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Strengthening Labor Standards Enforcement through Partnerships with Workers’ Organizations

Author

Listed:
  • Janice Fine

    (Rutgers University, New Brunswick, NJ, USA, fine@work.rutgers.edu)

  • Jennifer Gordon

    (Fordham Law School, New York, NY, USA, jgordon@law.fordham.edu)

Abstract

Structures of employment in low-wage industries, a diminished wage and hour inspectorate, and an unworkable immigration regime have combined to create an environment where violations of basic workplace laws are everyday occurrences. This article identifies four “logics†of detection and enforcement, arguing that there is a mismatch between the enforcement strategies of most federal and state labor inspectorates and the industries in which noncompliance continues to be a problem. In response, the authors propose augmenting labor inspectorates by giving public interest groups like unions and worker centers a formal, ongoing role in enforcement in low-wage sectors. In three case studies, the authors present evidence of an emergent system—one that harkens back to a logic proposed by the drafters of the Fair Labor Standards Act (FLSA) but never implemented—of empowering those closest to the action to work in partnership with government.

Suggested Citation

  • Janice Fine & Jennifer Gordon, 2010. "Strengthening Labor Standards Enforcement through Partnerships with Workers’ Organizations," Politics & Society, , vol. 38(4), pages 552-585, December.
    • Handle: RePEc:sae:polsoc:v:38:y:2010:i:4:p:552-585
    DOI: 10.1177/0032329210381240
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    Citations

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    Cited by:

    1. Ronconi, Lucas & Raphael, Steven, 2024. "Measuring Effective Labor Regulation in the Less Developed World: Recent Advances and Challenges Ahead," IZA Policy Papers 210, Institute of Labor Economics (IZA).
    2. Adam DK King, 2021. "A Feminist Political Economy Critique of ‘the Militant Minority’," Work, Employment & Society, British Sociological Association, vol. 35(3), pages 584-594, June.
    3. Lan Li & Hsin-Chieh Kung & Fu-Sheng Tsai & Chih-Fang Liu & Kun-Hwa Lu, 2018. "Service Learning, Service Climate, and Service-Based Social Innovation for Sustainability," Sustainability, MDPI, vol. 10(7), pages 1-12, July.
    4. Stephen Mustchin & Mathew Johnson & Marti Lopez‐Andreu, 2023. "Civil society organisations in and against the state: Advice, advocacy and activism on the margins of the labour market," Industrial Relations Journal, Wiley Blackwell, vol. 54(2), pages 117-131, March.
    5. Sarah Dolfin & Nan Maxwell & Ankita Patnaik, "undated". "WHD Compliance Strategies: Directions for Future Research," Mathematica Policy Research Reports b7a5ca876e0b448f9b9c0850e, Mathematica Policy Research.
    6. Mark Erlich, 2021. "Misclassification in Construction: The Original Gig Economy," ILR Review, Cornell University, ILR School, vol. 74(5), pages 1202-1230, October.
    7. Berliner, Daniel & Greenleaf, Anne & Lake, Milli & Noveck, Jennifer, 2015. "Building Capacity, Building Rights? State Capacity and Labor Rights in Developing Countries," World Development, Elsevier, vol. 72(C), pages 127-139.
    8. Tess Hardy, 2011. "Enrolling Non-State Actors to Improve Compliance with Minimum Employment Standards," The Economic and Labour Relations Review, , vol. 22(3), pages 117-140, November.
    9. Matthew Amengual & Janice Fine, 2017. "Co‐enforcing Labor standards: the unique contributions of state and worker organizations in Argentina and the United States," Regulation & Governance, John Wiley & Sons, vol. 11(2), pages 129-142, June.
    10. Nancy Plankey-Videla & Cynthia Luz Cisneros Franco, 2022. "“Lots of Time They Don’t Pay”: Understanding Wage-Theft and Resistance in Bryan, Texas through Critical Community-Engaged Research," Social Sciences, MDPI, vol. 11(3), pages 1-33, February.
    11. Jason Foster & Bob Barnetson & Jared Matsunaga-Turnbull, 2018. "Fear Factory: Retaliation and Rights Claiming in Alberta, Canada," SAGE Open, , vol. 8(2), pages 21582440187, June.
    12. Sarah Dolfin & Nan Maxwell & Alix Gould-Werth & Armando Yañez & Jonah Deutsch & Libby Hendrix, "undated". "Compliance Strategies Evaluation Literature and Database Review," Mathematica Policy Research Reports 92ddb450d98b4b128f4fd1442, Mathematica Policy Research.
    13. M. Anne Visser, 2017. "A floor to exploitation? Social economy organizations at the edge of a restructuring economy," Work, Employment & Society, British Sociological Association, vol. 31(5), pages 782-799, October.

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