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Archive | 2013

Are Public-Sector Employees 'Overpaid' Relative to Private Sector Employees? An Overview of the Studies

Joseph E. Slater; Elijah A. Welenc

The laws eliminating or severely restricting the collective bargaining rights of public-sector unions passed since 2011 are one of the most important developments in both workplace law and politics in recent memory. Among other things, public-sector workers now comprise more than half of all union members in the U.S., and such unions are a major constituency of the Democractic Party. Proponents of these new laws often justify them at least in part by claiming that public employees are overpaid relative to private sector employees. This paper focuses on a large and representative selection of studies comparing the compensation of public- and private-sector employees. It reviews their findings and methodology, noting the assumptions and data-sets used. It also draws some conclusions as to the policy implications of the works discussed herein. In sum, a majority of studies have found that public workers on the whole are paid somewhat less than comparable private sector employees, but there are significant dissenting voices. A consensus has formed around a few findings. Studies almost all find that at the very bottom of the pay scale, public workers enjoy slightly higher compensation than their private-sector analogs, while at the upper end of the scales (lawyers and other professionals, e.g.), public workers are paid less than comparable private-sector employees. Most of the disagreements, therefore, are about employees in the middle of the pay scale. Second, almost all studies agree public workers receive less “take home” pay than private-sector workers, but they generally receive more generous health and pension benefits. When combining pay and benefits, a majority of studies still find a “public-sector penalty,” but others do not. Important methodological differences include how to calculate the value (and current cost) of future benefits, how to compare certain types or ranges of jobs across sectors, and whether to assign value to “job security” for government employees. For example, some public-sector jobs have direct private-sector analogs (janitors and lawyers), and some do not (police and firefighters). Furthermore, even jobs with the same title may not involve the same work. Also, controlling for employer size seems to matter: Studies that do not use such controls are more likely to find a public-sector premium than studies that do.


Indiana Law Journal | 2012

Public-Sector Labor in the Age of Obama

Joseph E. Slater


Hofstra Labor and Employment Law Journal | 2013

The Strangely Unsettled State of Public-Sector Labor in the Past Thirty Years

Joseph E. Slater


University of Pennsylvania Journal of Business Law | 2004

Homeland Security vs. Workers' Rights? What the Federal Government Should Learn from History and Experience, and Why

Joseph E. Slater


Archive | 2012

The Rise and Fall of SB-5: The Rejection of an Anti-Union Law in Historical and Political Context

Joseph E. Slater


Labor History | 1996

Public Workers: Labor and the Boston Police Strike of 1919

Joseph E. Slater


bepress Legal Series | 2006

The American Rule that Swallows the Exceptions

Joseph E. Slater


Nebraska law review | 2017

Will Labor Law Prompt Conservative Justices to Adopt a Radical Theory of State Action

Joseph E. Slater


Archive | 2015

Book Review: Jeffrey Kahan, The Unfolding of American Labor Law: Judges, Workers, and Public Policy Across Two Political Generations, 1790-1850

Joseph E. Slater


Osgoode Hall Law Journal | 2013

Attacks on Public-Sector Bargaining as Attacks on Employee Voice: A (Partial) Defence of the Wagner Act Model

Joseph E. Slater

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Dennis R. Nolan

University of South Carolina

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