May Have Spoken Too Soon About Salary Transparency Efforts

by:

Joe Patti

Apropos to my post yesterday about New York City requiring employers to list their salary range starting next month, I was happy to Vu Le’s tweet about Washington State passing a similar law.

However, there was bit of a “maybe I spoke too soon..” moment at the end of the Seattle Times article which mentioned that the NYC law may be amended before it goes into effect. Sure enough, two days ago The City reported that amendments are being introduced which may create loopholes and delay implementation until November.

“While the amendments are being sold as innocuous tweaks, when you read them closely they would essentially undo much of [the new law],” said Seher Khawaja, senior counsel for Legal Momentum, a national advocacy group for girls and women. “We think it would really undermine the impact of the law by excluding a large sector of New York’s workforce from the protections.”

One of the people quoted in the article represents a business group in NYC. Her rationale for not publicizing salary ranges because it might lead to salary inflation sounds a little flimsy given that the salary and compensation packages of CEOs and others have continued out of proportion to that of the employees despite not being publicized.

Among the other concerns, she said larger businesses risk getting out-bid by competitors if they make their salary ceilings public. She said the public postings could also spark salary inflation during a hiring crunch when current workers see a maximum posted that’s much higher than what it’s been historically.

The article about the transparency law in Washington notes that it doesn’t go into effect for another 10 months. Given that NYC’s law is facing revision only about a month out from its implementation is a warning to advocates to remain vigilant until the rules go into effect.  The Seattle Times piece quoted a business professor at University of Washington who observed it may take years for the effects of a law to be seen because inequities accumulate over people’s careers. How effective a law is at eliminating those inequities will require observation of years.

Starting Small And Building Momentum

by:

Joe Patti

Last month, The Art Newspaper reported that NYC would begin requiring all employers to disclose the salary range of jobs starting on May 15. Many saw this as a positive step for the arts world as well as the employment environment at large, especially since it applies to many different employment arrangements, including internships.

The new ruling, an amendment to New York City Human Rights Law passed by the city council last December, applies to roles that are remote or in-person, permanent and short-term contracts, and to interns. Any company with more than four employees must adhere to it or risk civil penalties rising to $125,000 from the New York City Commission on Human Rights.

[…]

This small shift, he says, could transform the hiring process, and potentially the wage structure, of some of the top cultural institutions in the US, many of which have been subject to activist campaigns and union pushes in recent years due to huge internal wage inequalities

[…]

Finkelpearl describes New York City’s new law as being “long overdue” and sees it as part of a “generational shift around how people look at their jobs”. He points out that it comes in the wake of the so-called Great Resignation, or the Big Quit, which saw millions of workers across the country resign from their jobs during 2021.

A tidbit I found interesting came near the end of the article where it was noted that New York State (NYS) had made it illegal for employers to ask about salary history in January 2020, but that New York City had passed that law in October 2017. As far as I can tell, New York State hasn’t passed a law about wage transparency similar to NYC’s, but there was a subtle implication that it may come in the future.

While we have seen some state governments use preemption to overrule laws made on the municipal level, there are frequently times that city level laws can evolve to encompass the whole state –even in the face of preemption. The Ballotpedia article on preemption I just linked to cites NYS governor’s override of NYC’s plastic bag ban in 2017, but a statewide ban was eventually implemented in 2020.

I bring this up because there may be some hope and value in advocating for arts and cultural causes on the local level and seeing it expand to the state. Of course, a large segment of the population needs to see the need/value to have an investment in putting laws and rules forward.  The report by the American Academy of Arts and Sciences I wrote about yesterday frames the need to support culture in terms of extant support for other industry segments.   Or as in the case of Minnesota’s Legacy Fund, Art & Culture made common cause with wildlife/wilderness preservation.

What Do We Need From Artists And What Do Artists Need From Us

by:

Joe Patti

Last week Laura Zabel, Executive Director of Springboard for the Arts, has a piece on CityLab discussing the contributions artists can bring to pandemic recovery. She references a report issued by the American Academy of Arts and Sciences that lays out policies to better support cultural organizations and workers. I haven’t read the report yet, but the title “Art is Work,” seems like a pretty good start. Near the close of her article Zabel writes along those same lines.

Artists’ contributions to the work of imagining and enacting a healthier future can be profound, but they do not come about by magic. Art is labor, and unless we build better and more equitable systems of support for artists, we will continue to miss out on this vital ingredient to help build a more just, more connected, and more human world.

The general theme of the article deals with the ability of arts projects to help solve problems, permit people to confront difficult issues, and learn about unfamiliar topics.  She mentions a number of projects that have been mounted to address immigration, communities split by construction projects and economic stability that may serve as inspiration for similar projects in your communities.

 

“Admission Tickets Are Not Bought. They Are sold.”

by:

Joe Patti

Colleen Dilenschneider made a post today providing data that shows people’s tendency to stay home rather than seek cultural and entertainment experiences has increased over the last decade. This has been a topic of conversation in the arts community for quite awhile now so it won’t come as a big surprise.  However, I think this perception has been based largely on observation, assumptions, and anecdotes rather than the hard data that Colleen provides.

Perhaps most significant to the arts and cultural community, Colleen provides a graphic in her post that shows this tendency among people with a high propensity to visit live and exhibit based experiences parallels the general US population as a whole. She comments that:

These are the people who have the demographic, psychographic, and behavioral attributes that indicate a heightened interest in visiting museums and/or performing arts institutions. It includes folks who indicate that they actively visit these kinds of organizations, as well as people like them or who have an interest in attending, but have not visited recently. For these most likely audiences, their preference to stay home over the weekend has grown a staggering 60.1% since 2011.

Right off the bat, this isn’t great news. A top indicator of a person willing to attend a cultural organization is that they are willing to leave their homes in the first place! As you can see, even the people who like to go out are more interested in staying in than they were in the past.

Now you may say, wait a minute Joe, I was just over at the Adaptistration blog where Drew McManus posted today about another study which reported “96% of ticket buyers plan to come back to your venues after the pandemic.”

That actually tracks pretty closely with Colleen’s graph which shows that between 2020-2021, the number of high propensity visitors who said they would stay home increased about 1.7%. Between 2019 and 2020, it went up a little under 6%, but people were obviously forced to stay home due to Covid. Between 2018-2019 the numbers increased about 2.4%. So 96% of ticket buyers planning to return is about right. What I am hoping is that Colleen’s graphic flattens out a bit in 2022 -2023 indicating some of that 6% drop off has come back or that new audiences are obtained.

Toward the end of her post, Colleen says that cultural organizations need to step up efforts to engage people and create enough interest to fight the inertia of staying home.

“As the most successful cultural institutions already know, admission tickets are not bought. They are sold.”