New column: The pay crackdown

My new column, on Washington’s campaign to regulate executive and Wall Street pay, is online. It’s got a lot of Lucian Bebchuk in it, and this morning Bebchuk is at it again, with a WSJ.com op-ed (co-authored with his Harvard Law School colleague Alma Cohen) making the case that it appears banks have actually gotten more generous in doling out big paychecks to top employees than they were before the financial crisis.

Their conclusion:

[D]uring the past two decades, compensation in finance has increased relative to other parts of the economy, and the financial sector has attracted an ever-increasing share of the country’s best and brightest. Following the financial crisis, there is widespread recognition that, in the post-crisis world, finance should command a smaller share of these best and brightest. To the extent that relative pay in the financial sector remains at or above its lofty precrisis levels, the desirable adjustment in the allocation of talent will be impeded or delayed.

So what do you do about it? Bebchuk wants bank regulators banning certain kinds of incentive-pay packages (and appears to have persuaded House Democrats of the wisdom of this approach). In my column I talk about using the tax code—the boom in Wall Street pay came after the top income tax rate was slashed in the 1980s, so raising tax rates on those in the $1 million-a-year-plus range might turn back the clock at least a little. Floyd Norris, in his NYT column today, quotes Ohio State finance professor Rene Stulz arguing that:

Properly designed capital requirements are a much more efficient approach to regulate the risk of financial institutions than fiddling with compensation.

Higher capital requirements would also reduce profitability, thus presumably cutting into pay—so it’s sort of a backdoor way to fiddle with compensation.

Finally, compensation consultant David Leach had this to say when I talked to him Tuesday about both Wall Street pay and executive pay at non-financial corporations:

Companies have to step back and think about what’s right for the business. Maybe it’s time to start thinking more about a team and we’re all in this together rather than individual producers. … It’s really got to be a culture change.

Not that he sees any real indication of this shift yet in corporate America:

I’m noticing that nobody wants to step forward and everybody is kind of waiting to see what happens. Nobody wants to be the example.

Which explains why Congress feels compelled to fiddle with compensation, I guess.

Related Topics: Companies & Industries, Wall Street & Markets
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  • pneogy

    What do you think of Robert Schiller’s proposal to index top income tax rates to income inequality? That might foster thoughts of teamwork and “we’re all in this together,” and could even lessen the opposition to raising the minimum wage.

  • http://twitter.com/justinmicklefox Justin Fox

    @pneogy I hadn’t heard about it. It’s classic Shiller, though—probably unrealistic, but cool to think about.

  • Ffred

    Here’s more outrage from economist Samah El-Shahat, though she doesn’t give any actual ideas. I do like the triffid analogy.

    http://english.aljazeera.net/focus/2009/07/200972510451877193.html

  • pneogy

    Justin,
    This was a brief comment from Shiller on Charlie Rose last night. He was a little hesitant to bring up the subject because of the hate mail he tends to get when he introduces controversial stuff.

  • debtnation

    Justin,

    It’s not right to legislate pay. I am reading your book now and hope you are very successful with it and make a ton of money. It would not be right for your fellow citizens to suddenly decide that authors are terrible people and thus vote to reduce your pay. With TARP we to seem think we can dictate anything. This thinking will harm us all.

    F
    Your old soccer teammate in Birmingham

  • strawmn

    @debtnation,

    That’s a bit of a false parallel, I think. Justin might (or might not – sorry) make a shedload of money as an author, to retire to a life of bliss in the Bahamas free of all worldly concerns. But it’s highly unlikely that his book has become so entwined in the financial system that it’s failure to sell would bring down the world economy.

    Or not. I should probably buy it just in case.

    The point is TARP allows us to dictate precisely because of what it is – the wholesale rescue of firms that otherwise would have ceased to exist. You say we shouldn’t place some constraints on executive pay, but the flip side of that morality is that we shouldn’t underwrite failure. You can argue whether placing those limits promotes the right type of incentives, but not whether it’s ethically possible.

    P.S. Since you didn’t specificy WHICH soccer team in Birmingham, I’m choosing to believe you’re talking about City. The 07/08 relegation must have been crushing for you both.

  • http://blogs.wsj.com/deals/2009/08/03/evening-reading-whats-in-rattners-future/ Evening Reading: What’s in Rattner’s Future? – Deal Journal – WSJ

    [...] Bonuses for everyone: The financial crisis was supposed to change Wall Street forever. Compensation on the street was supposed to tumble. Risk was supposed to decrease. Yet that doesn’t seem to be case. Risk taking has returned and compensation seems to have gotten bigger. Not surprisingly, these two pieces of information aren’t sitting to well with people down on Capitol Hill. And their efforts to regulate compensation seems once again to be gathering momentum. So if Washington wants to regulate compensation, how should it go about doing so? Justin Fox over at the Curious Capitalist offers up a few options. [...]

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