NY Times, August 18 2015
Work Policies May Be Kinder, but Brutal Competition Isn’t
By NOAM SCHEIBER

On Wall Street, in Silicon Valley, across the legal profession and the 
corporate world, a growing chorus of companies are singing the praises 
of a kinder workplace, announcing policies like generous maternity leave 
at Netflix, and Goldman Sachs’s rule against investment-banking analysts 
working on Saturdays.

But a closer look at the forces that drive the relentless pace at elite 
companies suggests that — however much the most sought-after employers 
in the country may be changing their official policies — brutal 
competition remains an inescapable component of workers’ daily lives. In 
some ways it’s getting worse.

“Jimmy Carter tried to get a rule in place for his executive White House 
staff to be gone and having dinner with their family in the evening, and 
it broke down,” said Robert H. Frank, a prominent economist at Cornell 
University who writes often for The New York Times. “In a competitive 
environment, that’s what you get.”

As Professor Frank, who has written a book about the phenomenon known as 
winner-take-all economics, explains, the basic problem is that the 
rewards for ascending to top jobs at companies like Netflix and Goldman 
Sachs are not just enormous, they are also substantially greater than at 
companies in the next tier down. As a result, far more people are 
interested in these jobs than there are available slots, leading to the 
brutal competition that plays out at companies where only the best are 
destined for partnerships or senior management positions.

This phenomenon was the focus of a recent New York Times article about 
workplace practices at Amazon. In the article, some current and former 
employees complained of 80-hour work weeks, interrupted vacations, 
co-worker sabotage and little tolerance even for those struggling with 
life-threatening illnesses or family tragedies. (Amazon has cast doubt 
on whether these practices are widespread at the company.)

The account appeared to put Amazon at odds with recent workplace trends, 
but the reality, experts say, is not nearly so neat: Grueling 
competition remains perhaps the defining feature of the upper echelon in 
today’s white-collar workplace.

If anything, analysts point out, Amazon offers at least one major 
advantage over many other companies, which is that its founder and chief 
executive, Jeff Bezos, has created a culture in which employees 
typically know exactly where they stand. “It’s a super attention-rich 
environment,” said Marcus Buckingham, an author and founder of the firm 
TMBC, which advises large companies on employee evaluation and 
performance. “There’s a lot of critical attention. They’re almost never 
ignored.”

The legal profession, one of the most brutal when it comes to pace and 
time commitment, illuminates the economic logic of a system where a 
large initial cohort of workers is gradually culled until only a small 
fraction are left. This small fraction then has access to the enormous 
wealth and prestige that survivors in this ultimate reality show are 
granted.

The so-called Cravath system, named after the prestigious New York law 
firm known today as Cravath, Swaine & Moore, began to be put in place in 
the early 20th century. The firm and its imitators hired a large class 
of entry-level associates from the top law schools in the country, then 
relentlessly sifted them out over a period of several years, at the end 
of which only the most brilliant and productive — historically about one 
in 10 or 15 — became partners.

Those who did not make partner got first-rate legal training along the 
way, though, and were almost always able to land respectable jobs at 
lesser firms or as in-house corporate lawyers. For Cravath, it was also 
a plus: The partners made good money billing out its associates at 
top-of-market rates.

Over the decades, an increasing number of young law school graduates 
have chafed at the punishing Cravath model. A recent report by the 
Center for WorkLife Law at the University of California, Hastings 
College of the Law, cited survey data of big-firm lawyers showing 
work-life balance to be a top concern.

But because a partnership at the likes of Cravath, or Sullivan & 
Cromwell, remains such a coveted prize, the top firms can still count on 
a large surplus of young lawyers willing to defer their personal lives 
for the better part of a decade for a shot at a partnership.

“The model is alive and well and working wonderfully in major New York 
law firms,” said William Henderson, an expert on law firm economics at 
the Indiana University Maurer School of Law. “You attract really 
ambitious people and thin them out.”

The thinning process even has its own name among scholars of law firms: 
the tournament. “The tournament is designed to identify the owners of 
the firm and the people who will run major engagements, attract 
business,” Professor Henderson said. “There is 15 to 20 percent of the 
law school population who want to play in that league.”

Variations on the tournament are also the norm at elite management 
consulting firms and investment banks. It’s one of the reasons that, 
when companies like Goldman Sachs and Bank of America Merrill Lynch 
adopted policies over the last few years that encourage young employees 
to spend more time away from work on the weekends, many skeptics rolled 
their eyes. As long as there are a large number of new employees 
competing for a limited number of highly lucrative positions, policy 
changes aren’t likely to persuade many people to ease up.

The reality is not that different at many American corporations and 
technology companies that promote their employee-friendly practices.

Mr. Buckingham points out that companies like Microsoft may have made 
news in recent years by abandoning their “stack ranking” systems, in 
which managers produce detailed rankings of the members of their teams 
once a year, but they have not abandoned the practice of comparing 
employees to one another. They have simply tried to adopt less-biased 
systems for evaluating and promoting them.

“If the only way for me to get promoted is to suck up to a biased 
manager, I have to figure out any way I can to suck up,” Mr. Buckingham 
said. “If you could remove the bias, I can find a reliable way to look 
at you.”

Mr. Buckingham added that, in many cases, many of the overachievers who 
are candidates for upper management at companies like Amazon welcome the 
breakneck pace and unyielding expectations. They just want to know that 
the system will be meritocratic. “We don’t mind competition,” he said. 
“We mind unfair competition.”

Even the steps that many tech companies take to make the workplace more 
engaging often result in employees spending more time consumed by their 
work. Increasingly popular workplace messaging programs like Slack and 
HipChat, for example, both increase the amount of casual, friendly 
interactions among co-workers, but these messaging systems may also have 
the effect of keeping employees on their computers or mobile devices at 
all hours of the day and night.

“We’re constantly talking,” said an editor at a digital media company 
who spoke on the condition of anonymity to avoid alienating his boss. 
“It does create a little more of an implicit pressure to be available.”

But there are some signs of change, as more and more young highly 
credentialed workers acknowledge that they can’t fulfill their 
responsibilities as husbands, wives, parents and friends while ascending 
through their organizations.

“Cultural change is a slog,” said Stewart Friedman, a professor at the 
University of Pennsylvania’s Wharton School who recently did a study 
comparing the views on work-life issues of Wharton graduates from 1992 
with Wharton graduates from 2012. “There’s been a genuine shift among 
workers. We as a society are struggling with this,” he said.

As in previous decades, the legal profession may hint at what’s to come. 
Alternative work arrangements are proliferating, and many previously 
elite firms are finding they no longer have the profits or the 
partnership slots to make the Cravath system work, abandoning the field 
of play to only a tiny number of ultrasuccessful firms.

“Amazon is at the top of the food chain,” Professor Henderson said. 
“Maybe they can get away with it. But most firms can’t rank and yank.”
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