“I’m Down With The Trends”: Jeb Bush Wants To Be The Uber Candidate. Here’s The Problem With That
Jeb Bush is desperate for you to know that he is the Uber candidate. The old, 20th century ways are not for him and his bold campaign for the future. He’s sharing a ride to the glorious tech-driven tomorrow.
But what does that actually mean? So far he hasn’t said, but he’s certainly getting the coverage he wants.
The front page of today’s New York Times features a photo of Bush in an Uber car, over a story about Republican candidates embracing the company. It summed up the purpose fairly well:
Republican candidates are embracing Uber not just as a paragon of their free-market ethos and distaste for entrenched, government-protected industries, but also as an electoral strategy for building bridges to traditionally Democratic cities, where the company has thrived. During his visit to the left-leaning city of San Francisco on Thursday, Mr. Bush was ferried around, fittingly, by an Uber driver, who deposited him at a campaign event in a black Toyota Camry. “Thanks for the ride!” Mr. Bush hollered as cameras snapped away.
So what exactly is Jeb trying to communicate about the kind of president he’d be? On the surface, it’s entirely substance-free. It’s just about attitude: I’m hip to what the kids are into, I’m down with the trends, I’m forward-thinking. In that spirit, Jeb took to LinkedIn and mobilized a phalanx of Silicon Valley clichés to proclaim that his economic ideas are super-futuristic.
In a post entitled “Disrupting Washington to Unleash Innovators,” he went on and on about how liberals just want to crush innovation with their dastardly regulations, while he…well, he actually didn’t say anything about what sorts of policies he would pursue as president, other than to proclaim, “I’ve got a different view on things, and a different approach. I don’t mind disrupting the established order.” Ooo, did he say “disrupting”? How disruptive!
The truth, though, is that the president of the United States has no power to influence municipal disputes over taxi regulations, so there is approximately nothing Jeb will do as president to affect the regulations that govern Uber and other ride-sharing companies. And if you don’t feel at least somewhat ambivalent about Uber in particular, you haven’t been paying attention.
On one hand, the company provides a service that people find invaluable, and the local taxi regulations it fights against are often ridiculous (side note: despite the conservative assumption that the government “closest to the people” is the best government, it’s often local governments that are most corrupt and have the most onerous and illogical regulation). On the other hand, Uber’s leadership is apparently a bunch of arrogant jerks whose business model is built around moving into a new market, blatantly breaking the laws that restrain their ability to operate, and then trying to build pressure to get the laws changed. (Catherine Rampell lays out some of these issues well in today’s paper.)
In any case, one thing the federal government does have power over — and thus something Jeb Bush would have the ability to affect if he becomes president — is labor standards, and that’s a genuine policy dispute worth exploring. If Jeb’s right and more and more people will be earning income from companies like Uber, how should they be treated? What standards will apply to them? How are these workers going to obtain the things we ordinarily associate with a job, like health insurance, retirement savings, or paid leave?
Bush hasn’t spoken to these issues yet, but I’m pretty sure I know what his position is: the market will work everything out, and government just has to get out of the way. But we already have evidence that in some ways this approach is screwing more and more people over. It may or may not be appropriate to consider someone driving for Uber part-time to be an employee of the company, but what about a case like FedEx, which for years classified thousands of its full-time drivers as “independent contractors,” meaning the company didn’t have to pay payroll taxes or overtime, and could evade all sorts of other labor regulations? The company suffered a series of losses in court over the issue, and just settled a lawsuit by drivers in California for $228 million. Does Bush think they were in the right, and other companies should be able to just reclassify workers whenever they want?
That’s an example of what the Obama administration is trying to address with a new guidance the Labor Department just released to employers. It says in effect that you can’t just take an ordinary employee who works only for you and has all the conditions of their work controlled by you, and say, “You’re now an independent contractor” and thereby evade all your responsibilities as an employer. This kind of mis-classification has spread to all sorts of industries, with millions of employees finding themselves with fewer benefits, lower incomes, and less protection than the law says they ought to have. Hillary Clinton has endorsed the administration’s effort to crack down on mis-classification, but as of yet the Republican candidates haven’t addressed it. It’s no mystery what they’ll say, though: this is just more government meddling in the market.
There’s a lot more we should hear from Clinton on this topic and how it relates to companies like Uber, particularly since she’s the one more inclined to have government respond to the ways our economy is changing. In her economic speech Monday, she mentioned it briefly, saying: “This on-demand, or so-called gig economy is creating exciting economies and unleashing innovation. But it is also raising hard questions about workplace protections and what a good job will look like in the future.” Which is perfectly true, but it doesn’t tell us what in particular she thinks government ought to do to protect workers as the economy transforms.
I’m sure she’ll have more to say on the subject, and perhaps in response Jeb Bush can explain why government has gone too far out of its way to ensure that workers get a fair shake. Or he might even surprise us and offer a program of smart, nimble regulations that would allow innovative new models of work to flourish while still protecting people from exploitation. But until he says otherwise, we have to assume that Bush’s answer to the question of what government should do to respond to economic changes that can make workers more vulnerable is: “Nothing.”
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, July 17, 2015
“Target The Corporate Sponsors”: So Redskins Sponsor FedEx Is OK With That Racist Team Name, Too?
So Chainsaw Danny Snyder is digging in his heels again. This time, after the federal government determined this week that his football team’s name disparages Native Americans, he trotted out his trademark lawyer, Robert Raskopf, to yawn at the decision and assure racists and idiots everywhere that he’d seen this movie before and knew how it ended, which is the opposite of how most Redskins’ games end—in victory.
At least we were spared hearing anything from the execrable Lanny Davis, another of the execrable Snyder’s execrable henchmen. Lanny, a quick Google reveals, has had plenty on his plate lately anyway, the kinds of items one would expect of the ur-Fox Democrat: Writing for HuffPo that Jeb Bush would be a great candidate, whacking Obama on Fox News over the Bowe Bergdahl deal. Thank God it’s an election year. This is like choosing between water torture and nipple clothespins, but I’d much rather have to hear Davis lecture us about how he has regretfully come to conclude that the Democrats deserve to lose the Senate than listen to him bray about the grand tradition of the Washington football club’s name.
Snyder and Raskopf, alas, have a case—not an irrefutable case, but a case—on First Amendment grounds. But that question, remember, has never been tested. When a federal court in 2003 overruled the Patent and Trademark Office the last time that office declared the team’s name disparaging, it did not do so on free-speech grounds. It tossed the case mainly on the grounds that the plaintiffs had waited too long to file suit.
Presuming that the plaintiffs won’t make that mistake this time (and they apparently have not), we might someday soon have a court decide the question on the merits. That will be interesting. As I say, Snyder has an argument. Thursday morning on the radio, I heard Bruce Fein, the estimable conservative-but-heterodox constitutional scholar, say it was basically an open-and-shut First Amendment claim: Just as the American Nazi Party was allowed to march in Skokie, Illinois, in the 1970s (a heavily Jewish Chicago suburb full of Holocaust survivors), so Chainsaw Dan is entitled to call his team whatever he wants to call it.
First of all, Snyder, who is Jewish, ought to give some serious reflection to the notion that an expert defending his position had to reach deep enough into the constitutional barrel to haul out the American Nazi Party. But second, while I can’t claim to match Fein on constitutional bona fides, as the good citizens of Carrboro, North Carolina, would no doubt attest based on the night I debated him there, I would venture that his analogy is pretty inexact. The First Amendment is not absolute. There’s the clear and present danger exception. The fighting words exception. The libel and slander exception. The time, place, and manner exception. Read of them here. Obviously, a federal judge so inclined could very easily find that the offensive name constitutes fighting words or slander. In fact, I find it difficult to imagine that a federal judge who isn’t a knuckle-dragging hellspawn of the Federalist Society could find in 2014 (or 2015 or whenever the case is decided) that the name Redskins isn’t slander.
But that’s for down the road. For now, what should happen? It seems to me, decent and like-minded citizens who are leading this fight, that your next target is FedEx. The delivery giant has, of course, paid the Snyder organization since the late 1990s to have its name plastered on the stadium. FedEx is paying the team $7.6 million a year through 2025. Only—and this is really odd, but true—Royal Phillips Electronics pays more per year for naming rights, shelling out $9.3 million per annum to the Atlanta Hawks for the naming rights to Phillips Arena. Most naming rights run in the $1 million to $3 million a year range.
FedEx is probably already locked in for this fall’s season. But suppose enough pressure could be placed on the corporation that by next fall, or the next, it is willing to say: We no longer wish to be associated with this team. The company will say that if it is made to feel that its association with the team is bad for business. Into the bargain, FedEx would save itself—and cost the Redskins—something on the order of $75 million over a decade. FedEx is public. It has stockholders. Like pension funds and universities. You follow?
Imagine the blow that would be: “FedEx Withdraws Name From Stadium Over Redskins’ Name.” Sure, some other whorish corporation would step in. Maybe Sambo’s restaurant! There still is one. Redskins’ Field at Sambo’s Stadium. In a perverse way, I’m almost for it.
By: Michael Tomasky, The Daily Beast, June 20, 2014
“Thank A Postal Worker”: The Assault On This Constitutionally-Mandated Service Service Must End
Postal workers are giving it their all this holiday season, as cards and packages and returns must be collected and delivered amidst ice storms, snowstorms and wild temperature drops.
They deserve our thanks in 2013.
And our support in 2014.
Postal workers are still under assault from political slackers in Washington—like House Oversight and Government Reform Committee chairman Darrell Issa, R-California, and the wrecking crew he has assembled to diminish the United States Postal Service to such an extent that it can be bartered off to the highest bidder.
That assault has made this holiday season even tougher. Under pressure from USPS executives and privatization-prone members of Congress, the service has implemented closures and forced reductions in hours. That’s led to delays in some regions. “Much of the delayed mail is in areas where plants and post offices have been consolidated or closed or where hours at post offices have been reduced,” explains Debby Szeredy, the executive vice president of the American Postal Workers Union.
True, the Postal Service had a significantly better Holiday season than FedEx and UPS, both of which were on the naughty list amid reports on how “packages that were supposed to be delivered in time for Christmas didn’t make it to their destinations.”
But the Postal Service can’t maintain universal, high quality service if closures, consolidations and cuts continue.
The assault on this Constitutionally-mandated service service must end in 2014.
It is true that the Postal Service faces challenges. But is wrong—and, frankly, absurd—to suggest that the only fix is downsizing. That’s precisely the wrong route. Schemes to cut services and sell off parts of the service begin with the false premise that its current financial challenges are evidence of fundamental flaws.
In fact, the Postal Service reported an operating profit of $600 million for the 2013 fiscal year.
Unfortunately, despite the operating profit, the Postal Service balance sheet showed a $5 billion “loss” for the 2013 fiscal year.
Why? “Only because of an unprecedented and onerous requirement imposed by Congress that it pre-fund 75 years of future retiree health benefits in just 10 years,” as Vermont Senator Bernie Sanders notes. “No other business or government agency is burdened with this mandate.”
Ending the mandate and requiring the Postal Service to operate along the lines of the most responsible private businesses would make the USPS viable.
Indeed, the service could thrive if members of the House and Senate were to embrace the proposals of Sanders and Congressman Peter DeFazio, D-Oregon.
Sanders recognizes what the rest of Congress should: “The way to save the Postal Service is not to dismantle it piece by piece, but to allow it to generate more revenue by offering new and innovative products and services that the American people want.”
Those reforms embrace many of the proposals advanced by National Association of Letter Carriers President Fredric Rolando in a July letter to Congressman Elijah Cummings, the ranking Democrat on the Government Oversight and Reform Committee. In it, Rolando writes that comprehensive postal reform must:
1. Stabilize the Postal Service’s finances by reforming or eliminating unwise and unfair pension and retiree health financing policies that have crippled the Postal Service’s finances since 2006.
2. Strengthen and protect the Postal Service’s invaluable first-mile and last-mile networks that together comprise a crucial part of the nation’s infrastructure.
3. Overhaul the basic governance structure of the agency to attract first-class executive talent and a private-sector style board of directors with the demonstrated business expertise needed to implement a strategy that will allow the Postal Service to innovate and take advantage of growth opportunities even as it adjusts to declining traditional mail volume.
4. Free the Postal Service to meet the evolving needs of the American economy and to set its prices in a way that reflects the cost structure of the delivery industry while assuring affordable universal service and protecting against anti-competitive abuses.
There is a future for the United States Postal Service. And for the letter carriers and other postal workers who are hustling to deliver cards and packages this week.
In this holiday season, thank a postal worker. In 2014, tell Congress that it is not just possible but necessary for the United States to have a strong Postal Service.
By: John Nichols, The Nation, December 27, 2013