Enforcing Labour Standards in Fissured Workplaces: The US Experience

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68 citations0/0 files storedThe Economic and Labour Relations Review

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Labor Law and Work Dynamics Employment, Labor, and Gender Studies Legal and Labor Studies

Abstract

Abstract The employment relationship in a growing number of industries with large concentrations of low wage workers has become ‘fissured’, where the lead firms that collectively determine the product market conditions in which wages and conditions are set have become separated from the actual employment of the workers who provide goods or services. Instead, the direct employers of low wage workers operate in far more competitive markets that create conditions for non-compliance. We examine this evolution in employment and its implications for public policy in the US, discuss the factors driving fissured employment and sketch its main features and outcomes. We then look at the traditional methods used for labour standards enforcement in the US and discuss why they are poorly suited to address fissured workplaces. Finally, we survey how public policies might better address the realities of the modern workplace, including efforts in this regard by the Obama administration.

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1997Strategic Brand Management: Building, Measuring, and Managing Brand Equity 2000Strategic Brand Management: Building, Measuring, and Managing Brand Equity.1983Going by the Book, the Problem of Regulatory Unreasonableness 2007Full Disclosure 2004Monopsony in Motion - Imperfect Competition in Labor Markets.1983Going by the Book: The Problem of Regulatory Unreasonableness, by Eugene Bardach and Robert A. Kagan 1996Firms' Use of Outside Contractors: Theory and Evidence 1991Employers Large and Small

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