What’s Good for the Goose I: Practice What You Preach

The Star-Ledger has editorialized strongly in favor of a $15 per hour minimum wage, here, here, and here.((These editorials are slightly dated, but they are what I found with a quick search of NJ.com, and I doubt the newspaper’s position has changed.))

It is certainly entitled to take that position, and the point of this post is not its merits. I only ask that the newspaper have the courage of its convictions and implement that minimum for its own operations.

Yesterday morning (and often before) the newspaper published an advertisement soliciting newspaper carriers to make morning deliveries for several publications, including the Star-Ledger. The ad indicated that carriers would be paid “up to” $1,200 per month for three to four hours of work a day.((Carriers also have to supply their own, insured, automobile and there was no mention of a mileage payment.))

How do the employment terms offered compare to a $15 per hour minimum wage? Lets look at the best case scenario. Three hours a day for seven days a week is 21 hours of work a week. If you divide the $1,200 monthly remuneration by the four full weeks in a month, you get $300. That weekly pay of $300 divided by 21 hours results in an hourly wage of $14.29.((All figures are rounded to the nearest whole cent.)) But this figure is not really accurate because most months have a few more days than four full weeks, so let’s annualize it. The monthly pay of $1,200 multiplied by 12 months results in annual pay of $14,400. Three hours a day multiplied by 365 days per year yields 1,095 hours. The hourly wage using those figures is $13.15.

Even that calculation is a best case scenario, because the $1,200 monthly income is an “up to” figure and I used the smaller possible number of hours required. The resulting figures for four hours per day are $10.71 ($300 for 28 hours of work per week) and $9.86 ($14,400 for 1,460 hours of work per year. (As the higher pay is probably related to the larger routes, I would think it would require the greater number of hours.)

I understand that the Star-Ledger is somewhat shielded because as I read the advertisement, the carriers will not be working directly for the newspaper but for a third-party contractor. However, I also suspect that the people who have to start their day at 3:00 or 4:00 in the morning to deliver newspapers are probably exactly those whom the editorials mention at the beginning of this post are trying to help with a minimum wage of $15 per hour. The Star-Ledger could insist as a term of its contract that all workers delivering its newspaper be paid at that rate. It would probably cost the paper more to get the service then, but that is exactly the position that many employers would be in with an increase of that magnitude.

Jay Bohn
June 7, 2021

Counterpoints Miss the Point

As a reader of news, I have noted that a common form of journalism is the “point-counterpoint” story, where a newspaper publishes a story that starts with the views of one side of an issue and concludes with the opposing view. In at least two recent examples, Lehigh Valley Live (the on-line version of the Express-Times) and NJ.com (the on-line version of the Star-Ledger) have each published such a story where the comments published as the counterpoint do not fairly meet the point.

The first of these examples was published on March 29, 2021, and involves litigation over the the conduct of during the tenure of the late Edward Bullock, who resigned as sheriff of Warren County in 1991. [“Rare statement from Warren County about sex-abuse cases involving ex-sheriff stuns accusers” (note that this is a “subscriber exclusive” story; you cannot access it without some form of subscription).] Plaintiffs in several lawsuits filed starting in 2013 allege that Bullock sexually abused young men in his custody and that his conduct was widely known throughout the courthouse and that Warren County is liable for the conduct and the failure of others to stop it. (I take this characterization from this story and others; as they report, the record in some of the lawsuits themselves is sealed. I take no position on either the factual or the legal merits of the lawsuits.)

The Lehigh Valley Live article reports that Warren County issued a press release (County website / Facebook) criticizing the distribution of “flyers and pamphlets . . . by at least one victim ahead of a planned April 27 protest at the county courthouse . . . that will call on Warren County to end its fight against lawsuits over the county’s alleged role in the sheriff’s abuses.” The press release particularly objects to the attribution of any role in the conduct which is the subject of the lawsuits to the current county commissioners, none of whom were in office (and one of whom had not even been born) during the relevant time period. Point.

The counterpoint quotes from the attorney for three of the plaintiffs and one of the plaintiffs himself. The attorney said he was surprised at the County’s statement and will use it as a basis for a forthcoming motion to unseal the record in the cases. The one plaintiff “said the county’s public position is another example of officials’ ‘unconscionable treatment of child sex-trafficking victims.’” The flyers and pamphlets (and a Facebook page shown in the article which in turn links to a website) are apparently attempts to pressure the current County government to abandon defending against the lawsuits.

The “point” does not not contend that the plaintiffs in the lawsuits are lying (in fact it does not address the merits of the lawsuits at all). The counterpoint is all about the merits and apparently the position that any defense against the claims is illegitimate.

The second example was posted on NJ.com on April 12, 2021, and is actually a point – counterpoint – second counterpoint story: “Christie criticizes Biden’s spending proposal, calling it a ‘faux infrastructure package’ .” This story reports former NJ governor Chris Christie’s statement over the weekend criticizing President Biden for describing his proposal as an infrastructure proposal, a viewpoint expressed by other Republicans as noted in the article. Christie is quoted as identifying real infrastructure components as including “roads, bridges, tunnels, rail, broadband” but certainly not $400 billion in Medicaid funding, for which he says the President should make the case without untruthfully calling it “infrastructure.”

The source of the first counterpoint is not identified (presumably it reflects the opinion on the author of the article, which is not labeled as an opinion piece). The article mentions three actions taken by Christie which are presumably to be interpreted as inconsistent with his current point on what does or does not constitute “infrastructure”: first, it notes that in a speech during his 2016 presidential campaign Christie called for building “the necessary infrastructure” for the distribution of oil and gas supplies; second (and third) , it states that he signed legislation in 2015 entitled the Water Infrastructure Protection Act and in 2010 legislation under NJ’s Environmental Infrastructure Trust to help fund water and sewer infrastructure projects.

If the point is that Christie is being inconsistent in his definition of “infrastructure,” it is a bit too subtle for me. Pipelines (even controversial ones) for the transmission of oil, gas, water and sewer are certainly infrastructure; I simply do not believe that you can take the quoted reference to “roads, bridges, tunnels, rail, broadband” at the beginning of the article as meaning that these types of projects are the only ones that qualify as infrastructure.

The second (real) counterpoint includes the assertion by Jennifer Granholm, the Secretary of Energy, that the definition of infrastructure has changed over the years. In an unfortunate example for the counterpoint she cites broadband as an example of a new type of infrastructure. I say “unfortunate” because Christie’s statement noted earlier specifically listed broadband as a type of infrastructure. The article then quotes Granholm as saying “We don’t want to use past definitions of infrastructure, when we are moving into the future . . . .”

Juliet’s rose by any other name might smell as sweet, but calling Romeo’s Medicaid expansion infrastructure does not make it so.

In both of these point-counterpoint stories the counterpoint misses the point.

Jay Bohn
April 15, 2021

The News Media Should Give Us More Details — Not Just Conclusions

We’re busy. Even though the internet gives us the ability to obtain information more directly than ever before, it is often difficult to find and takes too much trouble (not to mention thought), so we just accept the summary given by others, both traditional media outlets and tweets and posts on the internet.

We expect the media to report facts, but lately I’ve been seeing more conclusions, or at least extremely general summaries. One example is the current coverage of the changes to certain of Georgia’s election laws. Because these changes roll back some measures that reduced inconveniences connected with voting (some of which measures were established only due to the COVID emergency), the changes are described as voter suppression

I imagine that much the same can be said about coverage of other election-related bills in state legislatures around the country.

Since I expect to use many of my posts to take the traditional media to task for weak or opinionated reporting, it is only fair that I also note good efforts from time to time. Recently ABC News had an online story Breaking down claims about Georgia’s election law: What’s true and what’s not? This article analyzed claims about various features of the law and advised where both parties were being less than accurate.

Some Weaknesses in NJ.com’s Arguments Against the SALT Deduction Limit

One of the more controversial aspects of the Tax Cuts and Jobs Act of 2017, 115–97, 131 Stat. 2054, was the limitation of the deduction for State and local taxes (sometimes called “SALT”) to $10,0000. Since the passage of the act, the Star-Ledger‘s website, NJ.com, has published quite a few “articles” criticizing that change and advocating for its repeal or evasion. Two such recent articles are Biden’s new infrastructure bill should also restore your property tax break, Pelosi says (posted April 1, 2021), and Murphy leads new effort by governors to restore your property tax break (first posted April 2, 2021).

It is not my purpose here to argue for or against the SALT deduction cap. What I want to do is discuss the argument set forth in many of the criticisms that the cap unfairly impacts New Jersey and other high-tax States which pay more in taxes than they get back in federal spending and was meant to punish New Jersey and those other States for being “blue,” more likely to support Democrats than Republicans. I will also comment on NJ.com’s failure to label these articles as opinion pieces.

From the beginning of the federal income tax and varying over time, a deduction has been allowed for taxes paid to State and local governments. Among the changes over time was the elimination of the deductibility of sales taxes in the Internal Revenue Code of 1986. (Subsequently the tax code was amended to allow a taxpayer to deduct either income taxes or sales taxes, but not both.) At least as applied recently, state and local taxes may only be deducted if the taxpayer itemizes deductions. A taxpayer who does not itemize can take the “standard” deduction, which is based on filing status.

Prior to the passage of the act, the deductibility of state and local taxes might well have encouraged states and localities to provide and finance services through general taxation because, it could be argued, the cost was partially subsidized by the federal government. For example, a municipality could provide (or contract for) garbage service for its homeowners because the local taxes were deductible where the cost of a private garbage hauler was not.

With the adoption of a SALT deduction cap of $10,000 (not much higher than the average property tax bill in New Jersey, to say nothing of State income tax), States and local governments where taxes exceeded the cap could expect to experience increased public pressure to reduce those taxes. Such governments opposed the cap when the bill was in Congress, challenged it in the courts, and have constantly sought its repeal. In February Forbes published an interesting piece discussing some of the repeal arguments.

Among the arguments published in NJ.com that the SALT deduction cap was unfair is the assertion that New Jersey pays more in federal taxes than it gets back. For example, in this article NJ.com cites a report from New York State Comptroller Thomas DiNapoli, which concluded that in the federal fiscal year 2018 (“FFY 2018”) New Jersey received only 79 cents from every dollar, fiftieth of the fifty states.

This is the argument I want to address.

First, its rests on the attribution of taxes paid by New Jersey residents as coming from the State itself rather than in large part by its residents.

Second, it assumes that there is some requirement of equivalency between taxes paid and federal spending within the State. Indeed, one element of the rhetoric contained in quotes from some members of Congress in these articles is calling the States which receive more in federal spending “moochers.” (Name-calling, especially by members of Congress, does not elevate public discourse, and is little different that President Trump’s rightly criticized use of Twitter to insult those with whom he disagreed.) If States that receive more in federal spending than their residents pay in federal taxes are “moocher states,” then are not New Jersey’s local government entities in the same position “moocher counties” and “moocher municipalities”? Indeed, why not measure the balance at the individual taxpayer level?

Lets look at some of the elements of the federal spending that go into this calculation. The New York State Comptroller’s report which NJ.com cites indicates that 62% of federal spending allocated to states in FFY 2018 consisted of direct payments to or on behalf of individuals. The two largest components of this category are social security and medicare, which together comprise 71% of these direct payments. If you add the next two biggest components, veterans benefits programs and federal employee retirement, the result is more than 84% of these direct payments (some 52% of all federal spending allocated to the states) are entirely based upon where the recipient chooses to live.

These NJ.com “articles” are advocacy pieces. Just look at their titles, describing the uncapped deduction as “your property tax break.” (It is of course not a property tax break at all, but a federal income tax break.) NJ.com of course has every right to express such opinions, but in response to feedback on its decision to erect a paywall to certain content, NJ.com also promised that it would “better label opinion pieces.”

As a final note, I must also point out that this issue puts NJ.com and high-tax state governors, who usually assert that those who have higher incomes do not pay their “fair share” of taxes, in the unusual position of defending a tax deduction that provides a greater benefit to higher-income taxpayers, as there is some correlation between income and state and local taxes paid, if only because those without sufficient income simply cannot pay high property taxes. The existence or level of a SALT deduction cap is irrelevant to a taxpayer whose itemized deductions, including an uncapped SALT deduction, do not exceed the standard deduction (increased to $12,000 for individuals and $24,000 for married couples by the same legislation).

Jay Bohn
April 5, 2021