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Mark Green

Mark Green

Posted: October 22, 2009 08:48 AM

Taming Corporate Pay, Finally

What's Your Reaction?

Complaining about executive pay and perks has the feel of King Canute shouting at the tides. But is the reported, imminent slapdown by "pay czar' Ken Feinberg of the pay packages at seven bailed out firms the breakthrough critics have been waiting for?

Until this year's populist fury over bonuses burst the damn, Wall Street has for decades largely brushed off attacks on corporate compensation like Jay Z flicking lint off his lapel. Despite Dennis Kozlowski's $16,000 umbrella stand. Despite ExxonMobil's Lee Raymond earning more per hour in 2005 than his line workers earned per year. Despite the top tenth earning 30 percent of all income from the 1940s to the 1970s but 45 percent today.

Defenders of the executive status quo have had five self-serving arguments that they could rely on:

  • "A CEO had to keep up with his competitors or a firm could lose him." How free market advocates could argue that competition was desirable everywhere except their own pay was an inconsistency that bothered few who profited from the analysis. They understood that compensation consultants would tell each of their clients that they had to keep up with the Joneses. So all happily rode this escalator together.

  • "It's up to the shareholders." But since corporate ownership and control were separated generations ago - shareholders technically own but don't run their firms - this was a convenient way to sound responsible but escape accountability.

  • "The Board determines pay packages." But who determines the Board? Imagine if batters could call balls and strikes. The Management-Board system still allows executives to effectively write their own tickets since the CEO chooses both compensation consultants and board members loathe to offend their employer.

  • "Pay inequality is the price we pay for economic growth." This blend of Ayn Rand and John Locke doesn't fly in a global economy where Japanese CEO counterparts earn a quarter as much and seem pretty motivated and efficient. The enormous shift in real income from the bottom 90 percent to the top one percent is not the result of the "unseen hand" but intentional policies of Reagan and the Bushes slashing taxes to the rich, weakening labor law enforcement, deregulating consumer and financial rules, eroding the minimum wage. Our current version of the Gilded Age is hardly inevitable since real wages doubled and the income of the top one percent actually fell during the 1929-1947 "Great Compression," in Paul Krugman's analysis.

  • "Movie stars and star athletes also earn outsized incomes." Yes but a) they at least have objective measures like batting averages and attendance and Neilsons to determine success and b) they don't play the role of both labor and management in salary talks. When Babe Ruth famously said that he deserved more money than President Coolidge in 1927 "because I had a better year," he could cite stats.


Executives at bailed out companies are now encountering a new reality: the old arguments are untenable if not laughable at firms that wouldn't exist without the massive injection of taxpayer funds. The public is rightly disgusted when billions in bailouts became billions in bonuses to such wards of the state as AIG. (On average, CEOs at 29 of the largest public financial companies saw their perks and benefits grow four percent, or over $380,000 each, as the Great Recession took hold in 2008.)

Now comes Feinberg who under the Economic Stimulus law has the unprecedented power to reject some pay packages as excessive and better align shareholder and executive interests by replacing over-the-top pay and perks with stock that can't be sold for years. Even the desirable "Say on Pay" legislation, if enacted, probably wouldn't be able to do this. He alone can't force such changes on thousands of other companies. But if he limits and/or jawbones down pay and links it to long-term gains, then if President Obama follows up by using his bully pulpit to urge others to follow suit -- as Credit Suisse has announced it will do and as The Group of 20 Nations has proposed in a best-practices proposal -- this could be the pebble in the rockslide. Obama and Feinberg could finally slow or stop capitalism-without-risk, when executive salaries rose during good times (since they created the wealth) and rose during bad times (since they had to be bribed to stay).

Earlier eras saw public backlashes after Republican abuses led to jumps to new paradigms. Like antitrust laws. Like labor laws. Like consumer and environmental laws. Like corporate pay?

 
 
 
 
 
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HUFFPOST SUPER USER
ProgressiveVoice
07:37 PM on 10/22/2009
The way to rein in executive pay is not by government fiat - that would be undemocratic and anti-American. Much of the increasingly disproportionate compensation has been the result of changes in Federal tax policies. Use the same weapon to achieve more proportionate compensation and get some common good as bonus.

For example, for some corporations, executive pay should not exceed the total paid to workers. In most cases, the absence of a CEO for 6 months or a year would not affect the company's ability to operate or profit. While an individual salesperson or factory worker's presence wouldn't make a difference to the company, where would a company be without ALL the sales people or ALL the factory workers? Any compensation to a CEO over the combined comp to those that do the actual production should be taxed for the corp. as excessive profit at a high rate AND taxed at a high rate as excessive income. If a company insists it has to pay more to keep and/or reward the CEO, it should either match it with an increase to the workforce or bite the bullet and pay the 90% tax.Larger corporations could be assessed in a similar fashion using one or more division of the company.

One would hope that personal greed would cause companies to raise workers' pay so they could raise their own. Success could still be rewarded with bonuses, they would just have to be given to workers as well.
05:30 PM on 10/22/2009
Any bonuses should only be redeemable for the toxic assets the taxpayer purchased. Of course a little bonus over what the taxpayers paid might be appropriate as well.
03:35 PM on 10/22/2009
This is unconstitutional I hope some bank exec.'s sue. When the assistance was voted for there was no pay regulation in it. 6 months later it was added and we have a little thing called contract law here in America.
01:45 PM on 10/22/2009
Everyone is to be blamed in this disaster. Consumers borrowed and bought too much houses that they could not afford. The greed is coming from all sides not just the bankers.
01:26 PM on 10/22/2009
A system has to make sense at least to a degree that it can be somewhat good for all its citizens. Right now, things are so skewed that there's almost no reason to work. This is the core reason behind that repub talking point that Americans are unwilling to do certain jobs. That's bunk. There are plenty willing to do those jobs, they just don't want to feel like a humiliated slave doing it. Cut pay to the rich a little give that to the lower jobs and voila-more functional society. Or they can keep on the path they're on and face the guillotine one day

Repubs complain about big government and self determination but the fact of the matter is that the baby boom and post WWII prosperity would never had happened if government hadn't essentially tamed the corporations a little bit
01:42 PM on 10/22/2009
Most of the rich people I know deserve the money that they make. I don't want to take their money.
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yakmeat
My bank account is emptier than my micro-bio.
03:53 PM on 10/22/2009
Perhaps it isn't about taking "their" money at all. Maybe it's about creating a system where anyone who is willing to work hard can actually make a decent living. If I can make enough to feed my kids (which isn't really a problem now since I can't afford to have any) educate them, keep a roof over my head and look forward to a secure retirement, I don't care if Bill Gates makes a billion dollars. The problem isn't that the rich are making money. The problem is that nobody else is.
12:36 PM on 10/22/2009
Just wait till they tell you that *you* are making too much money.

Do I think that these guys should be making billions for running failed businesses? Nah. BUT we shouldn't have bailed them out in the first place. Had we not bailed them out, they would have suffered the natural consequences of their lack of leadership ability and foresight. No pay at all because they had to close up shop.

But once we start saying what people can and cannot make or that they make too much, etc etc....why WOULDN'T people call this administration Socialist?
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HUFFPOST SUPER USER
henryberry
author of books on contemporary culture
12:04 PM on 10/22/2009
The problem is not that some in America have fantastic riches, but that so many have. That there are so many is evidence of a class which has positioned itself to amass and preserve such fortunes. Temporarily lowering executive earnings distributively does nothing to break up this class or resolve the imbalance of the control over the country's money, assets, and equity. Only restructuring including strong regulation and oversight will fix the problem so that once again entrepreneurialism, risk-taking, invention, vision, and intelligence linked with drive will fuel the economy.

One adage for founding a business used to be, "Find a need and fill it." This was a principle for all sorts of niche and sometimes ground-breaking products and services. By contrast, the Wall Streeters simply repeat transactions of financial instruments (e. g., default credit swaps, my favorite for is neighborly twang) to accumulate fees for doing this. Anyone who doesn't see that this is a formula for distortion and abuse knows neither elementary multiplication nor human nature. Accumulation of fees for transactions is like throwing gasoline on a fire.

Compare the ones earning fortunes today with Thomas Edison, Bill Gates, Robert Fulton, the Lindbergh brothers, and entrepreneurial, self-made, wealthy businesspersons where one lives and it's easy to see the reasons for the economic troubles. Most of those persons began their impassioned work in garages, not gleaming towers filled with computers programmed for financial trading.
11:59 AM on 10/22/2009
It seems to me that dammm few of the Wall Street investment banks that dealt most heavily in the derivatives that caused the meltdown have been affected by this at all.

Will they be forcing Goldman to cut back.

I didn't think so.
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HUFFPOST SUPER USER
coreypaul
Gay, Secularist, Socialist, Vegetarian, American
09:55 AM on 10/22/2009
ill believe it when i see it, money changes hands in many forms. those who have the money will keep it. "loop holes" are what keep politicians and corporations in power...hence...We the People, the Common Folk, just need to find our own loop holes....they are legal, so dont be nervous...
09:12 AM on 10/22/2009
It's about time. The corporate pay issue has been around for decades since Raygun started the de-regulation train rolling. My belief is that triggered the corporate pay issue and coupled with other deregulations is why we are in the mess we are in.

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