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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Thursday, September 11, 2014

Editorial - Unscrupulous businesses hurt workers, honest competitors and economy

Today's  post is shared from starnewsonline.com/
Dishonest contractors are cheating taxpayers of millions of dollars and undercutting the livelihood of employees and law-abiding competitors. Regulators who are supposed to curb this type of abuse have done little to stop it.
By deliberately and illegally classifying construction employees as "independent contractors," these companies avoid paying unemployment, workers compensation and withholding taxes, among others. The extent of this abuse was documented in The Raleigh News & Observer and the Charlotte Observer as part of a larger series by McClatchy newspapers. The impact is mind-boggling.
Since 2009, the newspapers estimated that North Carolina contractors have cost state, federal and local taxpayers $467 million.
The problem extends beyond the taxman. Workers are cheated out of health insurance, workers compensation should they be injured on the job. The company doesn't pay into unemployment insurance designed to cover workers who are laid off through no fault of their own.
Many of these companies do not withhold payroll taxes, either, meaning that workers don't get credit for paying into Social Security. These "independent" workers often are paid in cash, many of them vastly underreport their income – thereby shortchanging Uncle Sam and the state kitty.
Moreover, companies that illegally cut corners often can underbid honest contractors who obey the law. Over the years there have...
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Albany Law Professor defends 9/11 heroes' ongoing health issues

Today's post is shared from nyt.com/
Thursday marks the 13th anniversary of the 9/11 attacks on the World Trade Center, a very difficult commemoration for all Americans. One of the first responders who was there credits an Albany Law School professor for easing the pain for him and potentially for hundreds more.
Jaime Hazen is a former emergency medical technician who immediately went to the scene on 9/11 to volunteer with rescue efforts, but later, when he developed serious health problems, workers comp turned him down, until the Albany Law Professor donated his services.
“Every year at this time, it opens up old wound for all Americans,” says Hazan, noting the tears come far too easily this time each year.
“It was a war zone, a war zone, hell,” he recalled.
A former EMT living on Manhattan’s Upper West Side at the time, Hazan rushed first to Chelsea Piers to help with triage -- then to Ground Zero itself to volunteer for recovery efforts.
Later, like thousands of others Hazan developed serious breathing problems.
"I have had two surgeries and I need another surgery now," said Hazan.
“This is a group of people who really need to be compensated,” said Albany Law School Professor Mike Hutter.
He got involved after the Workers Compensation Board told Hazan and others who volunteered but were not affiliated with a rescue agency that they were not eligible for benefits. Hutter took...
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Benzodiazepine use and risk of Alzheimer’s disease: case-control study

Objectives To investigate the relation between the risk of Alzheimer’s disease and exposure to benzodiazepines started at least five years before, considering both the dose-response relation and prodromes (anxiety, depression, insomnia) possibly linked with treatment.

Design Case-control study.

Setting The Quebec health insurance program database (RAMQ).

Participants 1796 people with a first diagnosis of Alzheimer’s disease and followed up for at least six years before were matched with 7184 controls on sex, age group, and duration of follow-up. Both groups were randomly sampled from older people (age >66) living in the community in 2000-09.

Main outcome measure The association between Alzheimer’s disease and benzodiazepine use started at least five years before diagnosis was assessed by using multivariable conditional logistic regression. Ever exposure to benzodiazepines was first considered and then categorised according to the cumulative dose expressed as prescribed daily doses (1-90, 91-180, >180) and the drug elimination half life.

Results Benzodiazepine ever use was associated with an increased risk of Alzheimer’s disease (adjusted odds ratio 1.51, 95% confidence interval 1.36 to 1.69; further adjustment on anxiety, depression, and insomnia did not markedly alter this result: 1.43, 1.28 to 1.60). No association was found for a cumulative dose <91 prescribed daily doses. The strength of association increased with exposure density...


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Worker Compensation Stalls in Second Quarter

Today's post is shared from blogs.wsj.com.
Growth in worker compensation nearly stalled this spring as wages stagnated and health benefits fell.
Private employers in the U.S. spent an average of $30.11 per hour worked for total compensation in June, the Labor Department said in a report Wednesday. That was up just 0.4% from March, a sharp slowdown from its 1.2% gain in the first three months of the year. Total compensation rose by 1.4% in the final three months of 2013, the fastest rate of the recovery.
Growth of private-sector wages slowed to 0.3% between March and June, down from a 1% rate in the prior three months. Wages account for 70% of total compensation.
Expenditure on health benefits fell 0.4% between March and June after jumping 2.6% in the first three months of the year. Health benefits are the second largest element of employee compensation behind wages, accounting for 7.8% of total expenditure.
Economists are closely following measures of employee compensation for clues on labor market health and on the strength of price pressures throughout the economy. Stagnant wage growth during the economic recovery has signaled a high level of unemployment and tame inflation.
Employer costs for employee compensation is one of two gauges that capture both wages and benefits. Several narrower gauges focus on wages. The most closely followed of these is the Labor Department’s measure of average hourly earnings, part of the agency’s monthly Employment Situation report.
Similarly, economists and policy...
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Call for lung cancer screening in UK


Guest post shared from the bbc.com

Delays introducing lung cancer screening in the UK could cost thousands of lives, warns a leading cancer expert.

Prof John Field of Liverpool University says planning should start now for nationwide screening of older smokers by the end of 2016.

US data suggests screening can detect lung cancer early, leading to 20% fewer deaths, he told Nature journal.

Currently, 75% of lung cancer patients are diagnosed too late to save them.

Prof Field, who is leading the UK Lung Cancer Screening trial (UKLS), said that in 2012 someone died of lung cancer in the European Union every two minutes.


"The good news is that screening for lung cancer using low-dose computed tomography [CT scans] could reduce this enormous burden of mortality, through early detection and treatment that improves survival," he said.

"Every year we delay could needlessly sacrifice tens of thousands to the world's biggest cancer killer."

Trials under way

US guidelines suggest older people with a history of heavy smoking should be offered annual low-dose CT scans to screen for lung cancer.

The test is recommended for people aged 55 to 80 who smoked a...


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Wednesday, September 10, 2014

Corporate Lawyers Breaking Bad

Today's post was shared by Take Justice Back and comes from www.huffingtonpost.com



I cannot wait for the new Breaking Bad spin-off, Better Call Saul, about the always entertaining lawyer, Saul Goodman. For those unfamiliar with Breaking Bad, Saul's a criminal lawyer. No, literally, a CRIMINAL lawyer. Saul already has a new fake website complete with a banner ad, "Welcome Lawbreakers!" It's a joke, of course, not to mention fiction. And yet, I think Saul would find himself right at home in the legal departments of some of today's mega-corporations, at least based on what we've been seeing in court lately. And that's no joke.
Last week, an extraordinary decision was issued by the federal Third Circuit Court of Appeals in an asbestos case, which really should rock the corporate defense bar. In the case, Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., asbestos victims provided evidence to the court that "that BASF and ['the New York law firm that defended it for years in asbestos cases, Cahill Gordon & Reindel LLP'] systematically collected and destroyed or hid evidence of asbestos-contaminated products produced by a BASF predecessor, Engelhard, in order to evade liability and forge quick settlements." See more here. It was enough evidence to revive a fraud case against BASF and its law firm for "lying about the toxic material, then depriving those injured by it of their day in court."
This federal decision comes in the wake of fraud allegations made against a company called Garlock Sealing Technologies, which makes...
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G.M.’s Board Is Seen as Slow in Reacting to Safety Crisis

Today's post was shared by Take Justice Back and comes from www.nytimes.com

DETROIT — After General Motors emerged from bankruptcy and a government bailout five years ago, the board of directors of the “new G.M.” was expected to keep a more watchful eye on a company that had gone seriously off track.
But on the issue of vehicle safety, the board until recently took a mostly hands-off approach, rarely even discussing the topic beyond periodic reviews of product quality with company executives, according to interviews with current and former board members, as well as G.M. officials with knowledge of the board’s actions.
In February, the initial recall of hundreds of thousands of cars with defective ignition switches was treated in such a routine manner at the board’s monthly meeting that the board’s chairman, Theodore M. Solso, said he had only a vague recollection of the details.
“I can’t remember the specifics,” Mr. Solso said in an interview. “It was a large recall. There were probably cost estimates.”
Since February, G.M. has been rocked by additional recalls totaling nearly 30 million vehicles, as well as by disclosures that some company officials had known about the defective switches for more than a decade. At least 13 deaths have been linked to the defect; the automaker is the subject of multiple investigations and has set aside nearly $4 billion to cover its costs. Although Mr. Solso said the directors were never as passive as others suggest, he acknowledged that since the first...
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Asbestos Corporation and Its Defense Lawyers to Face Justice for Destroying Evidence

Today's post was shared by Take Justice Back and comes from takejusticeback.com

Asbestos victims have been granted access to justice after presenting evidence that a corporate defense firm enabled its client to hide and destroy documents that showed their product contained deadly asbestos, the Third Circuit Court of Appeals ruled on September 3, 2014. 

In the case, Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., victims offered evidence that the defense firm, Cahill Gordon & Reindel LLP, fabricated false documents to support BSAF’s cover-up. BSAF, previously known as Englehard Corp, produced talc that was used in wall board, automobiles, dusting agents, and even children’s balloons. According to the victims’ complaint, this talc was laden with asbestos, but Cahill conspired with BASF to destroy evidence and fabricate false documents in order to prevent victims poisoned and killed by the asbestos from holding the corporation accountable in court. The victims further allege that as a result of Cahill and BASF’s fraud, victims were forced into unfair settlements, or were completely unable to file a claim against the corporation.

The Third Circuit’s decision reverses and remands a 2012 district court decision dismissing the case, and grants victims the opportunity to prove their allegations in court. In its opining, the court rejected the defense’s argument that the victims’ allegations were “conclusory and implausible”: 

“Commonsense and judicial experience underscore the...

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Tuesday, September 9, 2014

Fourth Ebola patient airlifted to United States

Health care workers are on the front line fighting the Ebola epidemic. Today's post is shared from cidrap.umn.edu/

A fourth American sickened with Ebola virus disease (EVD) in West Africa arrived today by air ambulance and is being treated at Atlanta's Emory University Hospital, as countries scrambled to send aid, with case and death numbers rising even higher in the three hardest-hit countries.According to a statement from Emory, the patient arrived at the hospital at 10:25 am local time. Television news footage showed the patient walking into the hospital in head-to-toe protective gear with assistance from a health worker, also in full protective gear.

The hospital said the patient will be treated in the same isolation unit where two American medical workers also sickened in West Africa were treated in August before their release.
Patient could be WHO doctor

Emory said it was unable to list details about the patient, due to confidentiality requirements. However, media sources suggested the patient is a doctor who got sick while working for the World Health Organization (WHO).

Yesterday the WHO announced that one of its doctors was infected with the virus while working in Sierra Leone and would be evacuated to another country. It did not say where the doctor is from or give any other details, but some media outlets citing the US State Department said the doctor is from the United States.

The patient hospitalized at Emory today is the fourth American to be airlifted out of West Africa's EVD outbreak region. The third American, Rick Sacra, MD, is being...
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Monday, September 8, 2014

Some Embattled Democrats Embracing Obamacare

Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

News outlets look at Democratic Sen. Mark Pryor's promotion of the health law in a campaign ad as a sign the law may be less radioactive. Meanwhile, Politico notes that 30 of the 34 House Democrats who voted against the law are no longer in office as the partisanship that it engendered grows.

The Associated Press: Democrats Reframe Debate On Health Care
One of the most vulnerable Senate Democrats is standing by his vote for President Barack Obama's health care law, a fresh sign that the unpopular mandate may be losing some of its political punch. In an ad released this week, two-term Arkansas Sen. Mark Pryor says he voted for a law that prevents insurers from canceling policies if someone gets sick, as he did 18 years ago when he was diagnosed with cancer. That prohibition on ending policies is one of the more popular elements of the 4-year-old law that Pryor never mentions by its official name — the Affordable Care Act (Cassata, 8/22).

The Hill: Dems Find Obamacare Ammo
Vulnerable Democrats are finding ways to tout ObamaCare in an election cycle where the unpopular law was expected to be a liability for their party. The most overt emphasis on healthcare came this week, when Sen. Mark Pryor (D-Ark.) debuted an ad centered on his 1996 bout with cancer and his vote for the 2010 legislation, which protects people with pre-existing medical conditions from losing insurance coverage. "No one should be fighting an insurance company while you're fighting for your...

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Big Judgment Against Carrier Over Deadly 2011 Nevada Train Crash

Today's post was shared by Trucker Lawyers and comes from www.truckinginfo.com

A jury decided a civil case on Friday that pitted the nation’s passenger rail service against one trucking company, with the fleet having to pay more than $4.5 million in damages, according to Courthouse News Service.
Nevada-based John Davis Trucking was found to be at fault for the June 2011 crash about 70 miles east of Reno when one of its drivers slammed into an Amtrak train along U.S. 95 in a fiery crash. It led to the deaths of six people, including the trucker.
The owner of the train tracks, Union Pacific, was awarded more than $200,000
The trial began about a month ago in federal court in Reno, in which Amtrak was seeking $11 million against John Davis Trucking, which filed a counterclaim, saying the system that would have warned the trucker about the oncoming train was not working properly.
Much of the testimony revolved around the investigation by the National Transportation Safety Board following the crash and the release of its report more than a year later. It found an inattentive truck driver and poorly maintained brakes, including antilock brakes that had been rendered inoperable, were likely responsible for the crash. NTSB also made numerous safety recommendations early this year, which drew some reaction from trucking industry groups.
Read more about this decision from Courthouse News Service.

Marijuana and Workers’ Comp

Today's post is shared from insurancejournal.com
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use.
Not only are states approving the use of medical marijuana at an astounding pace, but at least two state supreme courts – in Colorado and in New Mexico – are taking up questions that center on marijuana, the workplace and workers’ compensation.
In Colorado, in Coats v. Dish Network LLC, a man who was injured and using medical marijuana off-duty was fired. A judge upheld the termination as lawful because use of marijuana, while legal for both medicinal and non-medicinal uses in Colorado, violates federal law. The Colorado Court of Appeals affirmed the employer’s right to fire the employee, but the Colorado Supreme Court has granted a review of the case.
In New Mexico, Vialpando v. Ben’s Automotive Services and Redwood Fire & Casualty is believed to be the first case in the nation in which a judge has ordered an insurance carrier to reimburse a workers’ comp claimant for the cost of medical marijuana to treat back pain.
That case is being appealed to the New Mexico Supreme Court.
According to the National Council on Compensation Insurance (NCCI), insurers are starting to receive requests to pay for medical marijuana. However, there are those who believe that at this stage questions arising around workers’ comp are all talk and no action.
...
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Some Retail Workers Find Better Deals With Unions

The Working Life

By now, the hardships endured by retail workers at clothing stores across New York City are achingly familiar: the frantic scramble to get assigned enough hours to earn a living on painfully low wages; the ever-changing, on-call schedules that upend child care arrangements, college schedules and desperate efforts to find second jobs.

Workers and government officials around the country are increasingly pushing for change. But for an example of more humane workplaces, there is no need to jet to Sweden or Denmark or Mars. We need look no farther than Midtown Manhattan, no farther than Herald Square.

Ladies and gentlemen, step right onto the escalators and glide on up to the sixth floor. Allow me to introduce you to Debra Ryan, a sales associate in the Macy’s bedding department.

For more than two decades, Ms. Ryan has guided shoppers in the hunt for bedroom décor, helping them choose between medium-weight and lightweight comforters, goose-down and synthetic pillows, and sheets and blankets in a kaleidoscope of colors.

But here is what’s truly remarkable, given the current environment in retail: Ms. Ryan knows her schedule three weeks in advance. She works full time and her hours are guaranteed. She has never been sent home without pay because the weather was bad or too few customers showed up for a Labor Day sale on 300-thread-count sheets.

This is no fantasy. This is real life, in the heart of New York.

“I’m able to pay my rent, thank...

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DC Appeals Court Agrees To Rehear Case That Could Cripple Health Law

Today's post was shared by Kaiser Health News and comes from capsules.kaiserhealthnews.org

Short Takes On News & Events

The controversial federal court decision that threatened the future of the Affordable Care Act is no more.

The full District of Columbia Court of Appeals Thursday agreed to rehear Halbig v. Burwell, a case charging that the federal government lacks the authority to provide consumers tax credits in health insurance exchanges not run by states.

The order agreeing to hear the case technically cancels the three-judge ruling from July that found for the plaintiffs. That ruling, if upheld, could jeopardize the entire structure of the Affordable Care Act by making insurance unaffordable for millions of consumers in the 36 states where the federal government operates the exchange.

The court will hear oral arguments in the case in December. For the time being, the order also eliminates the “circuit split” that could prompt the Supreme Court to take up the case. The same day the panel from the Washington, D.C., circuit decided that tax credits are not allowed in federal exchanges, a three-judge panel from the Fourth Circuit in Richmond, Va., decided exactly the opposite.

The losers in that case, King v. Burwell, appealed the decision to the Supreme Court on July 31.

But now that there are no appeals courts technically in disagreement, “it’s much less likely the Supreme Court will take it,” said Ian Millhiser of the Center for American Progress, a liberal think tank.

It is also considered likely that the full District Court of...

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Sunday, September 7, 2014

The Affordable Care Act and Workers’ Compensation: The Known Unknowns

The future of the US workers’ compensation system is more difficult to comprehend almost on a daily basis, as the pendulum of change continues to swing to extremes and the ground becomes more fertile for political change. The recent decision in the State of Florida declaring that state's system unconstitutional ads to the continuing tension.

A few weeks ago, I attended Florida workers’ compensation attorney Gerald Rosenthal’s presentation at the national convention of the American Association for Justice  in Baltimore. He spoke at an academic seminar concerning the Affordable Care Act (ACA), ERISA and RICO. In his through evaluation he raised more problems than solutions, from a shortage of primary care physicians, opt-out systems, the evolution of wellness programs, ERISA subrogation rights and RICO claims.

During the discussion phase of the presentation, Mr. Rosenthal entertained a comment from the national guru on Social Security subrogation issues and Medicare Secondary Payer policy, Hank Patterson of North Carolina. The topic evolved into a discussion of using health care policies purchased as part of a workers’ compensation settlement to avoid subrogation involvement by the Centers for Medicare and Medicaid  Services (CMS). The jury is still out on that issue.

There are many known unknowns as to what effect the ACA will have the transformation of workers’ compensation in an era of major economic, political and  social adjustment in the United States.

As Senator Elizabeth Warren (D-MA), author of “A Fighting Chance”,  dramatically noted in a panel discussion with Professor Thomas Piketty, author of “Capital in the Twenty-First Century,” this week at the Old South Meeting House in Boston, the even growing economic dichotomy has had major impact on American workers’ as benefits continue to diminish.


Massive changes in the workplace even become more problematic when viewed in light of the changing landscape of medical delivery and restrictions made to health research. The known unknowns to the future of the nation’s century old workers’ compensation are now becoming more numerous almost on a daily basis.

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 

9-11 Museum nixes exhibit features that dispute link between Ground Zero dust and cancer, health issues

Today's post is shared for nydailynews.com

All three of the panels that upset first responders have now been changed.

The 9/11 Museum has replaced three panels that cast doubt on the link between toxic dust around Ground Zero and the subsequent health problems of thousands who worked near the site after the attack.

Last month the Daily News reported complaints about the panels by groups that represent 9/11 first responders and survivors.

Under the Zadroga Act, enacted in 2011, tens of thousands of people have received federal aid for health problems, including cancer, that doctors have certified as linked to toxic smoke and dust that lingered in the air after the attack.

But a museum exhibit titled "After 9/11" treated the connection between the air and the health issues as less certain than the federal government does.

One panel referred to the Zadroga Act as providing aid for "for those with health conditions claimed to be related" to the attack. Another said federal and city officials faced criticism for "allegedly" providing bad information about the air quality in lower Manhattan. A third panel cited a finding that dust around the site was "hazardous."The museum has been criticized by advocates for survivors and the families of victims.

A museum official said Thursday that the institution quietly replaced the offending panels in recent weeks. The new panels are similar but exclude the phrases "claimed to be" and "allegedly."

The word...

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Racing for the Cure: The Case for More Cancer Reseach Funding

Many occupational disease are malignancies. Over the decades we are encourage to "wal and Run" as society races for a cure. Once cannot no lose track of the big picture that research will require massive funding that only governmental entities will provide. Today's post is shared from nytimes.com

ON THE CANCER FRONTIER
One Man, One Disease, and a Medical Revolution
By Paul A. Marks and James Sterngold
PublicAffairs, $26.99.

You can’t be against curing cancer, just like you can’t be against motherhood or apple pie. But while the notion of finding “the cure” is immensely appealing, it can be misleading, even misguided.

Marks, a former president of Memorial Sloan-Kettering, draws from his long career in cancer research to reveal the complex, messy and fascinating reality that regrettably does not fit neatly onto a bumper sticker.

Marks describes cancer as “the existential illness”: The group of diseases that we lump under a single name arises from the basic mechanics of life. “As long as cell division is the means by which we propagate and survive as a species,” Marks writes, “cancers will develop.” Not exactly a snappy fund-raising rallying cry, but the blunt fact.

“The truth is,” he states, “basic research has been the engine for most of the successes in the war on cancer.” And basic research is open-ended and freewheeling, full of incomparable drudgery, quirky results, frustrating dead ends and unexpected left turns. But this is how scientific knowledge advances, and indeed enormous strides have been made: The death rate for cancer patients in the 35-44 age group, for example, has dropped by half over the last half-century or so.

Marks describes other factors that have contributed to the improved outlook for patients — expanded clinical trials, the development of specialized cancer centers, more accurate diagnostics, patient empowerment, the idea of patient-centered care and more widespread screening tests.

Nevertheless, it is the research at the bench that gets the well-deserved credit. Congressional cuts to the National Institutes of Health are about the worst prescription for cancer you could possibly dream up.

Danielle Ofri, a physician at Bellevue Hospital, is the author of “What Doctors Feel: How Emotions Affect the Practice of Medicine.”

The minimum wage and the Danish Big Mac

Today's post was shared by Steven Greenhouse and comes from www.cjr.org

The Los Angeles Times drops into the debate over whether or how much prices would have to rise at fast-food restaurants for their employees to get $15 an hour.

Actually, this is the first time I’ve seen the question of whether prices would rise treated seriously. Even the bad-math types we’ve seen in the last few weeks have always assumed some price increases.

But the LAT runs with this dumb-question headline:

Would a higher minimum wage mean pricier burgers?Writing about the burgeoning protests by low-wage workers for a $15 an hour wage, the paper writes this:

That raises the question: If they’re successful, will burger prices soar?

Expert opinion is mixed. The current federal minimum wage is $7.25 an hour. More than doubling that level would be an unprecedented leap.

Sylvia Allegretto, a labor economist and co-chair of the Center on Wage and Employment Dynamics at UC Berkeley, said it’s unclear whether a minimum wage bump would have enough of a ripple effect to affect consumer wallets.

“Many people have assumed that if you increase the minimum wage by X percent, the meal costs will increase by the same percent, and that’s simply not true,” she said. “There are so many other factors at work.”

No, expert opinion is not mixed on whether doubling minimum wages would “affect consumer wallets,” even if the LAT found one academic to sort of say so. If labor costs doubled suddenly, restaurant owners would have to...


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