Economic Perspectives on Employment & Labor Law eJournal最新文献_第5页

Justice at Work: Minimum Wage Laws and Social Equality 正义在工作:最低工资法和社会平等

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2014-04-26 DOI: 10.2139/SSRN.2318559

Brishen Rogers

{"title":"Justice at Work: Minimum Wage Laws and Social Equality","authors":"Brishen Rogers","doi":"10.2139/SSRN.2318559","DOIUrl":"https://doi.org/10.2139/SSRN.2318559","url":null,"abstract":"Are minimum wage laws just? Existing legal academic debate implies that they are not. Drawing on neoclassical labor market models, various legal scholars have argued that minimum wage laws increase unemployment and cause other inefficiencies, and therefore that direct transfers to the working poor are a superior means of ensuring distributive justice. Accepting for the sake of argument that minimum wage laws have such economic effects, this Article nevertheless defends them on grounds of justice. It builds on well-worn arguments that a just state will not just redistribute resources but will also enable citizens to relate to one another as equals. This ideal of “social equality” is most commonly associated with republican and communitarian theories of justice, but it is also central to major strands of egalitarian liberalism. Minimum wage laws advance social equality, and do so better than direct transfers, in several ways. They increase workers’ wages, which are a primary measure of the social value of work; they alter workplace power relationships by giving workers rights vis-a-vis employers; and they require employers and consumers to internalize costs of higher wages rather than mediating all distribution through the state. In short, minimum wage laws help ensure decent work, work that enhances rather than undermines workers’ self-respect. Reduced demand for extremely low-wage labor is a cost worth bearing to ensure decent work — and may even be an affirmative social good.","PeriodicalId":177971,"journal":{"name":"Economic Perspectives on Employment & Labor Law eJournal","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128975405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Misclassification: Workers in the Borderland 错误分类:边境地区的工人

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2014-01-22 DOI: 10.2139/ssrn.2383396

David Bensman

{"title":"Misclassification: Workers in the Borderland","authors":"David Bensman","doi":"10.2139/ssrn.2383396","DOIUrl":"https://doi.org/10.2139/ssrn.2383396","url":null,"abstract":"Today, nearly one-third of Americans in the labor force are in non-standard employment. The rise of non-standard employment, beginning in the mid-1970s, has occurred at the same time as the precarity of work has increased, and the number of bad jobs has grown as well. Independent contracting is one of the most common types of nonstandard employment. Genuine independent contractors make up a small proportion of the American workforce. Misclassifying employees as independent contractors is increasingly common; one-third of firms pay their misclassified independent contractors with for-service contracts or pay them off the books. Misclassification is common in nearly every low-wage sector. In construction, nearly 40% of workers are misclassified. Port trucking and warehousing, key sectors in the logistics industry, are other industries where misclassification has become ubiquitous. Local, state and federal agencies have been trying to identify and prosecute misclassification for the past fifteen years, but the laws defining independent contracting vary significantly, and court rulings have been inconsistent. The result is that millions of Americans work in a grey zone where their rights are unenforceable, their pay is low, their benefits nonexistent, and their career prospects dim. Independent contracting has been increasing in other regions of the world, with misclassification prevalent as well, although efforts to regulate employment standards vary from country to country.","PeriodicalId":177971,"journal":{"name":"Economic Perspectives on Employment & Labor Law eJournal","volume":"76 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131747569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

New Evidence on Employer Price‐Sensitivity of Offering Health Insurance 雇主提供健康保险价格敏感性的新证据

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2014-01-01 DOI: 10.2139/ssrn.2394731

J. Abraham, R. Feldman, P. Graven

引用次数: 5

Labour Law and Inclusive Development: The Economic Effects of Industrial Relations Laws in Middle-Income Countries 劳动法与包容性发展:中等收入国家劳资关系法的经济效应

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-12-02 DOI: 10.2139/ssrn.2394691

S. Deakin, Colin Fenwick, Prabirjit Sarkar

引用次数: 14

The Liberal Road to High Employment and Low Inequality? The Dutch and Swiss Social Models in the Crisis 通往高就业和低不平等的自由之路?危机中的荷兰和瑞士社会模式

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-11-13 DOI: 10.2139/ssrn.1705401

A. Afonso, J. Visser

{"title":"The Liberal Road to High Employment and Low Inequality? The Dutch and Swiss Social Models in the Crisis","authors":"A. Afonso, J. Visser","doi":"10.2139/ssrn.1705401","DOIUrl":"https://doi.org/10.2139/ssrn.1705401","url":null,"abstract":"This chapter analyses patterns of policy change and employment performance in the social models of the Netherlands and Switzerland from the 1990s until about 2012. We outline how these countries have been able to reconcile high employment levels, a lean welfare state and moderate levels of income inequality, three policy objectives that have been considered irreconcilable in standard accounts of employment performance in advanced political economies. In both countries, income equality is primarily achieved within the market rather than by redistribution. Low levels of market inequality are underpinned by high employment rates made possible by cooperative institutions for wage moderation, coupled with a series of entry routes into the labor market for specific groups often marginalized in Bismarckian welfare models, such as young workers and women. Divergent performance during the crisis, however, has revealed the importance of domestic demand-side factors. In Switzerland, high immigration stimulated demand and compensated for an adverse environment for exports. In the Netherlands, the debt-driven boom and bust in private consumption related to volatile housing prices was aggravated by the turn to austerity, These two factors raise questions about the long-term viability of recent developments in both countries.","PeriodicalId":177971,"journal":{"name":"Economic Perspectives on Employment & Labor Law eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122440000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Exploiting Chinese Interns As Unprotected Industrial Labor 剥削中国实习生作为不受保护的工业劳工

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-11-07 DOI: 10.2139/SSRN.2351270

Earl V. Brown, Kyle deCant

{"title":"Exploiting Chinese Interns As Unprotected Industrial Labor","authors":"Earl V. Brown, Kyle deCant","doi":"10.2139/SSRN.2351270","DOIUrl":"https://doi.org/10.2139/SSRN.2351270","url":null,"abstract":"Multi-nationals with employees and contractors in the PRC confront the need to comply with an increasingly complex set of Chinese labor and employment laws and regulations. Many employers have chosen to rely on student interns, whom they treat as exempt from labor and employment law requirements, as a major source of workers for their factories and other facilities. Paid less than regular workers, but performing the same work with little to no educational enhancements, these “subminimum workers” are now a major source of industrial disruption. They have in recent years taken grievances about their treatment to the street, acting often as catalysts for strikes and disruptions in industry. In this article, we review the status of industrial interns under the 2008 Labor Contract Law, and related statutes and regulations, with an aim to examining whether the “intern” exemption from labor and employment law has any basis in the statutory and regulatory framework of current labor law, and whether it is a sound industrial practice to rely on large numbers of “subminimum” workers laboring alongside higher paid workers performing the same work in factories and other facilities, or in the service sector. We conclude that the “intern exemption” has little basis in the law, and is at odds with the policy of the 2008 labor and employment law reforms’ goal of protecting rights and promoting peaceful resolution of industrial disputes without strikes and slowdowns. We also explore whether, in those many factual situations where important credentials are contingent on completing the internship and intense pressure is exerted on students to sign up to meet employers’ “manpower” need, the practice amounts to forced labor under the ILO Conventions and other international law instruments.","PeriodicalId":177971,"journal":{"name":"Economic Perspectives on Employment & Labor Law eJournal","volume":"497 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123195878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Nonprofit Executive Pay as an Agency Problem: Evidence from U.S. Colleges and Universities 非营利机构高管薪酬作为一个代理问题:来自美国高校的证据

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-08-01 DOI: 10.2139/ssrn.2187979

Brian Galle, David I. Walker

引用次数: 17

Recent Immigrants as Labor Market Arbitrageurs: Evidence from the Minimum Wage 新移民作为劳动力市场的套利者:来自最低工资的证据

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-07-31 DOI: 10.2139/ssrn.1619084

B. Cadena

引用次数: 6

Демографиче�?кие а�?пекты развити�? рынка труда Ро�?�?ии (Demographic Aspects of Formation and Development of a Labor Market of Russia) Демографиче�?киеа�?пектыразвити�?рынка труда Ро ? ? ?ии(俄罗斯劳动力市场形成和发展的人口统计学方面)

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-06-20 DOI: 10.2139/SSRN.2283633

I. Zolin

引用次数: 0

Модернизаци�? рынка труда и приоритеты го�?удар�?твенной политики зан�?то�?ти (Modernization of a Labor Market and Priorities of a State Policy of Employment)

Economic Perspectives on Employment & Labor Law eJournal Pub Date : 2013-06-20 DOI: 10.2139/ssrn.2283631

I. Zolin

引用次数: 0