Do you ever shudder at a law you consider bad
and wonder how it came to be? You’re not
alone; this is one of mankind’s perennial questions. There’s an answer: Laws are enacted to bestow
benefits of one sort or another, and invariably the persons who reap the
benefits are the ones who enact the laws.
Consider a pair of examples.
Several years ago California enacted
Proposition 30, which increased state income tax rates on residents with annual
incomes over $250,000. Currently, a
group advocating children’s health proposes the law be amended to impose higher
rates for “super-earners” who make more than $2 million. Although the proponents hope to have a hand
in spending the money, it’s unlikely any of them are among the super-earners who’ll pay the tax.
Consider another law just enacted, Senate
Bill 358, the “California Fair Pay Act,” which purports to ensure women receive
pay comparable to men for doing the same work.
Note that the 1949 California
Equal Pay Act, as well as the federal Equal
Pay Act of 1963, provides the same guarantees. Thanks to the effectiveness of current laws,
few complaints are heard. In recent
years the California Labor Commissioner received only a handful of complaints:
six in 2010, seven in 2011 and eight in 2012.
So why this new law? It’s that another wrinkle is added to the
Labor Code, wherein the employer must “affirmatively demonstrate” how any pay
differential is based on work that is “substantially similar.” These new provisions will make it far easier
for claimants to extract favorable settlements from their employers. And who benefits from this new law? Consider one of its principal sponsors, Equal Rights Advocates, a San Francisco
advocacy group, which derives income by representing women claiming to be
underpaid by their employers. As
litigation had dried up, something had to be done to spur business; SB 358
fills the bill.
Criticism of the imperfect workings of the law
is as old as civilization itself, with examples found both in Shakespeare’s Hamlet and Dickens’ Oliver Twist. However, a most
poignant observation on the subject may be attributed to German Chancellor Otto
von Bismarck, who said: “Laws are like sausages. You should never see them made.”
In addition to this Straight Talk by
Al Jacobs, I’m now generating a monthly Financial
Newsletter. It normally appears the first of each month and may
be viewed on my website. Click onto http://www.onthemoneytrail.net/