labor_law   20

Florence Jaumotte, Carolina Osorio Buitron - Union power and inequality | VOX, CEPR’s Policy Portal - 22 October 2015
IMF research department -- Inequality in advanced economies has risen considerably since the 1980s, largely driven by the increase of top earners’ income shares. This column revisits the drivers of inequality, emphasising the role played by changes in labour market institutions. It argues that the decline in union density has been strongly associated with the rise of top income inequality and discusses the multiple channels through which unionisation matters for income distribution. -- very interesting all the variables they looked at and excluded -- downloaded pdf to Note
paper  political_economy  economic_history  20thC  21stC  OECD_economies  post-Cold_War  labor_share  labor_law  unions  executive_compensation  inequality  wages  wages-minimum  downloaded 
october 2015 by dunnettreader
Gill A. Pratt - Is a Cambrian Explosion Coming for Robotics? (2015) | AEAweb: Journal of Economic Perspectives, 29(3): 51-60.
Affiliation DARPA - About half a billion years ago, life on earth experienced a short period of very rapid diversification called the "Cambrian Explosion." Many theories have been proposed for the cause of the Cambrian Explosion, one of the most provocative being the evolution of vision, allowing animals to dramatically increase their ability to hunt and find mates. Today, technological developments on several fronts are fomenting a similar explosion in the diversification and applicability of robotics. Many of the base hardware technologies on which robots depend—particularly computing, data storage, and communications—have been improving at exponential growth rates. Two newly blossoming technologies—"Cloud Robotics" and "Deep Learning"—could leverage these base technologies in a virtuous cycle of explosive growth. I examine some key technologies contributing to the present excitement in the robotics field. As with other technological developments, there has been a significant uptick in concerns about the societal implication of robotics and artificial intelligence. Thus, I offer some thoughts about how robotics may affect the economy and some ways to address potential difficulties. -- downloaded pdf to Note
article  technology  technology-adoption  tech-mobile_phones  Tech/Culture  robotics  Labor_markets  labor_standards  labor_law  wages  social_process  change-economic  change-social  government-roles  military-industrial_complex  DARPA  investment-government  AI  IT  cloud  telecommunications  downloaded 
september 2015 by dunnettreader
Hyun-Sung Khang - Help Wanted -- Finance & Development, June 2015
Pretty balanced discussion of youth labor market problems, challenging the excuses of "skills mismatch" and overly burdensome labor regulations. In the F&D issue downloaded as pdf to Note
article  unemployment  unemployment-youth  skills  Labor_markets  labor_standards  labor_law  education-training  austerity  Eurozone  Eurocrsis  hysterisis  migration  Great_Recession  economic_growth  economic_sociology  downloaded 
july 2015 by dunnettreader
Lyman Johnson, David Millon - Corporate Law after Hobby Lobby :: SSRN (rev'd Jan 2015) THE BUSINESS LAWYER, Vol 70 - November 2014
Lyman Johnson, Washington and Lee University - School of Law; University of St. Thomas, St. Paul/Minneapolis, MN - School of Law -- David Millon
Washington and Lee University - School of Law -- We evaluate the U.S. Supreme Court's controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation 'for any lawful purpose.' We elaborate on this important point and also explain what it means for a corporation to 'exercise religion.' In addition, we address the larger implications of the Court's analysis for an accurate understanding both of state law's essentially agnostic stance on the question of corporate purpose and also of the broad scope of managerial discretion. -- PDF File: 33 -- Keywords: Corporate purpose, Corporate personhood, Shareholder wealth maximization, Shareholder primacy, Corporate social responsibility -- downloaded pdf to Note
article  SSRN  corporate_law  corporate_citizenship  corporate_governance  shareholders  freedom_of_conscience  SCOTUS  civil_liberties  corporate_control  corporate_personhood  limited_liability  corporations-closely-held  corporations  CSR  shareholder_value  shareholder_voting  profit_maximization  law-and-economics  labor_law  employee_benefits  power-asymmetric  capital_as_power  constitutional_law  downloaded 
july 2015 by dunnettreader
Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics by Douglas NeJaime, Reva Siegel :: SSRN - Yale Law Journal, Vol. 124, pp. 2516-2591, 2015
Douglas NeJaime, University of California, Irvine School of Law -- Reva Siegel, Yale University - Law School -- (...) Complicity claims focus on the conduct of others outside the faith community. Their accommodation therefore has potential to harm those the claimants view as sinning. (..) Some, tacitly acknowledging the democratic contests in which complicity claims are entangled, urge religious accommodation in the hopes of peaceful settlement. Yet, as we show, complicity-based conscience claims can provide an avenue to extend, rather than settle, conflict about social norms. We highlight the distinctive form and social logic of complicity-based conscience claims so that those debating accommodation do so with the impact on third parties fully in view. The Article considers a range of legal and institutional contexts in which complicity claims are arising, paying particular attention to RFRA. We show how concern about the third-party impact of accommodation structured the Court’s decision in Hobby Lobby. And looking beyond Hobby Lobby, we show how this concern with third-party harm is an integral part of the compelling interest and narrow tailoring inquiries that courts undertake in applying the statute. At issue is not only whether but how complicity claims are accommodated. -- Pages in PDF File: 76 -- Keywords: religion, accommodation, complicity, Hobby Lobby, Holt, contraception, abortion, marriage, exemptions, religious liberty, religious freedom, equality, liberty, healthcare, burwell -- saved to briefcase
paper  SSRN  constitutional_law  politics-and-religion  culture_wars  US_politics  US_constitution  religious_belief  religious_culture  health_care  women-rights  liberty  equality  employee_benefits  work-life_balance  labor_law  freedom_of_conscience  norms  discrimination 
june 2015 by dunnettreader
Ravi Kanbur, Michael Keen - Rethinking informality | VOX, CEPR’s Policy Portal - 05 June 2015
The ‘informal’ economy presents a key challenge for developing-nation policymakers due to its labour-market and tax-revenue implications. Informality is usually defined as the complement to formality, i.e. any activity that isn’t covered by a clear set of laws. This column argues that such a definition risks obscuring more than it reveals, by failing to understand and address the varieties of informality that exist. Sensible policy should focus on tailored interventions across different categories of taxpayer, not on reducing aggregate informality. -- nice way of looking at policy objectives - it's not just revenue collection, there's interactions with other types of regulation - they highlight labor laws, but lots of the "doing business" projects uncover many other regulatory compliance issues in developing countries that would interact as well
Instapaper  paper  development  regulation  regulation-enforcement  regulation-costs  informal_sectors  Labor_markets  labor_law  labor_standards  tax_policy  tax_collection  SMEs  micro-enterprises  doing_business 
june 2015 by dunnettreader
Tom Walker - EconoSpeak: The Hours of Labour and the Problem of Social Cost - Jan 2015
Coase argued that the suggested courses of action in the Pigovian tradition – liability, taxation or regulation – were inappropriate and often undesirable.(..) However, Coase didn't consider the full range of Pigou's examples and analysis. While Coase’s restatement of the problem may have been appropriate to the specific externality problems discussed by Pigou in part II, it entirely overlooked the radically different labour market problem encountered in part III, in which competitive pressure compels an employing firm to inflict harm on both itself and its employees and thus regulatory restraint of the firm (and competing employers) may benefit both. -- downloaded pdf to Note
paper  economic_theory  economic_sociology  intellectual_history  welfare_economics  institutional_economics  Coase  markets  markets-structure  property_rights  transaction_costs  externalities  competition  Labor_markets  social_costs  cost-benefit  regulation-costs  collective_action  common_good  efficiency  labor_law  wages  labor_standards  downloaded  EF-add 
january 2015 by dunnettreader
Andrew Sprung - Reagan Revolution rollback | xpostfactoid - Jan 2015
Thanks largely to Piketty it's become increasingly clear that in the Reagan Revolution, middle class America sold its birthright for a mess of supply-side pottage. Dems willingness to credit GOP dogma -- raising taxes on high incomes and investment gains inhibits growth, deregulation spurs it -- are melting away. Post midterm losses, Dems are beginning to heighten rather than soft-pedal the policy contrasts between the parties. Wounded politically by perceptions that the ACA helps the poor at the expense of working people, they are looking for proposals attractive to the middle class. Emboldened by accelerating growth and employment gains, they are perhaps shedding inhibitions about leveling the playing field between workers and management. (..)To mess up my timeline a bit, Obama delivered a Pikettian narrative in Dec 2013 ..should have been a landmark speech on inequality (..) if he (and Dems) hadn't (tried to) protect their Senate majority. [In the Dec 2013 soeech] Obama zeroed in on policy choices. "As values of community broke down and competitive pressure increased, businesses lobbied Washington to weaken unions and the value of the minimum wage. As the trickle-down ideology became more prominent, taxes were slashes for the wealthiest while investments in things that make us all richer, like schools and infrastructure, were allowed to wither. And for a certain period of time we could ignore this weakening economic foundation (..) But when the music stopped and the crisis hit, millions of families were stripped of whatever cushion they had left. And the result is an economy that’s become profoundly unequal and families that are more insecure. -- terrific links roundup
US_economy  US_politics  Obama  Obama_administration  Reagan  supply-side  trickle-down  neoliberalism  inequality  middle_class  wages  wages-minimum  labor  labor_law  labor_share  labor_standards  Labor_markets  investment  executive_compensation  1-percent  infrastructure  education  education-higher  civic_virtue  common_good  Piketty  economic_growth  economic_culture  distribution-income  distribution-wealth  unemployment  health_care  public_goods  public_opinion  public_policy  elections  political_culture  political_economy  political_discourse  political_participation  Pocket 
january 2015 by dunnettreader
Home - Path to Full Employment | Project of Center on Budget and Policy Priorities
For most of the last few decades, the U.S. labor market has operated with considerable slack. Periods of full employment have been the exception, not the rule. In response, Jared Bernstein, Senior Fellow at the Center on Budget and Policy Priorities and previously Vice President Biden’s chief economic adviser, and the Center have begun a multiyear project to focus greater attention on the goal of reaching full employment and develop policy ideas to achieve this critical goal. To learn more about the project, visit our events page to watch our April 2 kick-off event at the National Press Club. To read a set of papers on policy ideas to get back to full employment, go to our papers’ page (this event was made possible thanks to a grant from the Rockefeller Foundation). -- Launched with big event and clutch of papers in April 2014 -- downloaded to Note pdf of Jared Bernstein's project overview paper -- as of October 2014 no new activity
US_economy  US_government  US_society  US_politics  Congress  Great_Recession  inequality  unemployment  labor  labor_law  labor_share  wages  wages-minimum  labor_standards  fiscal_policy  state_government  infrastructure  investment  downloaded  EF-add 
october 2014 by dunnettreader
Special Series: Contract to Cheat - Misclassification of Labor in the Government Contracts Construction Industry | McClatchy September 2014
Across the country, roughly 10 million construction workers spend each day in a dangerous and fickle industry. They hang drywall, lay carpet, shingle roofs. Yet in the eyes of their bosses, they aren't employees due the benefits the government requires. Employers treat many of these laborers as independent contractors. It's a tactic that costs taxpayers billions of dollars each year. Yet when it comes to public projects, government regulators have done nearly nothing about it, even when the proof is easy to get. The workers don't have protections. The companies don't withhold taxes. The regulators don't seem to care. McClatchy reporters in eight newsrooms spanning seven states spent a year unraveling the scheme, using little-noticed payroll records that show how widespread the practice has become and what it costs us all.
US_economy  US_government  local_government  regulation  regulation-enforcement  labor_law  labor  wages  race-to-the-bottom  Obama_administration 
september 2014 by dunnettreader
Leo E. Strine , Nicholas Walter - Conservative Collision Course?: The Tension between Conservative Corporate Law Theory and Citizens United (Cornell Law Review, Forthcoming) - August 1, 2014 :: SSRN
Leo E. Strine Jr. - Supreme Court of Delaware; Harvard Law School; University of Pennsylvania Law School -- Nicholas Walter, Yale University -- Harvard Law School John M. Olin Center Discussion Paper No. 788 -- One important aspect of Citizens United has been overlooked: the tension between the conservative majority’s view of for-profit corporations, and the theory of for-profit corporations embraced by conservative thinkers. This article explores the tension between these conservative schools of thought and shows that Citizens United may unwittingly strengthen the arguments of conservative corporate theory’s principal rival. Citizens United posits that stockholders of for-profit corporations can constrain corporate political spending and that corporations can legitimately engage in political spending. Conservative corporate theory is premised on the contrary assumptions that stockholders are poorly-positioned to monitor corporate managers for even their fidelity to a profit maximization principle, and that corporate managers have no legitimate ability to reconcile stockholders’ diverse political views. Because stockholders invest in for-profit corporations for financial gain, and not to express political or moral values, conservative corporate theory argues that corporate managers should focus solely on stockholder wealth maximization and non-stockholder constituencies and society should rely upon government regulation to protect against corporate overreaching. Conservative corporate theory’s recognition that corporations lack legitimacy in this area has been strengthened by market developments that Citizens United slighted: that most humans invest in the equity markets through mutual funds under section 401(k) plans, cannot exit these investments as a practical matter, and lack any rational ability to influence how corporations spend in the political process. -- Keywords: Corporate governance, political spending, Citizens United, conservative corporate theory, regulatory externalities, lobbying, profit maximization, constitutional law, election law, labor law
article  SSRN  SCOTUS  legal_history  legal_system  legal_theory  corporate_law  corporate_governance  principal-agent  management  shareholders  shareholder_value  campaign_finance  lobbying  elections  labor_law  US_constitution  constitutional_law  public_policy  interest_groups  oligarchy  rent-seeking  investors  savings  capitalism  capital_markets  downloaded  EF-add 
september 2014 by dunnettreader
Ahmed White - The Wagner Act on Trial: The 1937 'Little Steel' Strike and the Limits of New Deal Reform (May 29, 2014) :: SSRN
University of Colorado Law School -- The National Labor Relations Act of 1935, or Wagner Act, played a crucial role in shaping the New Deal and eventually transforming the economic, political, and legal foundations of modern America. Although many aspects of the statute’s history, including its relationship to the rise of industrial unionism and the epic struggle to secure its constitutionality, have been well told by historians and legal scholars, key elements of its story remain obscured by misconceptions, oversight, and outright myth. Not least among these areas of uncertainty is how the new law actually functioned in the months and years immediately after the Supreme Court upheld its constitutionality, and what its fate in this crucial time says about the nature of the New Deal itself. This article undertakes to shed light on these questions by unfolding the history of one of the most important events in the Second New Deal period: the “Little Steel” Strike of 1937. Drawing on a host of sources, including five major archival collections, this article tells the story of this dramatic and violent episode, including its legal history. Presenting the strike as a key test of the Wagner Act and a critical bellwether of the New Deal, the article documents not only the virtues of new regime in labor rights just as it emerged from the shadow of unconstitutionality, but also congenital shortcomings in the labor law that have undermined workers’ rights ever since. In a further challenge to conventional narratives of the period, the story of the strike exposes the remarkable degree to which the power of the business community survived, relatively undiminished, the Wagner Act and the political changes that accompanied it. Moreover, giving credence to a broader literature on New Deal law and policy, the article presents the strike and litigation surrounding it as proof of the continuing weakness of the New Deal and as key moments in the conservative turn that marked course of reform in the late 1930s.
paper  SSRN  US_history  20thC  entre_deux_guerres  New_Deal  labor  labor_law  labor_history  unions  big_business  SCOTUS  power-asymmetric  capitalism  public_disorder  reform-legal  reform-economic  downloaded  EF-add 
august 2014 by dunnettreader
Marketplace takes a look at how the iPad is made and who, exactly, builds it
The unique privilege of jumpsuiting up and prowling the Foxconn factory floor may be reserved for the likes of Tim Cook and Nightline's Bill Weir, but thanks to American Public Media's Marketplace, we can all take a peek at the iPad production line. The above video is part of Rob Schmitz' ongoing look at Foxconn's factory conditions. Schmitz is partially responsible for debunking Mike Daisey's "theatrical" deception, and now hopes to educate readers on the reality of Foxconn's Longhua facility."When I gave examples of some of the American media coverage of the working conditions at Foxconn, many workers laughed, telling me it's not really that bad" Schmitz writes. "But that doesn't mean the workers don't have complaints." Through a series of interviews, Schmitz unveils how workers feel about their supervisors, jobs, pay, family back home and their dreams for the future. So, how's that iPad made? Check out the source link below, and find out.Marketplace takes a look at how the iPad is made and who, exactly, builds it originally appeared on Engadget on Wed, 11 Apr 2012 23:33:00 EDT. Please see our terms for use of feeds.
Permalink AppleInsider  |  American Public Media Marketplace  | Email this | Comments
American_Public_Media  AmericanPublicMedia  apple  china  factories  Foxconn  iPad  labor_law  Longhua  marketplace  pple  report  Rob_Schmitz  RobSchmitz  video  working_conditions  WorkingConditions  from google
april 2012 by bdarcus
Save A Worker by Keeping Him Unemployed
Here is a portion of Kevin Drum’s argument against lowering the minimum wage to stimulate employment

Is this really what we’ve come to? That we should provide a (probably very small) boost to the job market by allowing businesses to hire people for $9,500 per year instead of $14,500? Seriously? I mean, this is the ultimate safety net program, aimed squarely at working people at the very bottom of the income ladder. If we’re willing to throw them under the bus, who aren’t we willing to throw under the bus?

Part of the problem is that Drum is absolutely convinced that our intuition (and, oh, 200 years of experience) that demand curves slope downward is flawed in the case of low-skill labor.  He has read the two studies out of a zillion that, contrary to all the others, suggests that minimum wage increases may not affect employment and has convinced himself that these are the last word in the science.    As an employer who has laid people off and made larger and larger investments in automation with each successive minimum wage increase, I will continue to trust my intuition that higher minimum wages makes hiring less desirable.

I will say, though, that there are a number of reasons why a change in the minimum wage may have a smaller overall effect nowadays than one might expect.  That is because the minimum wage vastly understates the cost of taking on an unskilled worker.  Even with a lower minimum wage, these government costs will remain:

Soon, the employer will have to pay for the employees health care, a very expensive proposition
Workers comp and other labor taxes add as much as 20% to the cost of labor
In states like California, bad employees have an increasing number of avenues to prevent employers from firing them, from appeal to an ADA law stretched out of recognition to any number of other legal presumptions that employers have to just live with hiring mistakes

Hiring employees used to be a joyous occasion.  Now I cringe and wonder what kind of liabilities I am taking on.

But back to Drum’s statement, how sick is it that allowing people off the dole to actually get a job is called “throwing them under the bus?” Drum, for someone so fired up to make decisions based on academic work, sure is willing to put on blinders to all the academic work that actually characterizes who works for minimum wage and how long they stay on it.  He who argues against making policy based on flawed intuition is operating here entirely from a flawed perception of who minimum wage workers are.  He seems to want to picture families of eight supported for decades by someone trapped in the same minimum wage job, for whom a raise only comes when Congress grants it, but that is simply not the reality.

Just as one metric, for example, the percentage of all wage and salaried workers making minimum wage or less fell from 8.8% in 1980 to 1.7% in 2008.  In fact, the actual absolute number of people making the minimum wage fell by over 2/3 during these years.    I would argue that this number is probably too low.  A dynamic labor market needs to bring people in at the bottom, and raising the minimum wage makes this harder, and so traps people into unemployment.  In fact, the number of unemployed in this country is at least 6 times larger than the number of minimum wage workers.

If we dropped the minimum wage, only a fraction of the 2 million or so who make the minimum wage would see their wages go down, but lets assume a quarter of them would.  We are therefore trying to prop up wages for 500,000 but at the same time creating barriers for 13.9 million people who are unemployed and are looking for work.  And it is low-skilled workers who we are most particularly throwing under the bus by keeping minimum wages high.
Economics  Labor_Law  from google
july 2011 by penixtissue

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