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Employers Gone Rogue:Explaining Industry Variation in Violations of Workplace Laws

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journal contribution
posted on 2016-04-05, 00:00 authored by Annette Bernhardt, Michael W. Spiller, Nik Theodore
Drawing on an innovative, representative survey of workers in Chicago, Los Angeles and New York City, the authors analyze minimum wage, overtime, and other workplace violations in the low-wage labor market. They document significant inter-industry variation in both the mix and prevalence of violations, and show that while differences in workforce composition are important in explaining that variation, it is differences in job and employer characteristics that play the stronger role. The authors suggest that industry noncompliance rates are shaped by both product market and institutional characteristics, which together interact with labor supply and the current weak penalty and enforcement regime in the U.S. The paper closes with a research agenda for this still young field, framing noncompliance as an emerging strategy in the reorganization of work and production at the bottom of the U.S. labor market.

Funding

We are indebted to our colleagues who were part of the research team that designed, fielded and analyzed the 2008 Unregulated Work Survey: Ruth Milkman, Douglas Heckathorn, Mirabai Auer, James DeFilippis, Ana Luz Gonzalez, Ryan Hollon, Victor Narro, Jason Perelshteyn, and Diana Polson. Many thanks to Paul Osterman, anonymous reviewers, and participants in a Russell Sage Foundation seminar for comments on earlier drafts of this paper. This research was supported by grants from the Russell Sage Foundation, the Ford Foundation, the John Randolph Haynes and Dora Haynes Foundation, and the Joyce Foundation. For access to the 2008 Unregulated Work Survey data and analysis code, please contact Michael W. Spiller (mws24@cornell.edu) or Annette Bernhardt (abernhardt@nelp.org).

History

Publisher

Industrial & Labor Relations Review

Language

  • en_US

issn

0019-7939

Issue date

2013-07-01

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