LSN: Empirical Studies of Employment & Labor Law (Topic)最新文献

{"title":"The American Experience with Employee Noncompete Clauses: Constraints on Employees Flourish and Do Real Damage in the Land of Economic Liberty","authors":"K. Dau-Schmidt, Phil Jones","doi":"10.2139/ssrn.3870403","DOIUrl":"https://doi.org/10.2139/ssrn.3870403","url":null,"abstract":"Agreements not to compete are generally an anathema to free market advocates. Independent profit maximization is one of the fundamental assumptions of the neoclassical economic model and necessary to its conclusion that markets yield results that are Paraeto efficient. Consistent with this theory, and practical experience, agreements among competitors, or potential competitors, to divide a market, or fix price or quantity are per se violations under our antitrust laws. Despite this fact, even some ardent free market advocates have argued on behalf of the enforcement of covenants not to compete in the employment relationship. The traditional economic argument in favor of enforcing non-competes assumes that labor markets are competitive and workers freely enter into such agreements in return for higher wages associated with work in research on behalf of the employer and/or access to employer developed trade secrets and customer contacts. This arrangement is desirable to the employer because it helps protect his or her investment in research, trade secrets, and customer contacts, against appropriation if the employee were to leave to work for a competitor. It is argued that society also benefits from such arrangements because the increase to production from the employer’s investment in research and customer contacts would more than make up for societal losses due to the constraints on the employee’s labor mobility. However, economic theory also embraces a more sinister view of such agreements. Given their constraints on labor mobility, there is a natural concern that employers might use non-competes to limit labor market competition and perhaps product market competition. Recent discussions of labor market monopsony power have cited the potential role of non-competes in extending employer power by creating “market friction” that prevents employees from selling their labor to the highest valued use. Under this view, the covenant not only allows the employer to pay the employee less than a competitive wage, but also raises the recruiting costs of the employer’s competitors, allowing the employer to charge higher prices. Concern about covenants not to compete is particularly acute when they are imposed on employees after acceptance of an offer of employment, clearly challenging the assumption that they are freely accepted in return for higher wages. In such cases a covenant not to compete can serve as an intertemporal conduit of monopsony power, translating the employee’s short-term disadvantage in the lack of an alternative offer into long-term employer monopsony power. Viewed in this light, a covenant not to compete is a socially costly restraint on the employee’s freedom to apply his or her labor to the highest valued use and receive a competitive wage. Which of these two economic views of employee covenants not to compete is true, and under what circumstances, is an empirical question. The answer to this question can be very useful in helping us de","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131281633","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}

{"title":"Improving Social Partner Involvement in Tackling Undeclared Work: A Toolkit","authors":"Colin Williams","doi":"10.2139/ssrn.3835333","DOIUrl":"https://doi.org/10.2139/ssrn.3835333","url":null,"abstract":"This toolkit firstly evaluates the current involvement of Western Balkan social partners in tackling undeclared work and secondly, provides inspiration for social partners by reporting numerous policy initiatives being used by social partners to tackle undeclared work across the Western Balkans, European Union and beyond.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126178284","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}

{"title":"Firms’ Demand for Liquidity and Employment Decisions: Evidence from Australia","authors":"L. Magnani, Sasan Bakhtiari","doi":"10.2139/ssrn.3795771","DOIUrl":"https://doi.org/10.2139/ssrn.3795771","url":null,"abstract":"We explore the impact of firm’s constrained access to external finance on their employment decisions. The theory posits that in the presence of financial constraints, firms heavily rely on their internal finances. Thus, financial constraints are expected to have a negative impact on employment. Constrained firms are also expected to rely more on flexible forms of workers in order to better respond to uncertainties. The negative correlation between casual employment and firms' liquidity suggests a new interpretation to casualization. We test these hypotheses using Australian firm-level data. Casual employment may respond to an overall demand for liquidity rather than to flexibility concerns. Our results suggest a possible role for employment policies, besides the conventional stimulus, with more targeted outreach.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128297204","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}

{"title":"Masking Real Unemployment: The Overall and Racial Impact of Survey Non-Response on Measured Labor Market Outcomes","authors":"Yixia Cai, D. Baker","doi":"10.36687/INETWP150","DOIUrl":"https://doi.org/10.36687/INETWP150","url":null,"abstract":"A large and growing percentage of households are missed in the monthly Current Population Survey (CPS). For the survey as a whole, the rate of nonresponse is roughly 13 percent. This is higher for Blacks, with the share for young Black men being about 30 percent. The BLS’s current methodology effectively assumes that, with adjustment for various characteristics, people who are not included in a follow-up survey may not differ systematically from those who are included. The present paper, however, provides evidence that this may not be the case. With the rotation panel structure of the CPS data from 2003 to 2019, we investigate bias from nonresponse in CPS and its association with one’s prior labor market status, paying particular attention to how the relationship differs by race, ethnicity, and gender. Our analysis suggests that people are considerably more likely to be missing in a subsequent observation if they are unemployed or not in the labor force in the prior observation. We also estimate what the real labor market outcomes might have been when adjusting for nonresponse and undercoverage. Findings indicate that the current methodology may underestimate the national unemployment and labor force participation rates by about 0.7 and 0.5 percentage points, respectively. The gap between observed and adjusted unemployment rates tends to grow beginning in 2015. The unemployment rate is more understated for Blacks than for whites, particularly with a gap of about 3.3 percentage points for young Black men (age 16 to 34). The unemployment rate for Black women is understated by around 2.4 percentage points.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131001298","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}

{"title":"Corporate Reorganization as Labor Insurance in Bankruptcy","authors":"Diana Bonfim, Gil Nogueira","doi":"10.2139/ssrn.3761746","DOIUrl":"https://doi.org/10.2139/ssrn.3761746","url":null,"abstract":"We examine the role of corporate reorganization as a source of labor insurance in bankruptcy using a random judge design and data from Portugal. Reorganized firms go through extensive labor reallocation and only keep about 20% of the workforce five years after reorganization. However, the corporate reorganization process has a positive and persistent effect on the quality of job contracts. In the short term (first year), workers are more likely to have job contracts. In the longer term (subsequent five years), workers earn more and are less likely to transition to less skill intensive occupations. Occupation fixed effects associated with earnings account for 46% of the earnings differential. Reorganization provides labor insurance to workers who move to new employers. Workers are less likely to be laid off and are more likely to quit and to find high-paying jobs in new employers.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"771 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134306185","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}

{"title":"Public Pension Reforms and Fiscal Foresight: Narrative Evidence and Aggregate Implications","authors":"Huixin Bi, Sarah Zubairy","doi":"10.2139/ssrn.3669209","DOIUrl":"https://doi.org/10.2139/ssrn.3669209","url":null,"abstract":"We explore the evolution of pension policy across countries and investigate the macroeconomic effects of pension structural reforms in recent decades, in particular those with implementation delays. We first document chronological changes in pension policy for 10 OECD countries between 1962 and 2017. The new data set shows that pension systems rapidly expanded between the 1960s and 1980s, followed by a wave of retrenchments since the 1990s. Structural pension reforms, which are motivated by long-run fiscal sustainability concerns, often come with significant implementation delays. We find that when structural pension retrenchments are implemented without delays, people close to retirement stay in the workforce longer to compensate for the decline in their pensions, leading to a decline in old-age pension spending. News about structural pension retrenchments in the future, however, leads people close to retirement to exit the labor market prior to the reform being implemented. As a result, government spending on old-age pensions tends to increase, rather than decrease, over the medium term. This effect is particularly prevalent for pension reforms that change retirement age and contribution years and that come with longer implementation delays.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124550187","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}

{"title":"Ensuring fair Short-Time Work - A European Overview","authors":"Torsten Müller, T. Schulten","doi":"10.2139/ssrn.3604092","DOIUrl":"https://doi.org/10.2139/ssrn.3604092","url":null,"abstract":"At the end of April 2020, in the EU27 there were more than 42 million applications for support for workers on short-time work or similar schemes, which corresponds to about one quarter of the overall EU workforce. With its proposed SURE programme to provide financial support to national short-time work and similar systems, the European Commission has recognized the importance of short-time work for avoiding unemployment and supporting employees’ wages while at the same time allowing companies to adapt working hours to the drop in demand. Based on a comparison of the different short-time work schemes in Europe, this policy brief identifies some criteria for fair short-time work which enables workers not only to retain their job, but also to live a decent life.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124627107","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}

{"title":"Income Inequality and Gender","authors":"M. Jacob","doi":"10.2139/ssrn.3562729","DOIUrl":"https://doi.org/10.2139/ssrn.3562729","url":null,"abstract":"The paper examines the role of gender in overall income inequality. Using panel data on the entire Swedish population over the 2001–2017 period, I show a large and persistent gap in income between men and women. While lower- and middle-income individuals are more likely to be women, only one of six individuals in the top 1% is female. Hence, the income gap between men and women is an important but to-date overlooked dimension of income inequality.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125881674","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}

{"title":"Robots, Labor Market Frictions, and Corporate Financial Policies","authors":"Yongqiang Chu, Alice (Yanguang) Liu","doi":"10.2139/ssrn.3563906","DOIUrl":"https://doi.org/10.2139/ssrn.3563906","url":null,"abstract":"Using a novel dataset from the International Federation of Robotics (IFR), I find that robots can transform the labor market landscape and mitigate the impact of labor market frictions on financial policy decisions. Firms with more robots, which reduce labor adjustment costs and operational risk, have higher financial leverage and hold less cash. Such firms rely less on employees and attach less importance to gaining bargaining advantages over unions. The effects of robots on corporate financial policies are stronger for firms with more blue-collar workers. When facing greater foreign competition, firms with more robots are able to adopt less conservative financial policies. The effects of minimum wage increases on corporate financial policies are weaker for firms with more robots.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123719863","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}

{"title":"Gender Pay Gap: 2018 Briefing","authors":"Kate Andrews, J. Jessop","doi":"10.2139/ssrn.3853158","DOIUrl":"https://doi.org/10.2139/ssrn.3853158","url":null,"abstract":"The official calculation for the 2018 gender pay gap is at a record low of 8.6% for full-time workers, with a negligible gender pay gap for women aged 22-39. This gap increases later in life, with evidence from the United States that the bulk of the pay gap is a result of time taken off to raise children. Calculations that put the pay gap above 8.6% are achieved by moving further away from like for like comparisons between typical men and women in the workplace. The Equal Pay Day campaign relies on a figure 5.1 percentage points higher (or nearly 60% greater) than the official figures by using the mean rather than the median of the Office for National Statistics data, thereby giving more weight to the highest earners. Furthermore, claims that it will take more than 50 years to close the gender pay gap use an even higher starting point, assume a slower rate of progress than has recently been achieved, and fail to take account of likely changes as different cohorts move through the age distribution.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126479680","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}