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

{"title":"An Attempt to Evaluate the Impact of Reorganization on the Way Working Time Reduction Has Been Implemented by French Firms Since 1996","authors":"Fabrice Gilles","doi":"10.2139/ssrn.679521","DOIUrl":"https://doi.org/10.2139/ssrn.679521","url":null,"abstract":"In this paper, we assess how the fact French firms are reorganized could influence the date she chooses to implement working time reduction (WTR), as well as other variables inclucled in the WTR administrative surveys’agreements. like the WTR type ot device (offensive / defensive ) companies adopt, the number of workers she commits on to hire, if she benefits or not from incentives. We first consider as a reorganized firm, a firm vho makes use of at least two organizational production devices (among other Just In Time, Total Quality and People Involvment devices). We merge two surveys, one dealing with organizational characteristics within the firm (COI — “Changements Organisationnels et l’informatisation\", 1997) and the other containing information on WTR agreements (Robien, Aubry I or II). After having presented some stylized facts about WTR variables and modeled the probability for a firm to be reorganized, we implement various matching estimators (simple nearest match, kernel and reweighting ones) to evaluate the causal effect of reorganization on the considered WTR variables. We find that WTR (Robien as Aubry I or II) may favour reorganized firms, since the latter would: i) implement earlier a WTR; ii) be more numerous to adopt an offensive clevice; iii) commit on more job creations; iv) they do not necessarily benefit more often from incentives.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129796282","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":"The Slipperiness of Stability: Contracting for Flexible and Triangular Employment Relationships in the New Economy","authors":"Orly Lobel","doi":"10.37419/twlr.v10.i1.6","DOIUrl":"https://doi.org/10.37419/twlr.v10.i1.6","url":null,"abstract":"This Article argues for the need for new laws and adequate guidelines for today's flexible staffing arrangements. Flexible employment arrangements in the new market are simultaneously efficiency-driven and developed through continuous political and legal action. While the employment agency industry is potentially a welfare-enhancing sector in certain environments, it also produces new forms of mistreatment of workers in the absence of adequate regulatory incentives. These new economic structures necessitate the development of a new normative model that allows certain forms of market flexibility yet maintains the social norms that continue to inform fair employment policies.\u0000Part II of this Article explores the range of taxonomies and categories that have developed in the flexible staffing industry. This Article sets forth the argument that the complexity and variety that characterize the industry is not accidental, but a product of legal and economic struggles for recognition of flexible employment arrangements as legitimate practices in the new economy. Part III further describes the various factors that motivate the emergence of flexible employment from the perspective of employers and workers. These factors include both legitimate economic needs and problematic attempts to evade legal protections. Part IV then moves to a third set of factors that motivate flexible staffing arrangements-those of the flourishing employment agency industry. This Part further describes the public efforts of the staffing industry to legitimize its status in the triangular employment context, including the advocacy, lobbying, and public relations efforts by its trade associations. Part V is an analysis of the recent efforts by courts, administrative agencies, and legislative commissions to define the legal parameters of the various new flexible employment arrangements. Drawing on comparative insights, as well as the problems and inconsistencies among recent cases, Part V demonstrates the inadequacies of the existing common law doctrine in addressing these new challenges and suggests alternative doctrines and policies that would be better suited to achieve the necessary balance between flexibility and fairness.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129816698","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":"Work-Sharing: An Efficiency-Wage Analysis","authors":"Thomas Moutos, W. Scarth","doi":"10.2139/ssrn.260027","DOIUrl":"https://doi.org/10.2139/ssrn.260027","url":null,"abstract":"This paper evaluates two approaches to work-sharing by examining both within the same macro model. The standard approach involves imposing a quantity constraint on labour market participants (a maximum number of standard hours for each worker). This approach is compared to a revenue-neutral employment subsidy financed by a tax on overtime hours ? an initiative intended to harness market incentives. The paper shows that the second approach brings much preferred results ? it involves lower unemployment, higher investment, and no reduction in the wage earnings of those already employed. The analysis suggests that policymakers should not reject work-sharing just because they are (justifiably) skeptical of mandated reductions in hours. The model involves the following features: (i) it is optimization-based (so there is a well-defined reason for labour market failure); (ii) it facilitates the investigation of trade-offs (so it can be determined whether improvements in unemployment must be accompanied by reductions in productivity, investment, average hours or wage rates); (iii) it involves a small open economy (so concerns about the limits to independent policy in this setting are respected); and (iv) it can be readily calibrated (so empirically relevant quantitative results are derived).","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122812902","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":"The Impact of Tax and Welfare Policies on Employment and Unemployment in OECD Countries","authors":"R. Disney","doi":"10.5089/9781451857986.001.A001","DOIUrl":"https://doi.org/10.5089/9781451857986.001.A001","url":null,"abstract":"The paper provides a selective survey of methods and findings concerning the impact of tax and welfare policies on employment unemployment and economic growth in OECD countries. The paper examines a number of facets of tax and welfare policy and concludes that cross-country macroeconomic studies shed only limited light on the issue. Analyses of household behavior using microeconometric methods are much more fruitful but the question remains of how to aggregate these results to assess the overall impact of policy.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122806811","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":"Assessing Affirmative Action","authors":"H. Holzer, D. Neumark","doi":"10.1257/JEL.38.3.483","DOIUrl":"https://doi.org/10.1257/JEL.38.3.483","url":null,"abstract":"Although the debate over Affirmative Action is both high-profile and high-intensity, neither side's position is based on a well-established set of research findings. Economics provides an extensive, well-known literature on which to draw regarding the existence and extent of labor market discrimination against women and minorities, although views may often conflict, and a less extensive but also well-known literature on the effects of Affirmative Action on the employment of women or minorities. However, research by economists provides much less evidence and even less of a consensus on the question of whether Affirmative Action improves or impedes efficiency or performance, which is perhaps the key economic issue in the debate over Affirmative Action. This review focuses on all of these issues regarding Affirmative Action, but the major focus is on the efficiency/performance question. All in all, the evidence suggests to us that it may be possible to generate Affirmative Action programs that entail relatively little sacrifice of efficiency. Most importantly, there is at this juncture very little compelling evidence of deleterious efficiency effects of Affirmative Action. This does not imply that such costs do not exist, nor that the studies we review have captured the overall welfare effects of Affirmative Action. It does imply, though, that the empirical case against Affirmative Action on the grounds of efficiency is weak at best.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131103067","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":"Working Class CEOs: Formation of Occupational Norms and Corporate Labor Policies","authors":"Henrik Cronqvist, Irena Hutton, Danling Jiang","doi":"10.2139/ssrn.3501928","DOIUrl":"https://doi.org/10.2139/ssrn.3501928","url":null,"abstract":"We examine the relation between the CEO’s childhood socioeconomic class and corporate labor policies. We find that CEOs raised in low socioeconomic class families are less likely to invest in employee friendly firm policies measured by several types of labor and employment litigation, including litigation by unions, and occupational safety measures. These results are confirmed by crowdsourced employee firm reviews across several workplace dimensions. Our findings are supported by the studies of within-family transmission of occupational knowledge and formation of occupational norms as well as development of empathy and altruistic behaviors in children.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117226933","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":"From Equality to Equity: The Pursuit of Pay Equity under the Equal Pay Act 1972","authors":"G. Miles","doi":"10.2139/SSRN.2779924","DOIUrl":"https://doi.org/10.2139/SSRN.2779924","url":null,"abstract":"In 2014, the Court of Appeal considered if pay equity was also protected under the Act. In this paper I analyse and critique that decision. It seeks to answer two fundamental questions about the case and wider issues surrounding pay equity. First, it asks whether a mandate does exist under the Act requiring the provision of pay equity. Is the Act restricted to a narrow pay equality interpretation, or is it wide enough to encapsulate pay equity? The conclusion will be reached that little light is shed on the position of pay equity from an interpretation of the statute. Both the inclusion and exclusion of pay equity remain open interpretations. A realist explanation will argue a policy decision, in the absence of an interpretative answer, is driving factor of the Court of Appeal’s findings.The second question looks to the natural continuation of the current case and asks what should be the avenue through which pay equity is pursued. This is a normative inquiry. Litigation will be considered under both a traditional and strategic approach. The alternate solutions of a legislative and an unregulated market will also be investigates. It will be argued that judicial inclusion of pay equity under the Equal Pay Act is undesirable. Instead, dedicated legislation would prove the most effective means of achieving pay equity.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"256 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122982608","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":"Non-Competes, Human Capital Policy & Regional Competition","authors":"Orly Lobel","doi":"10.2139/ssrn.3473186","DOIUrl":"https://doi.org/10.2139/ssrn.3473186","url":null,"abstract":"In the past few years, human capital law has become one of the most dynamic policy fields in the country. Multiple states have reformed their noncompete policies, passing new legislation that limits their use. New bills that would similarly limit the enforcement of noncompetes are currently before Congress. Both the use of noncompetes and litigation over their enforcement, are on the rise nationwide, and several state attorney generals have taken up the issue by launching investigations into employers who require their workforce to sign unenforceable noncompetes. An equally dazzling wealth of studies, analysis, intellectual debates, and exchanges have emerged on the research side. In particular, the past few years brought a significant number of empirical, experimental, and theoretical studies offering more evidence and explanations about the key role that human capital policy, including noncompete contracts, plays in industries and regions. This article, written for a symposium honoring the scholarship of Professor Ronald Gilson, I present the state of the scholarly field on human capital and economic competition and develop three arguments about the future of noncompete research. First, in Part I, I unpack the multiple dynamic effects that job mobility and noncompetes have on regions. Beyond knowledge spillovers, it is important to recognize a range of distinct, though interrelated effects. These include at least ten important aspects that are supported by job mobility: behavioral, dynamic, firm-level, and regional-level effects. In particular, a neglected aspect in the literature of noncompetes is the disproportionate harmful effect noncompete clauses may have on women. Recent economic research on labor market monopsonies and the relationship between mobility and wage growth allows us to see connections between innovation policy and distributive justice. Second, I argue that while the study of noncompetes has been invaluable to understanding talent flows, mobility restrictions are far broader than merely formal covenants not to compete. Covenants that restrict employee mobility appear in many shapes and forms. I introduce the range of contractual restrictions that employers require in standard agreements and I argue that these restrictions too, should be understood and researched through the lens of labor market competition and mobility. Third, I argue that the prevalence of practices that subvert policy requirements, such as including unenforceable restrictions in employment contracts underscores how we as scholars need to encompass market practices in the empirical research, as well as recognize comparative advantages of proactive solutions including antitrust and regulatory tools over contract doctrine.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124093296","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":"Extending Mike Zimmer's Cross-Border Comparative Work: The Role of Property Rights in U.S. and Canadian Labo(u)r Law","authors":"M. Malin","doi":"10.2139/SSRN.2910382","DOIUrl":"https://doi.org/10.2139/SSRN.2910382","url":null,"abstract":"This article, part of a symposium in memory of the late Professor Michael Zimmer, examines the different role played by property rights in the United States and Canadian labor law. Although Canadian labor relations statutes are generally modeled on the U.S. National Labor Relations Act, they have evolved in significantly different ways. The article traces these differences to differences in each jurisdiction’s view of employer property rights. These different views are not surprising considering that the U.S. Constitution expressly protects property rights while the Canadian Charter of Rights and Freedoms does not. \u0000In the U.S., the NLRA has been viewed as built on a foundation of respect for employer property rights. Consequently, the law has largely taken the employer’s exercise of its property rights as a given and has applied the statute to the results of that exercise. For example, the law takes as a given who the employer has decided to admit to its property in determining who, if anyone, has the right to solicit workers to engage in concerted activity for mutual aid and protection on employer property. This respect for employer unilateralism receives much less weight in Canada. The article demonstrates how the different approaches to employer property rights result in different approaches to union access to workers on employer property, the scope of mandatory bargaining, successorship and statutory coverage of independent contractors. The article then focuses on different levels of policing of the collective bargaining process in the two jurisdictions and on the rejection in the U.S. of the Canadian model of subjecting negotiations for an initial collective bargaining agreement to arbitration when negotiations have broken down. It shows how closer labor board scrutiny of bargaining proposals found in Canada flows from the two countries’ different approaches to employer property rights and how the U.S. rejection of compelled first contract arbitration was a natural result of the role of property rights in U.S. labor law.","PeriodicalId":407537,"journal":{"name":"LSN: Empirical Studies of Employment & Labor Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128862863","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}