Invisible Hands, Invisible Objectives : Bringing Workplace Law and Public Policy into Focus

by Befort, Stephen F.

• ISBN13: 9780804761543
• ISBN10: 080476154X
• Format: Paperback
• Copyright: 2009-06-01
• Publisher: Stanford Economics & Finance

Summary

The global financial crisis and recession have placed great strains on the free market ideology that has emphasized economic objectives and unregulated markets. The balance of economic and noneconomic goals is under the microscope in every sector of the economy. It is time to re-think the objectives of the employment relationship and the underlying assumptions of how that relationship operates. Invisible Hands, Invisible Objectivesdevelops a fresh, holistic framework to fundamentally reexamine U.S. workplace regulation. A new scorecard for workplace law and public policy that embraces equity and voice for employees and economic efficiency will reveals significant deficiencies in our current practices. To create one, the authorsa legal scholar and an economics and industrial relations scholarblend their expertise to propose a comprehensive set of reforms, tackling such issues as regulatory enforcement, portable employee benefits, training programs, living wages, workplace safety and health, work-family balance, security and social safety nets, nondiscrimination, good-cause dismissal, balanced income distributions, free speech protections for employees, individual and collective workplace decision-making, and labor unions. Invisible Hands, Invisible Objectivesis not just another book that sketches a reform agenda. The book provides the much-needed rubric for how we think about employment policy specifically, but also economic policy more generally. It is a must-read in these most critical times.

Author Biography

Stephen F. Befort is the Gray, Plant, Mooty, Mooty, and Bennett Professor of Law at the University of Minnesota Law School. He is the author of Employment Law and Practice, Second Edition (2003). John W. Budd is the Industrial Relations Land Grant Chair at the University of Minnesota's Carlson School of Management. He is the author of the award-winning Labor Relations: Striking a Balance (2006).

Table of Contents

List of Tables	p. xi
List of Figures	p. xiii
Preface	p. xv
Abbreviations	p. xvii
Workplace Law and Public Policy
The Goals and Assumptions of Workplace Law and Public Policy: The Need for Explicitness	p. 3
Explicit Objectives
Explicit Models
Explicit Reform
Workplace and Public Policy XXX.
The Evolution of U.S. Workplace Law and Public Policy: A Tapestry of Hidden Assumptions	p. 22
The Old Deal: Free Markets and Contracts Between Equals
The New Deal: Balancing Power Through Labor Unions and Fair Labor Standards
The Employment Law Era: Human Resource Management and Individual Rights
The Global Era: Free Trade and Personal Responsibility
Hidden Assumptions, Conflicting Assumptions
An Explicit Scorecard for Workplace Law and Public Policy
Efficiency	p. 47
The Efficiency Scorecard
Globalization
Technology and Skills
Flexibility
Employee Benefits
Administrative Burdens of the Litigation Enforcement Model
Conclusion
Equity	p. 66
Balancing Work and Non-Work Needs
A Living Wage
Balanced Income Distributions
Security and Social Safety Nets
Nondiscrimination and Fairness
Good-Cause Dismissal
Nonstandard Work Arrangements
Conclusion
Voice	p. 92
Employee Free Speech
Individual Self-Determination
Consultation, Codetermination, and Social Dialogue
Countervailing Collective Voice
Conclusion
Creating Coherent Laws and Public Policies on Work
A Pluralist Manifesto for Workplace Law and Public Policy	p. 117
Analytical Insights, Normative Concerns
The Need for a Principled System of Workplace Law and Public Policy
A Pluralist Manifesto for Regulating the Employment Relationship
Promoting Efficiency	p. 132
International Labor Standards
Training Programs
Flexibility
Weakening the Ties That Bind: Employee Benefits
A Coherent Body of Workplace Law
Promoting Efficiency
Achieving Equity	p. 149
Balancing Work and Non-Work Needs
A Living Wage
Balanced Income Distributions
Security and Social Safety Nets
Nondiscrimination and Fairness
Good-Cause Dismissal
Nonstandard Work Arrangements
Achieving Equity
Facilitating Voice	p. 173
Employee Free Speech
Individual Self-Determination
Consultation, Codetermination, and Social Dialogue
Countervailing Collective Voice
Facilitating Voice
Bringing Workplace Law and Public Policy into Focus and Balance	p. 194
The Difficulty of Legislative Reform
On What Level? Local, State, National, and International Reforms
Paying for (Im)Balance
Working Out a Balance
Notes	p. 210
Bibliography	p. 261
About the Authors	p. 299
Index	p. 301
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