Dirty No-Longer Secret
Following on Dean Baker's point, the upsurge of anger at casually bestowed bonuses for top bankers--the same who so drastically botched financial matters with consequences apparent for all to see--is evidently the American way of backing into a normally buried question, namely, is there a public interest in regulating salaries?
If you believe that "the market," in the guise of a self-perpetuating "executive compensation" establishment, is entitled to do whatever the market likes, and damn the consequences, then the AIG, Fannie Mae and Freddy Mac bonuses are the ordinary, unexceptionable price of doing business.
If you believe, on the other hand, that the discrepancy between top salaries and medium salaries is outlandish, then the logical policy is to raise top tax brackets. Whether any particular bonuses are warranted is a question that can be disputed by reasonable people. Whether the public good has a claim to the proceeds would seem to be indisputable.


















Or could it be another, also buried, question - who will use the threat of salary regulation, the process of salary regulation, and the consequences of salary regulation - as leverage and for what purpose?
The last paragraph is quite revealing because it deals with the gap in top and middle salaries and not the buying power of the lowest salary.
This obession with The GAP shows that some people would accept a dramatic reduction in the lowest salary, as long as The GAP is also reduced.
So, what started as the banking witch-hunt very quickly transformed itself into the age-old failed debate
April 4, 2009 7:45 PM | Reply | Permalink
What about the failures of Government in this mess? It is the abdication of responsibility by numerous public officials elected and appointed that allowed excess to continue. Regulation was in place to derail this which was deleted, debauched, and denied. The financial industry didn't fail, they were too successful. The regulators failed in their jobs and failed miserably.
April 4, 2009 7:57 PM | Reply | Permalink
Perhaps you define "success" rather more narrowly than those of us who worked to earn all those dollars entrusted to to the "financial industry" through 401(k) and IRA accounts.
The successful financial industry built a house of cards out of undercapitalized/overleveraged "assets", sucked their own "success" out of it before its collapse, then left the remains for the rest of us to clean up.
I agree BTW that regulators should have been more on the ball, the lack of oversight was a massive political failure on both sides of the crooked aisle.
April 4, 2009 11:34 PM | Reply | Permalink
don't bother responding to right-wing ideologue provocateur "Scooter". he's not a serious commenter. he lives and breathes only to mess with your mind. he supported everything Bush did and didn't do, including Bush's crime of eviscerating federal oversight of finance.
"Scooter" is a hollow man, an invisible man, though he could possibly be a woman, judging from "his" use of language and syntax.
April 5, 2009 1:38 AM | Reply | Permalink
Whatever Shooter's other views much of what he writes here is sensible. There was an already occuring regulatory failure reinforced by governmental actions in the cases of both Glass-Steagal and Treasury's opposition to Brooksley Born.
Personally I deplore the Government trying to legislate salaries but also unbridled take-home compensation across the board and the destructive over-emphasis on short term results not only in Financial Services but also across the board..
All of which could be addressed(won't be , I'm sure) by returning progessivity to taxation of ordinary income while maintaining a more favorable cap gain rate but with more appropriate time horizons.
Something like 40% on the $400K-$500K ordinary income segment rising by 1% for each succeeding segment until it reaches 90% combined Federal and State at segments starting around $5 million. With cap gains taxed at 30% at 3 years declining semi annually to 15% at 5 years.Anything longer ceases to motivate.
That would reinstate the appeal-for both the employee and the share holders- of employee stock options for actions actually contributing to the company's long term success . As opposed to financial statement manipulation or excessive risks.
Not an academic suggestion. Mostly a description of the code Ike inherited from Harry.
April 5, 2009 7:57 AM | Reply | Permalink
flavius,
good post.
I voted for Ike, I liked him; apart from that it wasn't until Reagan ran that I voted for another Republican, Reagan (once), whom I came to dislike vehemently.
As to the salary structure at the upper levels, I think its often set up in such a away that it encourages manipulation that is good for the manipulator but bad for the company and the general public.
April 5, 2009 1:49 PM | Reply | Permalink
Conservatists endorse Adam's Smith's view of the power of self interest. Rightly.
Most, not all,are less apt to acknowledge the corollary that self interest isn't just effective enough so we're motivated to work hard and creatively. it goes right on motivating us to do whatever it takes to "succeed".
April 5, 2009 4:15 PM | Reply | Permalink
Do Conservatives endorse what Adam Smith said in The Theory of Moral Sentiments? Seems they chose the part that (they say) said "greed good, make as much as you can" and forgot that he never endorsed greed or corporate monopolies.
What we have is Authoritarian Monopoly Capitalism, which is the opposite of what Smith intended.
April 6, 2009 2:42 AM | Reply | Permalink
Yes. Not only was Smith aware of the abuses he correctly feared might be inherent in capitalism but as Dr.Johnson described him he was a deeply compassionate man(like Johnson himself) with real concern about the living conditions of the poor. In which the Ayn Rand/Alan Greenspan conservatives are less apt to follow him.
But he was also familiar with the downside of the stultifyingly over-regulated middle ageseconomy as described by Tawney and Weber.
At least capitalism didn't employ the auto de fe!
April 6, 2009 8:23 AM | Reply | Permalink
The neocomrade is tryin' a little too hard, I think. Perhaps one might strike "abdication of responsibility" and insert "inadequate performance"?
However the really disastrous brain disease here is the displacement of responsibility: she who allowed the shooting to continue (and also just happens to be an enemy of the rhetor's faction) is obviously far more to blame than anybody who merely pulled a trigger or two.
"Somebody stop us before we smash Amglo-Saxon Capitalism again!," holler Scrooge and Warbucks.
Happy days.
April 5, 2009 8:10 AM | Reply | Permalink
No, I think "abdication of responsibility" is quite accurate.
Even supposing Republicans/ small government conservatives would like the opportunity to bash government regulators and Democrat politicians partly/equally responsible for regulatory repeals, it is not "okay" to just ignore the government angle.
It seems to me the very fact of Democratic culpability in the meltdown is a big part of what will prevent problems from being addressed. I see no reason why some misplaced desire to protect these people should have priority over fixing the problems.
If they're wise, they'll do it without having the public turn it into a big fuss.
We'll see.
April 5, 2009 3:59 PM | Reply | Permalink
You have to decide what the purpose of tax policy is. If it is to control behavior (like tobacco taxes) then one can't really use it as a revenue source. The extent that it alters behavior removes the income stream.
If is meant to raise revenue, then it should be optimized for this purpose. So, logically the way to get the most from the income tax would be to make the progressivity steeper, eliminate the breaks on unearned income and restore the estate tax. If all the sources of income were treated the same for tax purposes then arguments about changes in behavior of key employees wouldn't hold up.
The reason that compensation has tilted towards bonuses and stock options is strictly an artifact of the tax laws. There are, for example, limits on how much a person's salary can be treated as a business expense. These other forms of compensation get around that. So fix the tax laws and the rest of the issue will resolve itself.
April 4, 2009 8:59 PM | Reply | Permalink
Is it a candy mint or is it a breath mint? Tax policy can and should be used for both revenue and as well as providing incentive or disincentive to behavior. The trick is of course to set the policy and determine the effective incentives and then get congress to institute those incentives. And that is quite a trick.
But raising taxes on extreem high incomes (and getting rid of loopholes) would have an overall effect of focusing executives on working for the long term stability of their company instead of being lone guns looking to get rich quick. With less cash going to execs money would gravetate to building assets both facility and personel. Stable growth raises revenue for the long run.
Likewise tax incentives should be given to behaviors and whole industries that are deemed advantagious for the long term wellbeing of the nation. Alternative energy comes to mind. Giving real incentive there would create oportunities for entrepreneurs, create jobs and economic growth at the same time solving our biggest real world problem for the future. The idea that government shouldn't get involved in enginering the economic environment is silly. The government will do it one way or another so it is best to acknowledge the fact and do it in plain view and with forethought.
And that is our friend shooter's cue to say, "Sigh...". He thinks (or says he thinks) that execs are the only important people in the business world and all those little people are just grist for the mill. He can't seem to get it in his head that if you don't have workers you don't have work or wealth creation.
April 5, 2009 5:45 AM | Reply | Permalink
Yeah isn't that covered by the Commerce Clause.
I get a chuckle out of the people who think the constitutional 'right of privacy' extends to corporations. Is that because the SCOTUS ruled in Buckley v. Valeo that corporate money has 1st amendment rights?
April 4, 2009 9:20 PM | Reply | Permalink
If you believe, on the other hand, that the discrepancy between top salaries and medium salaries is outlandish, then the logical policy is to raise top tax brackets.
Why not regulate the salaries directly? You can institute a 20 to 1 or 30 to 1 rule that directly prohibits these gross disparities in earning, ties the interests of top earners more closely to bottom earners, and also results in firms to plowing more money back into their firms, including in the form of better salaries and benefits for the other employees.
It always seemed oddly inefficient to me that we would first let the firms pay out the big money to the executives, and then take it away. That also seems like a recipe for tax code mischief and government waste. Why go the tax bracket route when we can legislate right to the root of the matter.
At the very least, we can institute a quasi-voluntary 20 to 1 system, where firms that participate are eligible for all sorts of government benefits unavailable to other firms who pay their execs by the old-fashioned robber-baron system.
April 4, 2009 9:40 PM | Reply | Permalink
There was an interesting letter in this weekend's FT which suggested that once compensation reached a certain multiple of median wages, all additional remuneration should be in the form of restricted shares, releasable in ten years or so. Not options, or preferred, but common shares.
April 5, 2009 7:21 AM | Reply | Permalink
I suggest returning to the tax rates of the Eisenhower Administration, a period of robust economic growth. that would be 90% on income over $250K. Sounds about right to me, though I would tweak the law to tax all income, including capital gains and inheritances, the same.
April 4, 2009 10:09 PM | Reply | Permalink
returning to the tax rates of the Eisenhower Administration
I got your bumper sticker right here:
I Like Ike!
April 4, 2009 11:29 PM | Reply | Permalink
HEY, I GOT A JD YOU KNOW. Juris Doctoris, I do not go around saying: CALL ME DR. DICK. hahahahahaahah
Good sense in this comment. I am with you all the way. DO A POST. We will get ya 50 comments and 30 rec's.
April 4, 2009 11:57 PM | Reply | Permalink
We once had that 90% tax rate because it was recognized and acknowledged that 10% of the population were the recipients of 90% of national income. We also have issues where the billions used to influence government comes from the pool of excess dollars that are the product of a wayward tax code. I suspect the money used to influence our lawmakers could be put to far better use than influencing legislation that in the end is targeted to creating laws that harm the majority. The tax rates on high incomes have to be raised to reduce the disproportionate flow of dollars to the political class. What that resolves to is corruption plain and simple.
None of this will ever happen anyway. Even though the system is obviously corrupt beyond measure, the very persons who gain from that corruption are the same ones who control it. Ordinary citizens will have to get organized in a serious way before this will change.
April 5, 2009 12:20 AM | Reply | Permalink
What the people need to do is to turn the confidence it took to put an unorthodox candidate like Obama in office towards electing a social welfare labor Congress starting with the defeat of the Blue Dogs. The first thing we need to understand is that there is nothing "moderate" or "centrist" about people blocking reform on a scale big enough to make more than an incremental difference. We don't have the time for that anymore.
April 5, 2009 11:22 AM | Reply | Permalink
Geez bud, that 10% makes 90% isn't even close to true. The top 10% makes 40%. Ignorance is not bliss, and certainly doesn't help what little credibility you might have.
April 5, 2009 11:50 AM | Reply | Permalink
This chart is said by its creator to be based on Saez & Piketty's research (I haven't been able to open the Excel file to check it).
It is an interesting visual demonstration of the equivalency of income inequalities approaching Great Depressions and Great Recessions.
April 5, 2009 4:14 PM | Reply | Permalink
If you haven't seen this yet it's a roundup of Alan Reynold's dispute over S&P's methodology with rebuttals from various sources. It's a wonkish delight.
April 5, 2009 7:31 PM | Reply | Permalink
Thanks. I've bookmarked the link for late night reading.
I was of the impression that the Great Compression wasn't that controversial. But I'm willing to be disabused.
April 5, 2009 9:07 PM | Reply | Permalink
We have already seen why simply raising the income tax rate on excessive pay doesn't work. The masters of the universe will simply change the definition of a few words, pay Congress to recognize the new definitions, and back to business as usual.
The unfortunate reality is that once you have a lot of money, there are few restrictions on what you can do. And, if you try to stand in the way of one of the masters as he tries to grab still more money, you are the one who will regret it.
This problem can only be solved when Americans get involved and are willing to vote in their own best interests, not letting expensive campaign ads and TV shows do their thinking for them. That isn't going to happen.
April 5, 2009 12:54 AM | Reply | Permalink
Well, if folks aren't paying attention, at least we can take over the local parties and begin controlling the nomination process.
April 5, 2009 11:24 AM | Reply | Permalink
Yes, it is possible to influence the primary result, but if folks are only paying attention to the TV and the ads, the candidate we get nominated will still lose to the Republican.
If Americans were more like Europeans, we could mount a very effective general strike, and retake the political process fairly quickly. Probably the National Guard would be called out to break up such a strike, resulting in some casualties, but Ghandi and King taught us that those casualties can finally arouse the populace to start thinking.
April 5, 2009 12:28 PM | Reply | Permalink
We're at a point now where most people have figured out they've been the victim of more than one con game - Iraq, Wall Street, etc. - so I think the effectiveness of the ads and the spin may be diminished. Alas, we do not have a political party ready, willing and able to take advantage of this opportunity when it comes to pushing for meaningful reform. We have the same old, same old, centrist b.s. that no one believes in anymore and which is way too incremental for the times we live in today. By the time their nuanced wonky tweeks get enacted the globe has passed them by.
April 5, 2009 1:14 PM | Reply | Permalink
Todd, "botched" financial matters appears to be a bone of contention with William Black, judging from his interview with Bill Moyers yesterday. We might be more accurate to use "criminally fraudulent" as our adjective.
http://www.pbs.org/moyers/journal/04032009/transcript1.html
A higher tax rate for the super wealthy may be a fair and necessary end, but offshore and foreign tax havens are still ripe for the pick'ns. Tax deductable charities are the next in line for serious review, especially the pulpit.
This Bill Moyers Journal interview Friday is staggering, and well worth the read.
I'm with our friend Bill Moyers and his guest. You know that gut feeling? There was no "botching" to it. That sounds like "oops".
April 5, 2009 2:51 AM | Reply | Permalink
Todd,
I was actually trying to pose a somewhat different question. In the case of Fannie and Freddie the government is actually paying these salaries. It is not a question of the market setting salaries, it is a question of what salaries we feel like paying.
Arguably it is a similar story in the case of the companies that would be bankrupt (e.g. AIG, Bank of America, and Citigroup) without taxpayer dollars. In these cases, the market is not letting salaries go through the roof, the taxpayers are.
More generally, I think there are important issues of corporate governance (the rules are set by the government, not the market) that allow for stratospheric executive compensation, but in these cases the hand of the government is very direct. So, I'm not opposed to progressive taxation, but the point here (at least to me) is that the sky-high pay is coming directly from the taxpayers. It is not a market outcome.
April 5, 2009 8:58 AM | Reply | Permalink
Stating taxpayers are party to the decisions that have been made is a gross misstatement of fact. Taxpayers are in no way party to or accountable for salaries.
April 5, 2009 10:55 AM | Reply | Permalink
"Is there a public interest in regulating salaries?"
Yes, but regulation cannot work when the regulators and the regulated are partners in crime. Our society is terminally polluted. Phony regulation is just another way for politicians to create jobs for their lawyer friends at public expense.
April 5, 2009 10:08 AM | Reply | Permalink
1. pass a maximum salary law that establishes a means by which to calculate the maximum any one individual can earn as an employee--even under contract---that would work to hold down the obscene salaries of executives and others who make far more than anyone could ever justify. One way to do it would be as a multiple of the lowest paid employee in the corporation. That way, if they wanted to make more, they would also have to pay the people at the bottom more and everyone would benefit for once.
2. Also tax the hell out of them. We should go back to a 90% marginal rate on ALL income earned and unearned.
No matter what is done, the rich will remain so and while they might not be quite as filthy rich as before they have no legitimate complaints given what the vast majority of the rest of their countrymen and women live on.
April 5, 2009 11:19 AM | Reply | Permalink
. . . the rich will remain so . . . .
The real competitive good is status.
What we want to do is deprecate "getting and spending" as the primary marker of status and make the top dogs' status depend upon their treating their vocations as callings. We should want them to find their status in the praise they receive for using their gifts for the common good.
High tax rates will go a long way toward altering the type of status the "rich" compete for.
April 5, 2009 4:39 PM | Reply | Permalink
That reminds me of a comment a priest once made to my mother. He said the real reason the Catholic Church has had such a hard time finding priests in recent decades is the loss of status for the calling -- and this was before the child abuse scandals.
April 5, 2009 8:46 PM | Reply | Permalink
Does it ever seem that, while Western governments have advanced from feudalism to democracy, Western corporations remain medieval institutions, ruled by a few lords with unchecked power. Maybe we need to democratize our corporations (public and private), force transparency about pay at all levels, and require employees to have some vote on company policies, including compensation policies. That would pretty much put an end to the abusive pay practices. If you work by yourself, for yourself, you can pay yourself anything you want. But once you bring other people into your organization, you have to give them a voice in the organization's policies. It sounds radical, but so did the ideas of Jefferson, et al. back in 1776.
Higher tax rates on large incomes would help too.
April 5, 2009 7:37 PM | Reply | Permalink
I fear we may be returning to feudalism.
April 5, 2009 8:48 PM | Reply | Permalink
Returning?
April 5, 2009 9:10 PM | Reply | Permalink
That is the plan. Turn this into just another third-world country run by death squads (ultimately.) The rich will live in the hills and never, ever see the rest of us except who washes their toilets.
We really are at a crossroads now, where with the right spark we could get rid of the system; but "they" still control the media, and that is job one to fix. When we can hear OURSELVES in the media, we know we're on the way to a resolution. Until then, it's a desperate fight for our future.
April 6, 2009 2:38 AM | Reply | Permalink
I think Reagan is the unsung Father of modern Fascism; he got rid of the fairness doctrine, slashed corporate taxes (decimated them would be more accurate), and dropped the rate on the wealthiest (it used to be as much as 80% if I recall correctly.)
Darn right: bring back the tax code circa 1978 and see how broke the people and states stay. Not, is the point. If business can't (read: won't) perform for less profit, then nationalize that sector.
Let's have fun trying to catch up with the Norwegians, Danes and Swedes. I'm ready for huge tasty gulps of Real Socialism, gol darn it. Medicine, Telecommunications, Energy, Water, Education. And let's put Monsanto out of business before we retire for the evening.
April 6, 2009 3:04 AM | Reply | Permalink
I don't think backlash against THESE bonuses and executive compensation equates to a larger US backlash against insane salaries at Corporate or financial institutions.
Those Americans most directly interested in those salaries (shareholders) barely mount a protest against the 'market dictates' these huge salaries. Granted corporate governance doesn't stack the deck evenly against shareholder activism.
******************************
THESE particular bonuses and salaries stopped being a 'market' issue once it became significantly taxpayer money keeping the companies afloat. IF it wasn't - most US folks prob. wouldn't care and wouldn't consider it important to regulate compensation.
April 5, 2009 8:27 PM | Reply | Permalink
just skimming the comments here, everyone I see is going on about the tax rate to the individual ...
a more important, and to my mind more basic issue that can be fixed by a simple IRS interpretation ... denying the business from deducting excessive salaries & bonuses as a business expense.
You can pay 'em whatever you want, the lucky ones can pay income tax at the prevailing top marginal rate. but the business can't deduct anything over, say $2 million per year as a necessary and ordinary cost of doing business.
Now clearly a Citicorp or a GE has a zillion accounts and transfer prices that can be manipulated, perhaps, so that the company doesn't incur a higher tax bill because they can't deduct a half a billion or whatever in outrageous executive giveaways ... but at least they'd have to make the effort to do the manipulations, and at some point even for them and at a much sooner place for much smaller companies, that regulation would bite and force businesses to regulate their own behavior.
I'm a bit of fan of big-media sports, I myself might go for an exception for unionized employees of anti-trust-exempted sports leagues, but our Congress is so sleazy, and our pitchfork momentum is so necessary, that I gotta say it's gotta be a populist revolution, with a low limit and no exceptions for anything ... you can pay 'em more than 2 or 3 mill a year, you just can't deduct it as a business expense on the business's tax form.
April 6, 2009 12:47 AM | Reply | Permalink
If people get angry enough to wonder why there aren't salary caps and work to impose them, that would be a great outcome. All the justifications for needing a salary in excess of say, $2,000,000 per year, come from right-wing economics texts, not from practical experience that anyone has. If you can't get by on less than $2M/year then we should send you to an island asylum where you and others like you can listen to each other whine. The rest of us can do with "mere six figure salaries" - HA HA HA.
A Global Exchange bumper sticker reads
GLOBAL MINIMUM WAGE
GLOBAL MAXIMUM WAGE
and it's about time to impose wage caps on people who make 100 times the mean salary in this country. No job is that important, and if you want to disagree, then let's go shop for CEOs in MEXICO where we could find good ones who WILL work for "no more than" $2 million per year. Because Outsourcing works at every level - RIGHT?
I thought so.
April 6, 2009 1:58 AM | Reply | Permalink