Employment law is a mainstay of state economic policy. Few question its efficacy as a means to correct “market failures”—like unlivable wages for meaningful work—that would leave society in shambles. In fact, no serious debate exists among American policymakers about the benefits of such laws. Their utility is simply assumed.
But laws that restrict or stipulate the terms of voluntary employment contracts stifle economic progress and make life harder for everyone—even those for whom the laws were designed to aid.
Minimum wage is the most basic example of such a law. By outlawing employment below a certain wage-rate, the state ensures that no one works for less than what its officials consider a “living wage.” The first federal minimum wage legislation was the Fair Labor Standards Act.[1] Since its passage in 1938, the bill has been amended many times—usually to adjust the minimum wage to account for inflation. Today, the federal minimum wage is $7.25 per hour……. But what Congress did not know (or chose to ignore) was that employers cannot pay an employee more than that employee’s discounted marginal revenue product—their contribution to the employer's firm's revenues. For example, if an employee generates $10 of revenue for their employer every hour, their employer will not pay them more than $10 per hour. Otherwise, their contributions to the firm would amount to net loss. Employers cannot simply raise every employee’s wages without regard for the employee’s marginal revenue product. The unseen effect of minimum wage is now made clear: all workers who are unable to generate more revenue per hour for their employer than the legal minimum hourly wage are laid off. To Read More…….
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