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.
AbrahamK.TylerS. (1996) ‘Firms' use of outside contractors: Theory and evidence’, Journal of Labor Economics, 14(3), pp. 394–424.
2.
ArlenJ.MacLeodB. (2005) ‘Beyond master-servant: A critique of vicarious liability’, in MaddenS. (ed.) Exploring Tort Law, Cambridge University Press, New York, pp. 111–142.
3.
AshenfelterO.SmithR. (1979) ‘Compliance with the minimum wage law’, Journal of Political Economy, 87(2), pp. 333–350.
4.
BardachE.KaganR. (1982) Going by the Book: The Problem of Regulatory Unreasonableness, Temple University Press, Philadelphia, PA.
5.
BernhardtA.BousheyH.DresserL.TillyC. (2008) The Gloves-Off Economy: Workplace Standards at the Bottom of America's Labor Market, Labor and Employment Relations Association, Champaign, IL.
6.
BernhardtA.MilkmanR.TheodoreN.HeckathornD.AuerM.DeFillipisJ.Luz GonzalezA.NarroV.PerelshteynJ.PolsonD.SpillerM. (2009) Broken Laws, Unprotected Workers: Violations of Employment in Labor Laws in America's Cities. Center for Urban Economic Development, University of Illinois Chicago/National Employment Law Project/UCLA Institute for Research on Labor and Employment.
7.
BlairR.LafontaineF. (2005) The Economics of Franchising, Cambridge University Press, New York.
8.
BrownC.HamiltonJ.MedoffJ. (1990) Employers Large and Small, Harvard Unviersity Press, Cambridge, MA.
9.
CarréF.FerberM.GoldenL.HerzenbergS. (2000) Nonstandard Work: The Nature and Challenges of Changing Employment Arrangements, Industrial Relations Research Association, Champaign, IL.
10.
CarréF.WilsonR. (2004) The social and economic costs of employee misclassification in construction, Report of the Construction Policy Research Center, Labor and Worklife Program, Harvard Law School and Harvard School of Public Health, Boston, MA.
11.
EstlundC. (2008) ‘Who mops the floors at the Fortune 500? Corporate self-regulation and the low-wage workplace’, Lewis and Clark Law Review, 12(3), pp. 671–693.
12.
FungA.GrahamM.WeilD. (2007) Full Disclosure: Perils and Promise of Transparency, Cambridge University Press, New York.
13.
General Accounting Office (2009) Employee Misclassification: Improved Coordination, Outreach and Targeting Could Better Ensure Detection and Prevention, GAO-09-717, Washington, DC.
14.
GlynnT. (2011) ‘Taking the employer out of employment law? Accountability for wage and hour violations in an age of enterprise disaggregation’, Employee Rights and Employment Policy Journal, 15(1), pp. 101–135.
15.
GoldsteinB.LinderM.NortonL.RuckelshausC. (1999) ‘Enforcing fair labor standards in the modern American sweatshop: Rediscovering the statutory definition of employment’, UCLA Law Review, 46(4), pp. 983–1106.
16.
JiM.WeilD. (2011) Does ownership structure influence regulatory behavior? the impact of franchisee free-riding on labor standards compliance, Working paper, Boston University, Boston MA.
17.
JinG.LeslieP. (2009) ‘Reputational incentives for restaurants hygiene’, American Economic Journal: Microeconomics, 1(1), pp. 237–267.
18.
KaufmannP.LafontaineF. (1994) ‘Costs of control: The source of economic rents for McDonald's francisees', Journal of Law and Economics, 37(2), pp. 417–453.
19.
KellerK. (2008) Strategic Brand Management: Building, Measuring, and Managing Brand Equity, Third edition, Pearson/Prentice Hall, Upper Saddle River, NJ.
20.
LeonardJ. (2000) Hot goods temporary restraining orders under the Fair Labor Standards Act in the agricultural sector of the economy: A manual for legal assistance programs, Manuscript. Washington, DC.
21.
ManningA. (2003) Monopsony in Motion: Imperfect Competition in Labor Markets, Princeton University Press, Princeton, NJ.
OstermanP. (2008) ‘Improving the quality of low-wage work: The current American experience’, International Labor Review, 147 (2–3), pp. 115–134.
24.
Pizza Hut, Inc. (2009) Pizza Hut Franchise Disclosure Document, 25 March. Filed and accessed through the California franchising database, available: http://134.186.208.228/caleasi/Pub/Exsearch.htm [accessed 28 April 2010].
25.
RebitzerJ. (1995) ‘Job safety and contract workers in the petrochemical industry’, Industrial Relations, 34(1), pp. 40–57.
26.
RogersB. (2010) ‘Toward third-party liability for wage theft’, Berkeley Journal of Employment and Labor Law, 30(1), pp. 1–64.
27.
RuckelshausC. (2008) ‘Labor's wage war’, Fordham Urban Law Journal, 35(2), pp. 373–404.
28.
ShulmanB. (2003) The Betrayal of Work: How Low-Wage Jobs Fail 30 Million Americans, New Press, New York, NY.
29.
StarkO.HyllW. (2011) ‘On the economic architecture of the workplace: Repercussions of social comparisons among heterogeneous workers', Journal of Labor Economics, 29(2), pp. 349–375.
30.
StoneK. (2004) From Widgets to Digits: Employment Regulation for the Changing Workplace, Cambridge University Press, New York, NY.
31.
Taco Bell Corp. (2009) Taco Bell franchise disclosure document, 24 March. Filed and accessed through the California franchising database, available: http://134.186.208.228/caleasi/Pub/Exsearch.htm [accessed 15 May 2010].
32.
US Department of Commerce, Bureau of the Census (2008) County Business Patterns: USA, Government Printing Office, Washington, DC.
US Department of Labor (2010b) A new approach to measuring the performance of U.S. Department of Labor worker protection agencies, available: http://www.dol.gov/_sec/stratplan/newapproach.pdf [accessed 10 June 2011].
WeilD. (2005) ‘Public enforcement/private monitoring: Evaluating a new approach to regulating the minimum wage’, Industrial and Labor Relations Review, 52(2), pp. 238–257.
40.
WeilD. (2008) ‘A strategic approach to labor inspection’, International Labor Review, 147(4), pp. 349–375.
41.
WeilD. (2009) ‘Rethinking the regulation of vulnerable work in the USA: A sector-based approach’, Journal of Industrial Relations, 51(3), pp. 411–430.
42.
WeilD. (2010) Improving Workplace Conditions through Strategic Enforcement, Report to the Wage and Hour Division, U.S. Department of Labor, Washington, DC.
43.
WeilD.MalloC. (2007) ‘Regulating labor standards via supply chains: Combining public/private interventions to improve workplace compliance’, British Journal of Industrial Relations, 45(4), pp. 805–828.
44.
WoodsR. (2009) ‘Industry output and employment projections to 2018’, Monthly Labor Review, 132(11), pp. 52–81.
45.
ZatzN. (2008) ‘Working beyond the reach or grasp of employment law’ in BernhardtA.BousheyH.DresserL.TillyC. (eds) The Gloves-Off Economy: Workplace Standards at the Bottom of America's Labor Market, Labor and Employment Relations Association, Champaign IL, pp. 31–64.
