Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus / Edition 1

Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus / Edition 1

ISBN-10:
080476154X
ISBN-13:
9780804761543
Pub. Date:
06/01/2009
Publisher:
Stanford University Press

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Overview

Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus / Edition 1

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 Objectives develops 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 authors—a legal scholar and an economics and industrial relations scholar—blend 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 Objectives is 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.

Product Details

ISBN-13: 9780804761543
Publisher: Stanford University Press
Publication date: 06/01/2009
Edition description: New Edition
Pages: 328
Product dimensions: 5.90(w) x 8.90(h) x 0.80(d)

About the Author

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 xi

List of Figures xiii

Preface xv

Abbreviations xvii

Part 1 Workplace Law and Public Policy

1 The Goals and Assumptions of Workplace Law and Public Policy: The Need for Explicitness 3

Explicit Objectives

Explicit Models

Explicit Reform

Workplace and Public Policy XXX.

2 The Evolution of U.S. Workplace Law and Public Policy: A Tapestry of Hidden Assumptions 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

Part 2 An Explicit Scorecard for Workplace Law and Public Policy

3 Efficiency 47

The Efficiency Scorecard

Globalization

Technology and Skills

Flexibility

Employee Benefits

Administrative Burdens of the Litigation Enforcement Model

Conclusion

4 Equity 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

5 Voice 92

Employee Free Speech

Individual Self-Determination

Consultation, Codetermination, and Social Dialogue

Countervailing Collective Voice

Conclusion

Part 3 Creating Coherent Laws and Public Policies on Work

6 A Pluralist Manifesto for Workplace Law and Public Policy 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

7 PromotingEfficiency 132

International Labor Standards

Training Programs

Flexibility

Weakening the Ties That Bind: Employee Benefits

A Coherent Body of Workplace Law

Promoting Efficiency

8 Achieving Equity 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

9 Facilitating Voice 173

Employee Free Speech

Individual Self-Determination

Consultation, Codetermination, and Social Dialogue

Countervailing Collective Voice

Facilitating Voice

10 Bringing Workplace Law and Public Policy into Focus and Balance 194

The Difficulty of Legislative Reform

On What Level? Local, State, National, and International Reforms

Paying for (Im)Balance

Working Out a Balance

Notes 210

Bibliography 261

About the Authors 299

Index 301

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