Elizabeth Warren Has a Fake Plan To Pay for Medicare for All

In releasing a proposal to pay for single-payer—the fully government-financed health care system she calls Medicare for All—Sen. Elizabeth Warren (D–Mass.) faced two challenges. The first was to produce a plan that did not raise taxes on the middle class. The second was to produce a plan that was simple to understand and easy to explain. As one anonymous outside adviser told The Washington Post, her campaign “want[ed] to figure out—with one go—how to stop the ‘How are you going to pay for it?’ question.”

As it turned out, she failed on both counts.

Warren’s plan, released at the beginning of November, starts with the fact that employers spend about $9 trillion a decade on health insurance for their workers. She aims to move the private spending onto the federal budget, transforming it into government spending. Under her proposal, large employers who currently pay for health coverage would be required to pay a comparable amount, equivalent to 98 percent of what they now spend, adjusted for the number of workers they employ, in order to help finance Medicare for All.

Warren claims “we don’t need to raise taxes on the middle class by one penny to finance Medicare for All.” Instead, she refers to this as an “employer Medicare contribution” under which companies “would send payments to the federal government for Medicare.”

But there is a commonly accepted term for requiring companies to send payments to the federal government in order to finance government programs. That word is tax. Her plan is thus a nearly $9 trillion tax on employers, charged on a per-worker basis, with exceptions for small businesses. That would inevitably end up affecting employees’ compensation. It is hard to see this as anything other than a massive middle-class tax hike.

Warren has argued that total costs for middle-class families would go down under her plan, but there are reasons to doubt this, including an analysis from Emory University health care economist Kenneth Thorpe finding that under Medicare for All, more than 70 percent of people who currently have private insurance would see costs increase. A separate analysis from the liberal Urban Institute projects that single-payer plans would raise national health care spending by $7 trillion over a decade, contrary to Warren’s estimates.

Other outside experts, meanwhile, have suggested that Warren’s plan will cost more than she anticipates and raise less revenue. In an analysis of the fiscal effects of Warren’s plan, Avik Roy, president of the Foundation for Research on Equal Opportunity, estimates that she would end up increasing deficits by about $15 trillion over a decade.

That’s because Warren doesn’t account for the likely economic ripple effects her plan would almost certainly cause; instead, she assumes that even with an array of new taxes and fees on businesses and wealthy individuals, economic growth would continue without change. Corporate tax rates would go from 21 percent to 35 percent, which, as Roy notes, “would have a meaningful [negative] effect on employment and economic growth, especially in the manufacturing sector and other capital-intensive industries.” This allows her to claim far more tax revenue than is realistic.

In addition, Warren assumes that by moving nearly all of America’s health care financing to the federal government, administrative costs—the overhead that supports the actual delivery of care—can be cut down to levels that few independent experts believe possible. Warren also calls for paying hospitals 110 percent of today’s Medicare rates, reducing the cost of her plan by a little more than $4.2 trillion relative to other projections. Yet faced with political pressure from hospitals, which are typically paid much higher average rates due to private insurance, state-based programs in blue states like Washington and Maryland have ended up paying far higher amounts.

For Warren, however, realism is clearly not the point. She released her plan after months of pressure to explain precisely how she would finance the tens of trillions in new government spending that even the cheapest, most implausibly efficient version of a full-fledged single-payer system would require. Just as World War I generals used wooden tanks to fool enemy infantry, Warren has enlisted a legion of implausible savings mechanisms and unworkable tax hikes, hoping to look convincing from afar.

Warren did not come up with a plan to pay for Medicare for All. Instead, she concocted a $52 trillion package of fanciful assumptions and unworkable reforms, and figured out how to pay for that.

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UK University Says Complaining About ‘Everything Becoming A Race Issue’ Is A Racist Microaggression

UK University Says Complaining About ‘Everything Becoming A Race Issue’ Is A Racist Microaggression

Authored by Paul Joseph Watson via Summit News,

The University of Sheffield in the UK is to pay its own students to patrol thought crimes, one of which is the common complaint that everything is becoming a race issue, which the university considers to be a racist microaggression.

Checkmate, bigots.

“A university is to hire 20 of its own students to challenge language on campus that could be seen as racist,” reports the BBC.

“The University of Sheffield is to pay students to tackle so-called “microaggressions” – which it describes as “subtle but offensive comments.”

According to the university, examples of these microaggressions include;

“Stop making everything a race issue”

“Why are you searching for things to be offended about?”

“Where are you really from?”

“I don’t want to hear about your holiday to South Africa. It’s nowhere near where I’m from”

“Being compared to black celebrities that I look nothing like”

In other words, pointing out that people play the race card to avoid having to defend their opinions and that ‘offense’ culture is out of control is now itself a subtle form of racism.

You’ve got to hand it to them; Not only have they seized control of language, they’ve also banned your ability to question why they’re doing so.

“Sheffield University is paying students to spy on their peers and report any “microaggressions,” comments Andrew Doyle. “One example they give is “Why are you searching for things to be offended about?” Given this sinister Stasi-like initiative, that’s a very good question.”

*  *  *

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Tyler Durden

Thu, 01/16/2020 – 05:00

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Boeing Loses Jet Delivery Crown To Airbus

Boeing Loses Jet Delivery Crown To Airbus

Earlier this month, we noted how Airbus locked in a record number of aircraft deliveries in December to exceed full-year delivery targets while outshining troubled Boeing in becoming the world’s top plane maker.

The report, however, did not include official numbers and had to be audited before officially published.

But now, we have official data that confirms Boeing has lost its crown as the world’s biggest plane maker to rival Airbus following the 737 Max crisis, reported the Financial Times

Boeing received 246 new aircraft orders in 2019, the lowest in nearly two decades, which dropped to a negative 87 after cancellations. 

Boeing orders have been halved since 2018’s 806, recorded just 380 in 2019, the lowest since 2008. 

Before the Max crisis, Boeing estimated that deliveries for commercial jets would be around 895 to 905 for 2019. 

The problem with Boeing is that management rushed engineers to develop a more fuel-efficient 737 to complete with a new lineup of single-aisle jets from Airbus. Boeing encountered difficulties with adding larger engines to the plane and developed the MCAS (Maneuvering Characteristics Augmentation System) anti-stall system that would help the aircraft stabilize in flight. But it was the malfunction of the MCAS system that led to two plane crashes, killing 346 people, which eventually led to the grounding of all 737 Max planes worldwide. 

Airbus entered the new decade as the top plane maker of the world. The company said it secured orders of 768 aircraft in 2019, up 24 over the prior year. Deliveries totaled 863, up from 806 in 2018. It has a backlog of some 7,482 commercial jets, versus Boeing’s 5,406.

Shown in The Seattle Times chart below (updated on December 29), the grounding of the Max and now suspension of its production had more than halved deliveries from 806 in 2018 to 370 in 2019.

The Times noted that once the Max is ungrounded, and as of Wednesday, there are no concrete timelines, Boeing will begin delivering 400 aircraft that have been parked since global regulators grounded the plane on March 13, 2019.

Analysts have warned that inspecting the grounded jets could take at least 12 months to complete, and that could add to the backlog and weigh on new production for a considerable amount of time.

 “It will take Boeing all of this year and most of next year to clear that backlog [of grounded aircraft],” said Rob Stallard, an analyst at Vertical Research. 

Sash Tusa, of Agency Partners, predicts the Max could return to the skies by the end of 1Q. “Our forecast for Airbus deliveries in 2020 is 933 aircraft. We forecast Boeing to do 978 aircraft. But that assumes the Max returns to service at the very end of the first quarter,” Tusa said.

Extended grounding has led some carriers to suspend future deliveries of Max planes. The latest report from Reuters notes that Malaysia Airlines has suspended deliveries of 25 Max jets, citing no clear timetable of ungrounding. 

“As there is no clarity yet from various authorities on its return to service, our technical due diligence is still ongoing,” Malaysia Airlines said.

Virgin Australia Holdings said last year that it had delayed Max jets for two years due to the grounding. 

Norwegian Air Shuttle ASA recently said that it reached an agreement with Boeing to postpone delivery of 14 Max jets because of the grounding.

And last April, the near-collapse of India’s Jet Airways led to the cancellation of 210 aircraft from Boeing that was expected to be delivered in the coming years. 

The grounding of the jets has forced Boeing to freeze the production of the planes that could lead to lower GDP growth in the US for 1H

The longer Max remains grounded, the more orders Airbus will gain. The Max crisis also comes as an industrial recession plagues the US economy and has already spilled over into an employment slowdown. 


Tyler Durden

Thu, 01/16/2020 – 04:15

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Brickbat: That Burns

In Australia, the government of the state of Western Australia has defended the use of emergency services levy money to fund artwork for fire stations. The government has a long-standing, bipartisan policy that 1 percent of the cost any public buildings costing over $2 million must go to art. Some firefighters and government officials say emergency services levy funds should only go to firefighting equipment. But Emergency Services Minister Francis Logan says there’s plenty of money to go around, noting that funding of brush fire battalions has increased by an average of 4.5 percent a year.

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Brickbat: That Burns

In Australia, the government of the state of Western Australia has defended the use of emergency services levy money to fund artwork for fire stations. The government has a long-standing, bipartisan policy that 1 percent of the cost any public buildings costing over $2 million must go to art. Some firefighters and government officials say emergency services levy funds should only go to firefighting equipment. But Emergency Services Minister Francis Logan says there’s plenty of money to go around, noting that funding of brush fire battalions has increased by an average of 4.5 percent a year.

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The European Green Deal Is Every Bit As Bad As Expected

The European Green Deal Is Every Bit As Bad As Expected

Authored by Bill Wirtz via The Mises Institute,

The European Commission has unveiled its “European Green Deal,” after taking hints on denomination from its American counterpart, the “Green New Deal.”  While the legislation introduced in the US Congress remains fiction under a Republican executive and senate, the Brussels initiative will become law unless there is considerable opposition from EU member states.

Back in May, I had the pleasure to be a guest at an Austrian Economic Center event in Vienna, in which we discussed the policy outlook prior to the European elections. My prediction back then: more greens, more ecstatic green policies to come. The newly elected commission president Ursula von der Leyen has attempted to appease green forces in the European Parliament by dedicating herself to the environmentalist agenda, and as a result is now pursuing ambitious policy goals that she laid out in her candidature speech in Strasbourg.

The New Green Deal contains major implications for industry and consumers, including higher energy taxation, higher levies on shipping and aviation, higher road emissions duties, forcing companies to rethink recycling and repairing electronics, and making free trade deals more difficult to conclude.

These measures all deserve op-eds of their own, but for the sake of this one, let’s narrow it down.

Three takeaways from the proposed package of executive and legislative measures are important:

  1. The Commission wants to introduce a carbon border tax.

  2. The Commission wants to update the emissions targets for 2030.

  3. The Commission wants to spend more money in an effort to “reinvest” (or to buy off member states).

The Carbon Border Tax

The main objective of this “border adjustment” is to prevent the relocation of carbon-intensive production to non-EU countries, a problem known as “carbon leakage.” When companies outsource production to avoid carbon costs, they shift their emissions abroad. That, claims the EU, reduces the effectiveness of EU climate policies. This is of exceptional concern to Brussels, as non-EU countries, such as those in the Balkans, as well as Moldova, Belarus, and Ukraine, could come to rival EU producers as a result. The logic is very European: first we curb our own business efficiency through regulation, then we call other countries unfair competitors.

This is hardly the first time that European leaders have restricted trade due to environmental concerns. It was the most notable reason why the Obama-era free trade agreement, the Transatlantic Trade and Investment Partnership (TTIP), was laid on ice, and why the bloc still does not have a free trade relationship with China. French president Emmanuel Macron is even threatening to block a trade arrangement with South American countries (called Mercosur) in the case that Brazil leaves the 2015 Paris Climate Accord.

Worse than politicizing its trade deals, von der Leyen will now extend its climate policy to non-EU members, effectively bullying the entire continent into zealous emissions targets. Especially for eastern European countries such as Ukraine, this is a true nightmare.

As expected, Europe’s journalists are sticking with the Commission’s rhetoric by calling it a carbon border tax. For my part, I call it politicized European protectionism.

Target Update

Brussels is reportedly looking at a climate law that would set a target date of 2050 to achieve net-zero emissions, and a plan to boost the bloc’s 2030 target for emissions cuts from a reduction of at least 40 percent to between 50 and 55 percent compared to 1990 levels. The Commission plans to present it by March 2020. The target update is only an argument for legitimizing harsher legislative measures. Once passed, you’ll the European Parliament say that new and costly emissions restrictions are “in line with EU climate targets.”

The good news for the Commission is that its climate law will not require unanimity voting in the European Council but only a qualified majority. That said, Poland, Hungary, and the Czech Republic are currently withholding their consent.

Increasing ambitions to a 55 percent emissions cut will likely find a majority in the Parliament, and in the Council eight countries have said they support that target. The question is whether opponents can rally a workable opposition.

That leads us to the crux of the issue.

The Climate Cash Grab

Commission president von der Leyen has already proposed a financial package called the Just Transition Fund, which will support regions in their transition away from fossil fuels. However, the current climate targets already necessitate
€260 billion in additional annual investment, meaning that the updated targets will need even more funding. At the moment, the Just Transition Fund is rumored to be included in the EU budget for 2021–27 and is expected to raise €100 billion in investments. It remains a mystery who exactly will privately invest (at their own risk) in inefficient windmills and solar panels.

One thing is certain: a cash grab of this size can certainly attract the interests of central European nations that are currently hesitant to join in. That said, Germany and the Netherlands are favoring limited budgetary ambitions.

It is the ultimate mix of climate ideology and spending extravaganza. Since Brussels has a tendency to get the answer wrong every time, I am confident that we’ll get the worst of both.


Tyler Durden

Thu, 01/16/2020 – 03:30

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Turkish Jets Violate Greek Airspace A Record 91 Times In A Single Day

Turkish Jets Violate Greek Airspace A Record 91 Times In A Single Day

Turkish aircraft broke an all time record on Tuesday, January 14, 2020, with 91 violations of Greek airspace.

Source

Additionally, as KeepTalkingGreece.com reports, among the 91 Athens FIR violations, 27 were overflights of various islands, including Panagia, Oinousses, Agathonisi, Lipsi, Kalolimnos, and for the first time in years, the Turkish jets flew also over the heavily populated, and tourist-dominated island, Leros, which lies just a few miles from Turkey.

A total of 20 Turkish aircraft, that is 15 fighter jets F-16, 1 AFNS CN-235 electronic warfare aircraft and 4 helicopters conducted the violations. Ten of the Turkish fighter jets were armed.

In six cases the Turkish jets were engaged in so-called “dog fights” with Greek fighter jets.

Sadly, this is a trend that has been ongoing for the last few years…

Source

As The Gatestone Institute’s Debalina Ghoshal recently wrote, Turkey’s “persistent policy of violating international law and breaching international rules and regulations” was called out in a November 14 letter to UN Secretary General António Guterres by Polly Ioannou, the deputy permanent representative of Cyprus to the UN.

Reproving Ankara for its repeated violations of Cypriot airspace and territorial waters, Ioannou wrote of Turkey’s policy:

“[it] is a constant threat to international peace and security, has a negative impact on regional stability, jeopardises the safety of international civil aviation, creates difficulties for air traffic over Cyprus and prevents the creation of an enabling environment in which to conduct the Cyprus peace process.”

The letter followed reports in August about Turkish violations of Greek airspace over the northeastern, central and southeastern parts of the Aegean Sea, and four instances of Turkey violating aviation norms by infringing on the Athens Flight Information Region (AFIR). Similar reports emerged in June of Turkey violating Greek AFIR by conducting unauthorized flights over the southern Aegean islets of Mavra, Levitha, Kinaros and Agathonisi.

In April 2017, Turkish European Affairs Minister Omer Celik claimed in an interview that Agathonisi was Turkish territory. A day earlier, a different Turkish minister announced that Turkey “would not allow Greece to establish a status of ‘fait accompli’ in the ‘disputed’ regions in the Aegean Sea.” In December 2017, Greek Deputy Minister of Shipping Nektarios Santonirios reportedly “presented a plan to populate a number of uninhabited eastern Aegean islands to deter Turkish claims to the land.”

According to a recent statement from Greece’s Ministry of Foreign Affairs:

“Greek-Turkish disputes over the Aegean continental shelf date back to November 1973, when the Turkish Government Gazette published a decision to grant the Turkish national petroleum company permits to conduct research in the Greek continental shelf west of Greek islands in the Eastern Aegean.

“Since then, the repeated Turkish attempts to violate Greece’s sovereign rights on the continental shelf have become a serious source of friction in the two countries’ bilateral relations, even bringing them close to war (1974, 1976, 1987).”

This friction has only increased with the authoritarian rule of Turkish President Recep Tayyip Erdogan, particularly since, as Uzay Bulut notes:

There is one issue on which Turkey’s ruling Justice and Development Party (AKP) and its main opposition, the Republican People’s Party (CHP), are in complete agreement: The conviction that the Greek islands are occupied Turkish territory and must be reconquered. So strong is this determination that the leaders of both parties have openly threatened to invade the Aegean.

The only conflict on this issue between the two parties is in competing to prove which is more powerful and patriotic, and which possesses the courage to carry out the threat against Greece. While the CHP is accusing President Recep Tayyip Erdoğan’s AKP party of enabling Greece to occupy Turkish lands, the AKP is attacking the CHP, Turkey’s founding party, for allowing Greece to take the islands through the 1924 Treaty of Lausanne, the 1932 Turkish-Italian Agreements, and the 1947 Paris Treaty, which recognized the islands of the Aegean as Greek territory.

This has been Turkish policy despite the fact that both Greece and Turkey have been members of NATO since 1952. Greece became a member of the European Union in 1981 — a status that Turkey has spent decades failing to achieve, mainly due to its human-rights violations.

Recently, EU and Turkish officials met in Brussels on November 30 to discuss an intelligence-sharing agreement between the European Police Service (Europol) and Ankara. Such an agreement is reportedly one of 72 requirements that Ankara would have to meet in order to receive visa-free travel to the Schengen zone.

Ankara’s ongoing challenges to Greek land and sea sovereignty are additional reasons to keep it from enjoying full acceptance in Europe and the rest of the West.


Tyler Durden

Thu, 01/16/2020 – 02:45

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Norway Suffers Setback In Quest For Arctic Oil Discoveries

Norway Suffers Setback In Quest For Arctic Oil Discoveries

Authored by Tsvetana Paraskova via OilPrice.com,

One of the most active companies on the Norwegian Continental Shelf, Lundin Petroleum, said on Monday that it had revised downwards its resource estimate for a recent discovery in the Barents Sea, and that it no longer considers that a stand-alone development would be commercial.

Although Lundin Petroleum reported overall increased reserves and contingent resources as of December 31, 2019, its estimate for the Alta discovery in the Arctic waters of the Barents Sea “has been adjusted downwards,” based on the high specification 3D seismic survey and extensive data and analysis from the well drilled for the extended well test conducted in 2018.  

Initially, Lundin had expected that the combined gross resource range for the Alta discovery and nearby Gohta discovery was at between 115 and 390 million barrels of oil equivalent (MMboe). As of September 2018, the development concept for Alta was a subsea field development connected to a standalone floating production and storage vessel.

But now, Lundin is revising down its resource estimate, although it did not say by how much, and notes that “a standalone development of the Alta and nearby Gohta discoveries is no longer considered to be commercial.”

The options for development now include a subsea tie-back development to either the Johan Castberg oilfield or another future host development in the area, Lundin said on Monday.

The decreased resource estimate is another blow to the hopes of the Norwegian Petroleum Directorate (NPD) that major discoveries in the Barents Sea could sustain Norway’s oil and gas production into the next decades.

The operators offshore Norway are exploring for oil and gas in both mature areas and in frontier regions in the Barents Sea in the hopes of finding the next giant Johan Sverdrup, which started pumping oil in early October 2019.

Johan Sverdrup will boost Norwegian oil production through the mid-2020s, but the country will need more and larger oil discoveries soon in order to stave off another drop after the mid-2020s.

According to NPD, 48 percent of resources in the North Sea, the Norwegian Sea, and the Barents Sea have been produced. In its annual report for 2019 last week, NPD lowered expectations for the Barents Sea Southeast due to dry wells, but lifted expectations for undiscovered resources in the central parts of the Barents Sea, due to the mapping of several prospects and good work in production licenses.


Tyler Durden

Thu, 01/16/2020 – 02:00

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ISIS Is Back & “Closer To Europe” Than Ever Due To Libya Chaos: Jordan’s King

ISIS Is Back & “Closer To Europe” Than Ever Due To Libya Chaos: Jordan’s King

Islamic State terrorists are now popping up again in reported attacks on military checkpoints in Iraq, but Jordan’s King Abdullah warned this week that ISIS is reemergent and is now much closer to Europe, specifically just across the Mediterranean in Libya. 

“We have to deal with the reemergence of Isis,” the king said in an interview this week with France 24 television. The longtime king which Washington sees as a close US regional ally warned that ISIS is regrouping and once again on the rise, despite the ‘territorial caliphate’ having been defeated in eastern Syria last year. 

File image of Jordan’s King Abdullah at the White House in 2017, via Bloomberg.

Abdullah warned ISIS is back even in eastern Syria from where it was last ousted, saying his “major concern is that we have seen over the past year the re-establishment and rise of Isis, not only in southern eastern Syria but also in western Iraq.” His comments came just ahead of attending a NATO conference in Brussels on Tuesday.

Such concerns by analysts and politicians are nothing new, but his comments related to Turkey’s role in Libya were the most explosive and interesting at a moment the latest Russian-backed ceasefire attempt between Gen. Khalifa Haftar and the Tripoli Government of National Accord (GNA) has effectively collapsed

“From a European perspective, with Libya being much closer to Europe, this is going to be an important discussion in the next couple of days,” Abdullah said.

“Several thousand fighters have left Idlib (Syria) through the northern border and have ended up in Libya, that is something that we in the region but also our European friends will have to address in 2020.”

ISIS in Libya, via jihadist propaganda videos.

The king is referencing the reported covert Turkish plan to transfer Syrian ‘rebel’ fighters from Turkish-backed FSA factions to bolster pro-Tripoli forces in Libya.

We previously described this as an arms “rat line” in reverse of sorts. It must be remembered that both Turkish and US intelligence oversaw the transfer of both heavy weaponry and jihadist fighters to Syria from already war-torn Libya for the purpose of toppling Assad in the early years of the Syrian war. 

As declassified Pentagon intelligence reports from 2012 confirmed, this Libya-to-Turkey-to-Syria pipeline fueled the rapid rise of ISIS during the early years of the war.

And now, given Turkey’s ongoing military intervention in Libya against advancing pro-Haftar forces, possibly thousands from among the so-called Turkish Free Syrian Army (formerly the FSA), are currently being sent to Libya. There are reports suggesting Turkey is ready to pay $2,000 a month for each Syrian ‘rebel’ willing fight in Libya

Congressional leaders in 2011 with the LIFG’s Abdelhakim Belhadj.

Roots of ISIS in Libya: Abdelhakim Belhadj was leader of leader of the Libyan Islamic Fighting Group (LIFG), a former Al Qaeda affiliate. Later he emerged as head of Libyan ISIS, according to FOX and other reports. He met with Congressional leaders, even engaging in the above photo op, and was a key US asset in the push to overthrow Gaddafi. 

Clearly critical of this plan, King Abdullah appears to be saying this will fuel the escalating chaos and ‘failed state’ nature of Libya which will in turn lead to a resurgent ISIS straight across from Europe’s southern shores

Abdullah, speaking of the recently authorized Turkish government plan to also send national army troops to fight Haftar, also said this “will only create more confusion” in the country. We should add the unspoken obvious truth that many ‘former ISIS’ terrorists are currently fighting under the Turkish proxy FSA umbrella in northern Syria.

A Libyan wing of ISIS did establish itself in Sirte, Libya years ago following the US-NATO military intervention against longtime leader Muammar Gaddafi.

Prior to this, the US gave covert military support and training to known jihadists linked to al-Qaeda and a group called the Libyan Islamic Fighting Group in its bid to overthrow Gaddafi in 2011.


Tyler Durden

Thu, 01/16/2020 – 01:00

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Social Engineering Run Amok in the Department of Labor

A few years ago, the U.S. Chamber of Commerce released two reports detailing enforcement and litigation abuses by the Department of Labor’s Office of Federal Contract Compliance Programs, or OFCCP. Instead of holding firms accountable when they engage in real discrimination against their employees, the agency has become a government arm for securing high-dollar settlements on dubious grounds.

Congress has not moved to rein in this abuse, though that may change if one of the few companies that are finally standing up to the agency prevails against its abuser.

Created by a Lyndon Johnson-era Executive Order 11246, OFCCP enforces the federal government’s affirmative action and anti-discrimination mandates on federal contractors. It typically does so through routine audits, which are often fishing expeditions. The behavior of its auditors has been widely criticized for decades. Complaints include allegations of arbitrary and abusive exercises of power, waste of resources, and intimidation. There’s no good excuse for this type of bullying by a government agency.

Because the agency has the power to debar contractors—meaning the government will no longer do business with them—companies fear retribution if they defend themselves. One recent exception is Google, which decided that supplying 740,000 pages of documents at the cost of 2,300 man-hours and about $500,000 ought to be enough for the agency to review the firm’s compensation practices. When OFCCP said it wasn’t and Google needed to send over the names of its employees, OFCCP sued. Google won a victory in which a Labor Department administrative law judge—with every incentive to defer to the government—found that OFCCP’s additional demands were “over-broad, intrusive on employee privacy, unduly burdensome, and insufficiently focused on obtaining the requested information.”

This private-sector vindication, however, is an exception to the rule. OFCCP recently extracted its largest ever settlements from Goldman Sachs and Dell Technologies—$10 and $7 million, respectively—and, shortly before that, got $4.2 million from Bank of America. But those numbers pale in comparison to the $400 million OFCCP alleges that Oracle Corp. owes to female, Asian, and African American employees. The only thing more astonishing than the amount of money sought is the flimsiness of the government’s case.

To prove its discrimination claim, OFCCP relies entirely on a statistical analysis that fails to reflect the labor market’s great complexity. For instance, the government uses crude controls for employee education and experience, both of which have a large impact on compensation. For education, OFCCP considers only an employee’s degree level but not whether the degree is actually relevant to the job performed. As for experience, it considers only the employee’s age and time at Oracle, omitting both length at the current position—which is where the most useful experience is gained—and the relevance of prior work. OFCCP, in other words, thinks that any employees of the same age and with the same tenure with their current employer possess the same experience.

OFCCP’s analysis also treats employees with the same job title as similarly situated, creating more grounds for discrimination claims. However, a software engineer working on databases does very different work than one who develops artificial intelligence. Yet if the worker in the higher-demand field, who can therefore demand higher pay, happens to be Caucasian or male, while the other is female or a minority, then the government concludes the pay disparity is due to discrimination by Oracle.

In short, the government fails to compare like employees to like, and it doesn’t control for perfectly innocent variables that explain pay differences.

Thankfully, Oracle is fighting back. Unfortunately, the ideas driving the social-engineering agenda are spreading. In 2018, California instituted quotas for the number of women on corporate boards. And Sen. Elizabeth Warren (D–Mass.) proposes even more interference from the federal government, such as banning contractors from asking about salary or criminal history and requiring significant reporting on employee pay, broken down along demographic lines. For companies that contract with the federal government and employ about a quarter of the American workforce, such invasive requirements carry a hefty compliance cost for government contractors and taxpayers.

Quite a lot is riding on whether Oracle can fend off the government goliath. Given the size of the case, a government victory will almost certainly embolden the social engineers even further.

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