potentially crippling strike before the midterm elections and granted improvements in health benefits and wage increases of nearly 25 percent over five years.But the deal lacked paid sick days, and some workers complained that it did little to ease the grueling, unpredictable schedules that had put stress on their personal lives and health. Although members of four rail unions voted down the deal, the administration urged Congress to mandate the deal in November, and the president signed legislation enacting it. (Last week, one of the carriers, CSX, announced an agreement with unions that would provide four paid sick days a year for about 5,000 workers; a White House spokeswoman said Mr. Walsh had continued to push the rail carriers to offer paid sick leave.)Critics also complained that OSHA under Mr. Walsh didn’t go far enough in protecting workers from Covid-19. They said the agency should have devised regulations that applied to a variety of high-risk industries, such as meat processing, grocery and retail, not just health care. (The department said it had the power to ensure worker safety in these industries through other means, such as a so-called general duty clause.)Other rules, like the independent contractor rule and the one governing construction-worker wages, were proposed but not finalized during the first two years of the Biden administration — a delay that has worried some supporters.And Mr. Walsh and his administration colleagues failed in their efforts to win legislation that would have made it easier for workers to unionize, such as the Protecting the Right to Organize Act, or PRO Act, which would have blocked employers from requiring workers to attend anti-union meetings and made it possible to impose penalties on employers that violated labor law. The House passed the measure, but it stalled in the Senate.The Senate also killed a measure that would have granted consumers a $4,500 incentive to buy electric vehicles assembled at unionized plants in the country.A battery plant in Ohio that is a joint venture of General Motors and the South Korean manufacturer LG Energy Solution recently unionized. But without the kind of legislation that the Senate has balked at, unions face much longer odds in organizing at a proliferation of new battery and electric vehicle plants in the South.Mr. Walsh is a longtime fan of the Boston Bruins and has received political contributions from the hockey team’s owner. The Daily Faceoff, a hockey publication, previously reported on the contributions.The New York Times reported last month that Mr. Walsh was one of several candidates under consideration to replace Ron Klain as Mr. Biden’s chief of staff. That job eventually went to Jeffrey D. Zients. More

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    U.S. Courts India as Technology Partner to Counter China

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    American and Indian officials are working toward new partnerships in defense technology, advanced telecom and semiconductors.Officials from the United States and India agreed on Tuesday to expand cooperation on advanced weaponry, supercomputing, semiconductors and other high-tech fields, as the Biden administration looks to strengthen its connections with Asian allies and offset China’s dominance of cutting-edge technologies.The agreements followed two days of high-level meetings in Washington between government officials and executives from dozens of companies, the first under a new dialogue about critical and emerging technologies that President Biden and India’s prime minister, Narendra Modi, announced in Tokyo in May.Jake Sullivan, the U.S. national security adviser, told reporters on Tuesday that the goal was for technological partnerships to be “the next big milestone” in the U.S.-Indian relationship after a 2016 agreement on nuclear power cooperation. He described the effort as a “big foundational piece of an overall strategy to put the entire democratic world in the Indo-Pacific in a position of strength.”The agreements will be a test of whether the Biden administration can realize its proposal for “friendshoring” by shifting the manufacturing of certain critical components to friendly countries. Biden officials have expressed concerns about the United States’ continued heavy reliance on China for semiconductors, telecommunications parts and other important goods. In recent months they have clamped down on the sale of advanced semiconductor technology to China, in an effort to stymie an industry that the White House says could give China a military advantage.Many companies have found it difficult to obtain the factory space and skilled workers they would need to move their supply chains out of China. India has a highly skilled work force and a government that wants to attract more international investment, but multinational companies seeking to operate there continue to complain of onerous regulations, inadequate infrastructure and other barriers.Our Coverage of the Investment WorldThe decline of the stock and bond markets this year has been painful, and it remains difficult to predict what is in store for the future.2023 Predictions: There are plenty of forecasts coming for where the S&P 500 will be at the end of the year. Should you be paying attention to them?May I Speak to a Human?: Younger investors who are navigating market volatility and trying to save for retirement are finding that digital investment platforms lack the personal touch.Tips for Investors: When you invest and where matters for taxes. But a few rules of thumb can stave off some nasty surprises.Both Mr. Biden and Mr. Modi are also propelling closer U.S.-Indian cooperation in efforts to build out the industrial and innovation bases of their countries, Mr. Sullivan said.The partnerships announced on Tuesday include an agreement between the U.S. and Indian national science agencies to cooperate on artificial intelligence and advanced wireless technology, as well as in other areas.The countries also pledged to speed up their efforts to jointly produce and develop certain defense technologies, including jet engines, artillery systems and armored infantry vehicles. The United States said it would look to quickly review a new proposal by General Electric to produce a jet engine with India.Officials also said they would work together to facilitate the build-out of an advanced mobile network in India and look for new cooperation in semiconductor production, including efforts to help India bolster chip research and production that would complement major investments in the industry in the United States.The new dialogue would include efforts to work through regulatory barriers, as well as visa restrictions that have prevented talented Indians from working in the United States, the countries said.But experts said India would need to continue to reform its permitting and tax system to lure more foreign manufacturing companies. And the United States would need to reform restrictions on transferring defense-related technology outside the country, they said, if it hopes to work with India to produce jet engines and other advanced weapons.Analysts also noted that many of the technology partnerships would hinge on new connections between the countries’ private sectors, meaning that the agreements could go only so far.India’s frequent purchases of Russian military equipment and close ties with Russia also present another wrinkle to the planned partnership. But Biden officials said they believed that the cooperation could accelerate India’s move away from Russia, to the benefit of its relationship with the United States.On Monday, Mr. Sullivan, Commerce Secretary Gina Raimondo and India’s national security adviser, Ajit Doval, met with more than 40 company executives, university presidents and others, including executives from Lockheed Martin, Tata, Adani Defense and Aerospace, and Micron Technology.A semiconductor event last year in Bengaluru, India. A technology partnership “has the potential to take U.S.-India ties to the next level,” Tanvi Madan of the Brookings Institution said.Munsif VengattilReuters“It has the potential to take U.S.-India ties to the next level,” Tanvi Madan, a senior fellow at the Brookings Institution, said of the initiative. The trick, she added, will be “getting from potential and promises to outcomes.”“Many of the decisions to collaborate or not will be made in the private sector, and companies will be assessing the business case as much as, if not more than, the strategic case,” Ms. Madan said.India has traditionally been known as a difficult partner for the United States in trade negotiations. In the talks that the Biden administration is currently carrying out in Asia, known as the Indo-Pacific Economic Forum, India bowed out of the trade portion of the deal, though it has continued to negotiate in areas like clean energy, supply chains and labor standards.But analysts said the Indian government was far more motivated on national security matters, and particularly tempted by the prospects of working with the United States to cultivate cutting-edge tech industries.“We both have a common purpose here, which is the fear that China is going to eat our lunch in all the sectors unless we find areas to cooperate and collaborate,” said Richard M. Rossow, a senior adviser at the Center for Strategic and International Studies. More

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    Netherlands and Japan Said to Join U.S. in Curbing China’s Access to Chip Tech

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    A new agreement is expected to expand the reach of U.S. technology restrictions on China issued last year.WASHINGTON — The Netherlands and Japan, both makers of some of the world’s most advanced equipment for manufacturing semiconductors, agreed on Friday to join with the United States in barring some shipments of their most high-tech machinery to China, people familiar with the agreement said.The agreement, which followed high-level meetings with U.S. national security officials in Washington, will help expand the reach of sweeping restrictions issued unilaterally by the Biden administration in October on the kinds of semiconductor technology that can be shared with China.The countries did not publicly announce the agreement, because of its sensitivity, and details remain unclear. But the deal seems likely to put technology industries in the countries on a more even footing, preventing companies in Japan and the Netherlands from rushing in to claim market share in China that has been abandoned by U.S. firms. American companies have said that possibility would put them at a disadvantage.More on JapanMissing a Successor: An owner’s struggle to find someone to take over his thriving business illuminates the potentially devastating economic effects of an aging society.Tech Workers: Japanese companies are trying to lure highly educated Indians to fill a shortage of IT engineers. Can they make their country appealing to them?Hiroyuki Nishimura: This celebrity entrepreneur and author has become a voice for disenchanted young Japanese. What he talks about much less is his ownership of 4chan.A Policy Change: Japan’s central bank unexpectedly announced in December that it was adjusting its stance on bond purchases. This is why that matters.The White House and the Dutch government declined to comment. The Japanese government did not immediately respond to a request for comment.The United States imposed strict controls in October on the sale to China of both semiconductors and the machines used to make them, arguing that Beijing could use the technology for military purposes, like breaking American codes or guiding hypersonic missiles. But well before those restrictions were issued, the United States had been pressing the Netherlands and Japan to further limit the advanced technology they export to China.The October rules also clamped down on certain shipments to China from countries outside the United States. Using a novel regulation called the foreign direct product rule, the Biden administration barred companies that use American technology, software or inputs from selling certain advanced semiconductors to China. But these measures applied only to chips, not the machinery used to make them.Instead, the White House continued to press allies to pass restrictions limiting the sales of semiconductor manufacturing equipment by firms like the Dutch company ASML or Tokyo Electron in Japan. The White House argued that the sale of this advanced machinery to China created the danger that Beijing could one day make its own versions of the advanced products it could no longer buy from the United States.The negotiations, which are likely to continue, have had to overcome both commercial and logistical concerns. Like the Americans, the Dutch and Japanese were concerned that if they pulled out of the Chinese market, foreign competitors would take their place, said Emily Benson, a senior fellow at the Center for Strategic and International Relations, a Washington think tank. Over time, that “could impact their ability to maintain a technological edge over competitors,” she said.The Dutch government has already forbidden sales of its most advanced semiconductor machinery, called extreme ultraviolet lithography systems, to China. But the United States has encouraged the Dutch to also limit a slightly less advanced system, called deep ultraviolet lithography. The deal reached Friday includes at least some restrictions on that equipment, according to one person familiar with its terms.Governments have also faced questions about whether they possess the legal authority to issue restrictions like the United States, as well as extensive technical discussions about which technologies to restrict. Japan and the Netherlands will still likely require some time to make changes to their laws and regulations to put new restrictions in place, Ms. Benson added, and it could take months or years for restrictions in the three countries to mirror one another. More

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    California Voters to Decide on Regulating Fast-Food Industry

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    Pre-empting a law signed last year, business groups forced a ballot initiative on state oversight of wages and working conditions.LOS ANGELES — A California law creating a council with broad authority to set wages and improve the working conditions of fast-food employees has been halted after restaurant and trade groups submitted enough signatures to place the issue before voters next year.Officials from the California secretary of state’s office announced late Tuesday that Save Local Restaurants, a broad coalition of small-business owners, large corporations, restaurateurs and franchisees, had turned in enough valid signatures to stop the law from taking effect.The group, which has raised millions of dollars to oppose the law, had to submit roughly 623,000 valid voter signatures by an early December deadline to place a question on the 2024 ballot asking California voters if the law should take effect.Legislation signed in September by Gov. Gavin Newsom, a Democrat, would set up a 10-member council of union representatives, employers and workers to oversee the fast-food industry’s labor practices in the state.The panel would have the authority to raise the minimum wage of fast-food workers to as much as $22 an hour — well above the statewide minimum of $15.50. In addition, the council would oversee health, safety and anti-discrimination regulations for nearly 550,000 fast-food workers statewide.More on CaliforniaA Wake of Tragedy: California is reeling after back-to-back mass shootings in Monterey Park and Half Moon Bay.Storms and Flooding: A barrage of powerful storms has surprised people in the state with an unrelenting period of extreme weather that has caused extensive damage across the state.New Laws: A new year doesn’t always usher in sweeping change, but in California, at least, it usually means a slate of new laws going into effect.Wildfires: California avoided a third year of catastrophic wildfires because of a combination of well-timed precipitation and favorable wind conditions — or “luck,” as experts put it.Opponents including the International Franchise Association and the National Restaurant Association argued that the measure, Assembly Bill 257, singled out their industry and would in turn burden businesses with higher labor costs that would be passed along to consumers in higher food prices.Matt Haller, president of the International Franchise Association, said the bill “was a solution in search of a problem that didn’t exist.”“Californians have spoken out to prevent this misguided policy from driving food prices higher and destroying local businesses and the jobs they create,” Mr. Haller said.Last year, the Center for Economic Forecasting and Development at the University of California, Riverside, released a study that estimated that employers would pass along one-third of labor compensation increases to consumers.But Mr. Newsom, in signing the measure, said it “gives hardworking fast-food workers a stronger voice and seat at the table to set fair wages and critical health and safety standards across the industry.”Mary Kay Henry, president of the Service Employees International Union, a staunch proponent of the measure, assailed fast-food corporations.“Instead of taking responsibility for ensuring workers who fuel their profits are paid a living wage and work in safe, healthy environments, corporations are continuing to drive a race to the bottom in the fast-food industry,” Ms. Henry said. “It’s morally wrong, and it’s bad business.”The effort to put the issue before voters follows a playbook used by large corporations to circumvent lawmakers in Sacramento. In 2019, state lawmakers passed a measure that required companies like Uber and Lyft to treat gig workers as employees. The companies opposed the measure and helped get a proposition on the 2020 ballot allowing them to treat drivers as independent contractors. The measure passed with nearly 60 percent of the vote.The fast-food law has been closely watched by the industry’s workers across California, including  Angelica Hernandez, 49, who has worked at McDonald’s restaurants in the Los Angeles area for 18 years.“We are undeterred, and we refuse to back down,” Ms. Hernandez said. “We can’t afford to wait to raise pay to keep up with the skyrocketing cost of living and provide for our families.”Alison Morantz, a professor at Stanford Law School who focuses on employment law, said what made the law unusual was “its holistic approach to addressing a wide range of problems in a traditionally nonunionized industry — not just low and stagnating wages, but also employment discrimination and poor safety practices.”“If it takes effect, it will be closely watched and could become a harbinger of similar efforts in other worker-friendly jurisdictions,” Ms. Morantz said. More

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    White House Aims to Reflect the Environment in Economic Data

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    The Biden administration has set out to measure the economic value of ecosystems, offering new statistics to weigh in policy decisions.Forests that keep hillsides from eroding and clean the air. Wetlands that protect coastal real estate from storm surges. Rivers and deep snows that attract tourists and create jobs in rural areas. All of those are natural assets of perhaps obvious value — but none are accounted for by traditional measurements of economic activity.On Thursday, the Biden administration unveiled an effort to change that by creating a system for assessing the worth of healthy ecosystems to humanity. The results could inform governmental decisions like which industries to support, which natural resources to preserve and which regulations to pass.The administration’s special envoy for climate change, John Kerry, announced the plan in a speech at the World Economic Forum, the annual gathering of political and business leaders in Davos, Switzerland. “With this plan, the U.S. will put nature on the national balance sheet,” he said.The initiative will require the help of many corners of the executive branch to integrate the new methods into policy. The private sector is likely to take note as well, given rising awareness that extreme weather can wreak havoc on assets — and demand investment in renewable energy and sustainable agriculture.In the past, such undertakings have been politically contentious, as conservatives and industry groups have fought data collection that they saw as an impetus to regulation.A White House report said the effort would take about 15 years. When the standards are fully developed and phased in, researchers will still be able to use gross domestic product as currently defined — but they will also have expanded statistics that take into account a broader sweep of nature’s economic contribution, both tangible and intangible.Those statistics will help more accurately measure the impact of a hurricane, for example. As currently measured, a huge storm can propel economic growth, even though it leaves behind muddied rivers and denuded coastlines — diminishing resources for fishing, transportation, tourism and other economic uses.“You can look at the TV and know that we’ve lost beaches, we’ve lost lots of stuff that we really care about, that makes our lives better,” said Eli Fenichel, an assistant director at the White House Office of Science and Technology Policy. “And you get an economist to go on and say, ‘G.D.P.’s going to go up this quarter because we’re going to spend a lot of money rebuilding.’ Being able to have these kinds of data about our natural assets, we can say, ‘That’s nice, but we’ve also lost here, so let’s have a more informed conversation going forward.’”John Kerry, the White House’s special envoy on climate, in Davos, Switzerland, this week. A Biden administration plan would incorporate the value of ecosystems into measurements of economic activity.Markus Schreiber/Associated PressTaking nature into economic calculations, known as natural capital accounting, is not a new concept. As early as the 1910s, economists began to think about how to put a number on the contribution of biodiversity, or the damage of air pollution. Prototype statistics emerged in the 1970s, and in 1994, the Commerce Department’s Bureau of Economic Analysis proposed a way to augment its accounting tools with measures of environmental health and output.But Congress ordered the bureau to halt its efforts until an independent review could be completed. States whose economies depend on drilling, mining and other forms of natural resource extraction were particularly worried that the data could be used for more stringent regulation.“They thought that anything that measured the question of productivity of natural resources was inherently an environmental trick,” a Commerce Department official said afterward. Five years later, that independent review was completed in a report for the National Academy of Sciences. The academy panel — led by the Yale economist William Nordhaus, who went on to win the Nobel Prize for his work on the economic impact of climate change — said the bureau should continue.“Natural resources such as petroleum, minerals, clean water and fertile soils are assets of the economy in much the same way as are computers, homes and trucks,” the report read. “An important part of the economic picture is therefore missing if natural assets are omitted in creating the national balance sheet.”While the United States lagged, other countries moved ahead with incorporating nature into their core accounting. The United Nations developed a framework for doing so over the last decade that supported decisions such as assessing the impact of shrinking peat land and protecting an endangered species of tree. Britain has been publishing environmental-economic statistics for several years as well. International groups like the Network for Greening the Financial System, which includes most of the world’s central banks, use some of these techniques for assessing systemic risk in the financial system.The proposed plan will take into account a broader sweep of nature’s economic contribution, both tangible and intangible.Chanell Stone for The New York TimesSkepticism about including environmental considerations in economic and financial decision-making remains in the United States, where conservatives have disparaged investing guidelines that put a priority on a company’s performance along environmental, social and governance lines. The social cost of carbon, another measurement tool for assessing the economic impact of regulations through their effect on carbon emissions, was set close to zero during the Trump administration and has been increased significantly under President Biden.Understand Inflation and How It Affects YouFederal Reserve: Federal Reserve officials kicked off 2023 by grappling with a thorny question: How should central bankers understand inflation after 18 months of repeatedly misjudging it?Social Security: The cost-of-living adjustment, which helps the benefit keep pace with inflation, is set for 8.7 percent in 2023. Here is what that means.Tax Rates: The I.R.S. has made inflation adjustments for 2023, which could push many people into a lower tax bracket and reduce tax bills.Your Paycheck: Inflation is taking a bigger and bigger bite out of your wallet. Now, it’s going to affect the size of your paycheck in 2023.Benjamin Zycher, a senior fellow at the right-leaning American Enterprise Institute, expressed concern Thursday that the new approach would introduce a degree of subjectivity.“I think there’s a real danger that if in fact they’re trying to put environmental quality values into the national accounts, there’s no straightforward way to do that, and it’s impossible that it wouldn’t be politicized,” Dr. Zycher said in an interview. “That’s going to be a process deeply fraught with problems and dubious interpretations.”Few economic statistics are a perfect representation of reality, however, and all of them have to be refined to make sure they are consistent and comparable over time. Measuring the value of nature is inherently tricky, since there is often no market price to consult, but other sources of information can be equally illuminating. The Bureau of Economic Analysis has undertaken other efforts to measure the value of services that are never sold, like household labor.“That’s exactly why we need this sort of strategy,” said Nathaniel Keohane, president of the Center for Climate and Energy Solutions, a research and advocacy group. “To really develop the data we need so that it’s not subjective, and make sure we are really devoting the same quality control and focus on integrity that we do to other areas of economic statistics.”The strategy does not pretend to cover every aspect of nature’s value, or solve problems of environmental justice simply by more fully incorporating nature’s contribution, particularly for Indigenous communities. Those concerns, said Rachelle Gould, an associate professor of environmental studies at the University of Vermont, will need to be prioritized separately.“There are a lot of other ways nature matters that can’t be accounted for in monetary terms,” Dr. Gould said. “It’s appropriately cautious about what might be possible.” More

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    U.S. Moves to Bar Noncompete Agreements in Labor Contracts

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    A sweeping proposal by the Federal Trade Commission would block companies from limiting their employees’ ability to work for a rival.In a far-reaching move that could raise wages and increase competition among businesses, the Federal Trade Commission on Thursday unveiled a rule that would block companies from limiting their employees’ ability to work for a rival.The proposed rule would ban provisions of labor contracts known as noncompete agreements, which prevent workers from leaving for a competitor or starting a competing business for months or years after their employment, often within a certain geographic area. The agreements have applied to workers as varied as sandwich makers, hairstylists, doctors and software engineers.Studies show that noncompetes, which appear to directly affect roughly 20 percent to 45 percent of U.S. workers in the private sector, hold down pay because job switching is one of the more reliable ways of securing a raise. Many economists believe they help explain why pay for middle-income workers has stagnated in recent decades.Other studies show that noncompetes protect established companies from start-ups, reducing competition within industries. The arrangements may also harm productivity by making it hard for companies to hire workers who best fit their needs.The F.T.C. proposal is the latest in a series of aggressive and sometimes unorthodox moves to rein in the power of large companies under the agency’s chair, Lina Khan.President Biden hailed the proposal on Thursday, saying that noncompete clauses “are designed simply to lower people’s wages.”“These agreements block millions of retail workers, construction workers and other working folks from taking a better job, getting better pay and benefits, in the same field,” he said at a cabinet meeting.The public will be allowed to submit comments on the proposal for 60 days, at which point the agency will move to make it final. An F.T.C. document said the rule would take effect 180 days after the final version was published, but experts said it could face legal challenges.The agency estimated that the rule could increase wages by nearly $300 billion a year across the economy. Evan Starr, an economist at the University of Maryland who has studied noncompetes, said that was a plausible wage increase after their elimination.Dr. Starr said noncompetes appeared to lower wages both for workers directly covered by them and for other workers, partly by making the hiring process more costly for employers, who must spend time figuring out whom they can hire and whom they can’t.The State of Jobs in the United StatesEconomists have been surprised by recent strength in the labor market, as the Federal Reserve tries to engineer a slowdown and tame inflation.Retirees: About 3.5 million people are missing from the U.S. labor force. A large number of them, roughly two million, have simply retired.Switching Jobs: A hallmark of the pandemic era has been the surge in employee turnover. The wave of job-switching may be taking a toll on productivity.Delivery Workers: Food app services are warning that a proposed wage increase for New York City workers could mean higher delivery costs.A Self-Fulfilling Prophecy?: Employees seeking wage increases to cover their costs of living amid rising prices could set off a cycle in which fast inflation today begets fast inflation tomorrow.He pointed to research showing that wages tended to be higher in states that restrict noncompetes. One study found that wages for newly hired tech workers in Hawaii increased by about 4 percent after the state banned noncompetes for those workers. In Oregon, where new noncompetes became unenforceable for low-wage workers in 2008, the change appeared to raise the wages of hourly workers by 2 percent to 3 percent.Although noncompetes appear to be more common among more highly paid and more educated workers, many companies have used them for low-wage hourly workers and even interns.About half of states significantly constrain the use of noncompetes, and a small number have deemed them largely unenforceable, including California.But even in such states, companies often include noncompetes in employment contracts, and many workers in these states report turning down job offers partly as a result of the provisions, suggesting that these state regulations may have limited effects. Many workers in those states are not necessarily aware that the provisions are unenforceable, experts say.“Research shows that employers’ use of noncompetes to restrict workers’ mobility significantly suppresses workers’ wages — even for those not subject to noncompetes, or subject to noncompetes that are unenforceable under state law,” Elizabeth Wilkins, the director of the F.T.C.’s office of policy planning, said in a statement.The commission’s proposal appears to address this issue by requiring employers to withdraw existing noncompetes and to inform workers that they no longer apply. The proposal would also make it illegal for an employer to enter into a noncompete with a worker or to try to do so, or to suggest that a worker is bound by a noncompete when he or she is not.The proposal covers not just employees but also independent contractors, interns, volunteers and other workers.Lina Khan, the F.T.C. chair, has tried to use the agency’s authority to limit the power and influence of corporate giants.Graeme Sloan, via Associated PressDefenders of noncompetes argue that employees are free to turn down a job if they want to preserve their ability to join another company, or that they can bargain for higher pay in return for accepting the restriction. Proponents also argue that noncompetes make employers more likely to invest in training and to share sensitive information with workers, which they might withhold if they feared that a worker might quickly leave.A ban “ignores the fact that, when appropriately used, noncompete agreements are an important tool in fostering innovation,” Sean Heather, a senior vice president at the U.S. Chamber of Commerce, said in a statement.At least one study has found that greater enforcement of noncompetes leads to an increase in job creation by start-ups, though some of its conclusions are at odds with other research.Dr. Starr said that noncompetes did appear to encourage businesses to invest more in training, but that there was little evidence that most employees entered into them voluntarily or that they were able to bargain over them. One study found that only 10 percent of workers sought to bargain for concessions in return for signing a noncompete. About one-third became aware of the noncompete only after accepting a job offer.Michael R. Strain, an economist at the American Enterprise Institute, said that while there were good reasons to scale back noncompetes for lower-wage workers, the rationale was less clear for better-paid workers with specialized knowledge or skills.“If your job is to make minor tweaks to the formula for Coca-Cola and you’re one of 25 people on earth who knows the formula,” Dr. Strain said, speaking hypothetically, “it makes total sense that Coca-Cola might say, ‘We don’t want you to go work for Pepsi.’”He said that it might be possible to satisfy an employer’s concerns with a less blunt tool, like a nondisclosure agreement, but that the evidence for this was lacking.In a video call with reporters on Wednesday, Ms. Khan said she believed the F.T.C. had clear authority to issue the rule, noting that federal law empowers the agency to prohibit “unfair methods of competition.”But Kristen Limarzi, a partner at Gibson, Dunn & Crutcher who previously served as a senior official in the antitrust division of the Justice Department, said she believed such a rule could be vulnerable to a legal challenge. Opponents would probably argue that the relevant federal statute is too vague to guide the agency in putting forth a rule banning noncompetes, she said, and that the evidence the agency has on their effects is still too limited to support a rule.At the helm of the F.T.C. since last year, Ms. Khan has tried to use the agency’s authority in untested ways to rein in the power and influence of corporate giants. In doing so, she and her allies hope to reverse a turn in recent decades toward more conservative antitrust law — a shift that they say enabled runaway concentration, limited options for consumers and squeezed small businesses.Ms. Khan has brought lawsuits in recent months to block Meta, Facebook’s parent company, from buying a virtual reality start-up and Microsoft from buying the video game publisher Activision Blizzard. Both cases employ less common legal arguments that are likely to face heavy scrutiny from courts. But Ms. Khan has indicated she is willing to lose cases if the agency ends up taking more risks.Ms. Khan and her counterpart at the Justice Department’s antitrust division, Jonathan Kanter, have also said they want to increase the focus of the nation’s antitrust agencies on empowering workers. Last year, the Justice Department successfully blocked Penguin Random House from buying Simon & Schuster using the argument that the deal would lower compensation for authors.One question looming over the discussion of noncompetes is what effect banning them may have on prices during a period of high inflation, given that limiting noncompetes tends to raise wages.But the experience of the past two years, when rates of quitting and job-hopping have been unusually high, suggests that noncompetes may not currently be as big an obstacle to worker mobility as they have traditionally been. Partly as a result, banning them may not have much of a short-term effect on wages.Instead, some economists say, the more pronounced effect of a ban may come in the intermediate and long term, once the job market softens and workers no longer have as much leverage. At that point, noncompetes could begin to weigh more heavily on job switching and wages again.“Doing something like this is a way to help sustain the increase in worker power over the last couple of years,” said Heidi Shierholz, president of the liberal Economic Policy Institute, who was chief economist at the Labor Department during the Obama administration.David McCabe More