Recession Turns a Graying Office Grayer
Source: Pew Research Center
The American work force is graying — and not just because the American population itself is graying. Older adults are staying in the labor force longer, and younger adults are staying out of it longer. Both trends took shape about two decades ago. Both have intensified during the current recession. And both are expected to continue after the economy recovers. According to one government estimate, 93% of the growth in the U.S. labor force from 2006 to 2016 will be among workers ages 55 and older.
Demographic and economic factors explain some — but not all — of these changes. Attitudes about work also play an important role — in particular, the growing desire of an aging but healthy population to stay active well into the later years of life.
A new nationwide survey by the Pew Research Center’s Social & Demographic Trends project finds that a majority (54%) of workers ages 65 and older say the main reason they work is that they want to. Just 17% say the main reason is that they need the paycheck. An additional 27% say they’re motivated by a mix of desire and need.
Car buyers are thinking American, with Ford, GM up; Chrysler down
Source: Consumer Reports
“Buy American” resonates strongly among car shoppers today, though not all brands are considered equally, according to a new survey by the Consumer Reports National Research Center.
About 80 percent of respondents who are in the market to buy a new car are likely to consider a model from a domestic brand. This compares with less than 50 percent each who are considering Asian or European brands. Ford has benefited the most from the recent turmoil in the auto market, with the largest gain in new-car buyers who say that they are likely to consider buying a Ford model—up 17 percentage points compared with a year ago. The respondents considering buying a GM model were up six percentage points, but those considering a Chrysler model were down 25 percentage points.
Accelerated Vehicle Retirement for Fuel Economy: “Cash for Clunkers” (PDF; )
Source: Congressional Research Service (via OpenCRS)
In an attempt to boost sagging U.S. auto sales and to promote higher vehicle fuel economy, the President signed legislation on June 24, 2009–P.L. 111-32–establishing a program to provide rebates to prospective purchasers toward the purchase of new, fuel-efficient vehicles, provided the trade-in vehicles are scrapped. The program provides rebates of $3,500 or $4,500, depending on fuel economy and vehicle type of both the new vehicle and the vehicle to be disposed of. An amount of $1 billion was appropriated for the program, which was established to cover sales between July 1 and November 1, 2009.
Similar programs have been implemented in various U.S. states, but this would be the first federal program. Further, in general those state pilot programs focused on retiring vehicles with older, and in some cases malfunctioning, emissions control systems in order to promote better air quality. The Consumer Assistance to Recycle and Save (CARS) program (also called the Car Allowance Rebate System) focuses, instead, on higher fuel economy and promoting U.S. auto sales. Similar vehicle retirement programs have been implemented in other countries, such as Japan, Germany, France, and the United Kingdom, and have provided at least a temporary boost in auto sales.
It was anticipated by industry executives and government officials alike that the impact of this program would be limited for several reasons. First, the time frame of the program is limited, covering only sales between July 1 and November 1, 2009. The bill provided the National Highway Traffic Safety Administration (NHTSA) with only 30 days to complete the rulemaking process, so the official start of the program was delayed until July 24, 2009. Second, the initial $1 billion only allows for rebates for around 250,000 vehicles, which may provide a “shot in the arm” to new vehicle sales, but is unlikely to promote a long-term rebound in the auto market.
Third, the environmental benefit of the program is questionable, as the program will retire a limited number of vehicles, and as the required increase in fuel economy is low (only 1 mile per gallon in the case of larger trucks).
After officially launching on June 24, 2009, when NHTSA regulations were issued, the CARS program was embraced by thousands of consumers and by auto dealers across the country, who advertised it widely. By the end of the first week, the U.S. Department of Transportation (DOT) announced that nearly all of the funds appropriated for it were committed, based on rising dealer applications for rebate reimbursements and surveying of dealer backlogs.
Recognizing the stimulative effect of the program, the House of Representatives voted to appropriate additional funds (H.R. 3435) on July 31, 2009. It raises the appropriation by $2 billion, tapping funds from the economic recovery act (American Recovery and Reinvestment Act, or ARRA, P.L. 111-5). The appropriation passed under the suspension of the rules and by a vote of 316-109. The Senate passed H.R. 3435 on August 6 by a vote of 60-37, and President Obama signed the bill into law (P.L. 111-47) on August 7.
This report outlines the key provisions of the CARS program, discusses the initial impact of the program and some of the concerns raised by Senators. It also summarizes similar programs in other countries.
‘Waltzing Matilda’ or ‘Advance Australia Fair’? User-generated content and fair dealing in Australian copyright law
Source: University of New South Wales Faculty of Law Research Series 2009
In 2005, the Australian Government conducted a review of copyright legislation and the exception of fair dealing. Following this review, the framework of the existing fair dealing exemptions was retained, with the addition of a new exception of fair dealing for the purpose of parody or satire. Debate on the topic was posited within the traditional framework of commercial producer and consumer. The surge of user-generated digital content, and the novel issues surrounding such content, only emerged in the periphery. This article will examine the potential scope of fair dealing exemptions applied to user-generated digital content. Emphasis is placed on the ‘grey zone’ of user-generated content: those works that push the boundaries of copyright law into unchartered territory. As parody and satire constitute a novel area in Australian copyright law, less restrained by prior court decisions, the article places emphasis on fair uses within user-generated content for these purposes.
+ Full Paper (PDF; 1.2 MB)
Power Wheelchairs in the Medicare Program: Supplier Acquisition Costs and Services (PDF; 2.4 MB)
Source: U.S. Department of Health and Human Services, Office of Inspector General
Medicare and its beneficiaries paid almost four times the average amount paid by suppliers to acquire standard power wheelchairs during the first half of 2007. Suppliers purchased standard power wheelchairs for an average of $1,048 and reported performing an average of five services in conjunction with supplying them. Because Medicare allowed an average of $4,018 for standard power wheelchairs, Medicare and its beneficiaries paid suppliers an average of $2,970 beyond the suppliers’ acquisition cost to perform an average of five services and cover general supplier business costs. The beneficiary’s average copayment covered 77 percent of the supplier’s average acquisition cost for a standard power wheelchair. Medicare and its beneficiaries paid almost two times the average amount paid by suppliers to acquire complex rehabilitation power wheelchair packages during the first half of 2007. Suppliers purchased complex rehabilitation power wheelchair packages for an average of $5,880 and reported performing an average of seven services in conjunction with supplying them. Because Medicare allowed an average of $11,507 for complex rehabilitation power wheelchair packages, Medicare and its beneficiaries paid suppliers an average of $5,627 beyond the suppliers’ acquisition cost to perform an average of seven services and cover general supplier business costs.
We collected documentation of the prices suppliers paid to purchase a sample of standard and complex rehabilitation power wheelchairs that Medicare beneficiaries received in the first half of 2007. We also collected documentation of the services performed prior to, during, and over an average of 9 months after delivering the power wheelchairs.
Medicare’s average allowed amount for standard power wheelchairs in the first half of 2007 ($4,018) was 383 percent of suppliers’ average acquisition cost. In comparison, Medicare’s average payment under the Competitive Bidding Acquisition Program ($3,073) would have been 293 percent of suppliers’ average acquisition cost. Although Medicare’s fee schedule amount was reduced to $3,641 to offset the Competitive Bidding Acquisition Program’s delay, the 2009 fee schedule amount exceeds the average competitively bid price by $568.
Medicare’s fee schedule amounts include reimbursement for the acquisition cost of the power wheelchair and also for supplier services, such as assembling and delivering the power wheelchair and educating the beneficiary about its use. We found that suppliers performed most services prior to and during, rather than after, the wheelchairs’ delivery. Suppliers of complex rehabilitation power wheelchair packages reported performing twice as many services as suppliers of standard power wheelchairs at times other than the day of delivery. Suppliers reported performing required services most of the time, as well as other services as needed.
We recommend that CMS determine whether Medicare’s standard and complex rehabilitation power wheelchair fee schedule amounts should be adjusted by using information from the Competitive Bidding Acquisition Program, seeking legislation to ensure that fee schedule amounts are reasonable and responsive to market changes, or by using its inherent reasonableness authority. CMS concurred with our recommendation and, with respect to our suggested methods for determining whether fee schedule amounts should be adjusted, stated that it plans to use information from the Competitive Bidding Acquisition Program and will carefully consider seeking legislation to ensure that fee schedule amounts are reasonable and responsive to market changes. However, CMS noted that it is not likely to use its inherent reasonableness authority until the results of the supplier bids for power wheelchairs under the Competitive Bidding Acquisition Program have been assessed.
Justice Department Announces Largest Health Care Fraud Settlement in Its History
Source: U.S. Department of Justice
American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together “Pfizer”) have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.
Pharmacia & Upjohn Company has agreed to plead guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with the intent to defraud or mislead. Bextra is an anti-inflammatory drug that Pfizer pulled from the market in 2005. Under the provisions of the Food, Drug and Cosmetic Act, a company must specify the intended uses of a product in its new drug application to FDA. Once approved, the drug may not be marketed or promoted for so-called “off-label” uses – i.e., any use not specified in an application and approved by FDA. Pfizer promoted the sale of Bextra for several uses and dosages that the FDA specifically declined to approve due to safety concerns. The company will pay a criminal fine of $1.195 billion, the largest criminal fine ever imposed in the United States for any matter. Pharmacia & Upjohn will also forfeit $105 million, for a total criminal resolution of $1.3 billion.
In addition, Pfizer has agreed to pay $1 billion to resolve allegations under the civil False Claims Act that the company illegally promoted four drugs – Bextra; Geodon, an anti-psychotic drug; Zyvox, an antibiotic; and Lyrica, an anti-epileptic drug – and caused false claims to be submitted to government health care programs for uses that were not medically accepted indications and therefore not covered by those programs. The civil settlement also resolves allegations that Pfizer paid kickbacks to health care providers to induce them to prescribe these, as well as other, drugs. The federal share of the civil settlement is $668,514,830 and the state Medicaid share of the civil settlement is $331,485,170. This is the largest civil fraud settlement in history against a pharmaceutical company.
As part of the settlement, Pfizer also has agreed to enter into an expansive corporate integrity agreement with the Office of Inspector General of the Department of Health and Human Services. That agreement provides for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that which gave rise to this matter.
+ U.S. Department of Health and Human Services, Office of Inspector General - Pfizer Corporate Integrity Agreement (PDF; 5.6 MB)
IRS Tax Stats
Source: Internal Revenue Service
+ Domestic Private Foundation and Charitable Trust Statistics - 2006 (.xls)
Private foundations organized for charitable purposes are exempt from income taxes. They are differentiated from tax-exempt public charities by their narrow bases of control and financial support. Statistics on private foundations are compiled from Form 990-PF, an annual information return that includes data on excise tax liability, charitable distributions, administrative expenditures, as well as income statement and balance sheet information. Data are available for the following types of organizations:
- Operating Foundations - Generally conduct their own charitable activities, e.g., museums
- Nonoperating Foundations - Generally provide charitable support through grants and other financial means to charitable organizations; the majority of foundations are nonoperating
- Section 4947(a)(1) Nonexempt Charitable Trusts - Charitable trusts treated as private foundations for tax purposes; may be operating or nonoperating
+ Charities & Other Tax-Exempt Organizations Statistics - 2006 (.xls)
Nonprofit charitable organizations are exempt under Section 501(c)(3) of the Internal Revenue Code. Other tax-exempt organizations covered in this section include those exempt under Sections 501(c)(4) through 501(c)(9). Descriptions of these organizations are below:
501(c)(3) Religious, educational, charitable, scientific, or literary organizations; testing for public safety organizations. Also, organizations preventing cruelty to children or animals, or fostering national or international amateur sports competition
501(c)(4) Civic leagues, social welfare organizations, and local associations of employees
501(c)(5) Labor, agriculture, and horticultural organizations
501(c)(6) Business leagues, chambers of commerce, and real estate boards
501(c)(7) Social and recreational clubs
501(c)(8) Fraternal beneficiary societies and associations
501(c)(9) Voluntary employee beneficiary associations
Economic Survey of Iceland 2009
Source: Organisation for Economic Co-operation and Development
The global financial and economic crisis has struck Iceland with extreme force. Iceland’s three main banks, accounting for almost all of the banking system, failed in October 2008. They were unable to resist the deterioration in global financial markets following the failure of Lehman Brothers. The banks had pursued risky expansion strategies – notably borrowing in foreign capital markets to finance the aggressive international expansion of Icelandic investment companies – that made them vulnerable to the deterioration in global financial markets. They had also grown to be too big for the government to rescue. When access to foreign capital eventually closed, the banks failed. Non-financial firms and households were also vulnerable to the deterioration in global financial conditions, having taken on a lot of debt in recent years based on inflated collateral values. In some cases, the debt was foreign-currency denominated, without matching foreign currency assets or revenues. In the wake of the banking crisis, the government obtained an IMF Stand By Arrangement to provide favourable access to foreign capital markets and creditability for the recovery programme. Even so, the recession is likely to be deeper in Iceland than in most other OECD countries owing to the seriousness of the banking crisis and the weakness of private sector balance sheets.
Several chapters free online. Full publication available for purchase.
Department of Defense Contractors in Iraq and Afghanistan: Background and Analysis (PDF; 259 KB)
Source: Congressional Research Service (via Federation of American Scientists)
The Department of Defense (DOD) increasingly relies upon contractors to support operations in Iraq and Afghanistan, which has resulted in a DOD workforce in those countries comprising approximately an equal number of contractors (200,000) as uniformed personnel (194,000). The critical role contractors play in supporting such military operations and the billions of dollars spent by DOD on these services requires operational forces to effectively manage contractors during contingency operations. Lack of sufficient contract management can delay or even prevent troops from receiving needed support and can also result in wasteful spending. Some analysts believe that poor contract management has also played a role in abuses and crimes committed by certain contractors against local nationals, which likely has undermined U.S. counterinsurgency efforts in Iraq and Afghanistan.
DOD officials have stated that the military’s experience in Iraq and Afghanistan, coupled with Congressional attention and legislation, has focused DOD’s attention on the importance of contractors to operational success. DOD has taken steps to improve how it manages and oversees contractors in Iraq and Afghanistan. These steps include tracking contracting data, implementing contracting training for uniformed personnel, increasing the size of the acquisition workforce in Iraq and Afghanistan, and updating DOD doctrine to incorporate the role of contractors. However, these efforts are still in progress and could take three years or more to effectively implement.
The use of contractors in Iraq and Afghanistan has raised a number of issues for Congress, including 1) whether DOD is gathering and analyzing the right data on the use of contractors, 2) what steps DOD is taking to improve contract management and oversight, and 3) the extent to which contractors are included in military doctrine and strategy. This report examines current contractor trends in Iraq and Afghanistan, steps DOD has taken to improve contractor oversight and management, and the extent to which DOD has incorporated the role of contractors into its doctrine and strategy. It also reviews steps Congress has taken to exercise oversight over DOD contracting, including contracting issues that have been the focus of hearings and legislation.
Congressional Favorability at 24-Year Low
Source: Pew Research Center
Americans are extremely displeased with Congress, and there are already some signs that this could take a toll on the Democrats in the 2010 midterm elections. Currently, 37% express a favorable opinion of Congress, while 52% hold an unfavorable view. Positive opinions of Congress have declined by 13 points since April and are now at one of their lowest points in more than two decades of Pew Research Center surveys.
At the same time, intentions to vote Democratic in the next midterm election are markedly lower than they have been over the past four years. Voters are about evenly divided when asked how they would vote if the election for Congress were being held today: 45% say they would vote for a Democratic candidate in their district, or lean Democratic, while 44% say they would vote for a Republican or lean Republican. At about this point four years ago, Democrats led in the generic congressional ballot by 52% to 40% and went on to win a majority of the popular vote and regain control of Congress the following November.
Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities (PDF; 834 KB)
Source: National Employment Law Project, UCLA Institute for Research on Labor and Employment, and UIC Center for Urban Economic Development
This report exposes a world of work in which the core protections that many Americans take for granted—the right to be paid at least the minimum wage, the right to be paid for overtime hours, the right to take meal breaks, access to workers’ compensation when injured, and the right to advocate for better working conditions—are failing significant numbers of workers. The sheer breadth of the problem, spanning key industries in the economy, as well as its profound impact on workers, entailing significant economic hardship, demands urgent attention. In 2008, we conducted a landmark survey of 4,387 workers in low-wage industries in the three largest U.S. cities—Chicago, Los Angeles, and New York City.
We used an innovative, rigorous methodology that allowed us to reach vulnerable workers who are often missed in standard surveys, such as unauthorized immigrants and those paid in cash. Our goal was to obtain accurate and statistically representative estimates of the prevalence of workplace violations. All findings are adjusted to be representative of front-line workers (i.e. excluding managers, professional or technical workers) in lowwage industries in the three cities—a population of about 1.64 million workers, or 15 percent of the combined workforce of Chicago, Los Angeles and New York.
See: Low-Wage Workers Are Often Cheated, Study Says (New York Times)
The Article Cash4Gold Doesn’t Want You to Read
Source: The Consumerist
If you have any broken, ugly jewelry lying around in a drawer somewhere, you’ve probably taken notice of a company called Cash4Gold that promised to pay “top dollar” for your not-so-precious precious metals. If you’re like us, you might have even seen a post on ComplaintsBoard.com by a former employee exposing Cash4Gold.
The whistleblower’s post appeared on ComplaintsBoard last November. We featured it this February, as part of our ongoing coverage of Cash4Gold, after the company raised its public profile with a multi-million dollar Super Bowl ad. The post was indeed written by an ex-employee, Michele Liberis, who is now being sued by the company for defamation. Recently, Cash4Gold added Consumerist and ComplaintsBoard as co-defendants in its lawsuits against Liberis and another former employee, Vielka Nephew (PDF), in an attempt to force us to take the information down. Liberis and Nephew have chosen to stand up to Cash4Gold’s legal attack, and so have we.
We believe citizens, consumers, and employees should be able to exercise their free-speech rights online – and journalists should be able to report on those efforts – without fear of intimidation. That belief is at the core of what makes Consumerist tick. And it’s what keeps the internet from being just a brochure with hyperlinks. Inside, more about this episode and what goes on behind the public façade of a company that bills itself as “World’s #1 Gold Buyer.”
Latino Worker Deaths Sound the Alarm for Declining Standards in America’s Workplaces
Source: National Council of La Raza
Latino workers are the most likely to pay for violations of basic labor laws with their lives, according to a groundbreaking report released today by NCLR (National Council of La Raza), the largest national Hispanic civil rights and advocacy organization in the United States. In advance of Labor Day, NCLR held a telephonic briefing to release Fractures in the Foundation: The Latino Worker’s Experience in an Era of Declining Job Quality. The report calls attention to the Latino occupational fatality rate, which is the highest of any demographic group.
The briefing brought together national civil rights, faith, and labor organizations to respond to the findings of the report. Joining NCLR were leaders from the National Employment Law Project (NELP), Farmworker Justice, the United Food and Commercial Workers (UFCW), Interfaith Worker Justice, and the National Day Labor Organizing Network (NDLON). Together, they called for targeted outreach and enforcement efforts in high-risk industries and a recommitment to protecting the rights of all workers.
“Latino workers help us tell the story of what is happening to basic standards in the American workplace,” said Janet Murguía, President and CEO of NCLR. “The daily reality of so many of our workers—low wages, no benefits, and dangerous working conditions—is a shameful testament to how far our nation has regressed from the laws we enacted to protect all workers.”
Based on an in-depth analysis of death on the job, wages, and employer-based benefits, the report exposes the severe erosion of job quality in America. The report calls on Congress and the U.S. Department of Labor to restore fairness and dignity to hard work by strengthening enforcement efforts, modernizing labor laws, and collaborating with community-based organizations to empower low-wage and immigrant workers.
High School Dropouts from Class of 2009 Represent Nearly $335 Billion in Lost Income
Source: Alliance for Excellent Education
If the high school students who dropped out of the Class of 2009 had graduated, the nation’s economy would have benefited from nearly $335 billion in additional income over the course of their lifetimes, according to a new issue brief from the Alliance for Excellent Education.
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Not only do high school dropouts earn less when they are employed, they are much more likely to be unemployed during the current economic recession, the brief finds. In July 2009, the unemployment rate for high school dropouts was 15.4 percent, compared to 9.4 percent for high school graduates, 7.9 percent for individuals with some college credits or an associate’s degree, and 4.7 percent for individuals with a bachelor’s degree or higher.According to the brief, The High Cost of High School Dropouts: What the Nation Pays for Inadequate High Schools, the average annual income for a high school dropout in 2005 was $17,299, compared to $26,933 for a high school graduate, a difference of $9,634. The impact on the country’s economy is less visible, but, as the brief demonstrates, cumulatively its effect is staggering.
+ Full Document (PDF: 549 KB)
Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform
Source: Center for Trade Policy Studies, Cato Institute
By the latest estimates, 8.3 million workers in the United States are illegal immigrants. Proposed policy responses range from more restrictive border and workplace enforcement to legalization of workers who are already here and the admission of new workers through a temporary visa program. Policy choices made by Congress and the president could have a major economic impact on the welfare of U.S. households. This study uses the U.S. Applied General Equilibrium model that has been developed for the U.S. International Trade Commission and other U.S. government agencies to estimate the welfare impact of seven different scenarios, which include increased enforcement at the border and in the workplace, and several different legalization options, including a visa program that allows more low-skilled workers to enter the U.S. workforce legally.
For each scenario, the USAGE model weighs the impact on such factors as public revenues and expenditures, the occupational mix and total employment of U.S. workers, the amount of capital owned by U.S. households, and price levels for imports and exports. This study finds that increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households. Modest savings in public expenditures would be more than offset by losses in economic output and job opportunities for more skilled American workers. A policy that reduces the number of low-skilled immigrant workers by 28.6 percent compared to projected levels would reduce U.S. household welfare by about 0.5 percent, or $80 billion.
In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households. Legalization would eliminate smugglers’ fees and other costs faced by illegal immigrants. It would also allow immigrants to have higher productivity and create more openings for Americans in higher skilled occupations. The positive impact for U.S. households of legalization under an optimal visa tax would be 1.27 percent of GDP or $180 billion.
+ Full Document (PDF; 687 KB)
