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Working Together
"Structure and rules are, in fact, central to the answer. Workplace interactions are constrained by economic power and necessity, and often by legal regulation. They exist far from the civic ideal of free and equal citizens voluntarily associating for shared ends. Yet it is the very involuntariness of these interactions that helps to make the often-troubled project of racial integration comparatively successful at work. People can be forced to get along - not without friction, but often with surprising success.".
Automation Anxiety
"This book confronts the hotly-debated prospect of mounting job losses from automation, and the divergent hopes and fears that prospect evokes, and proposes a strategy for mitigating the losses and spreading the gains from shrinking demand for human labor. Leading economists have concluded that automation is already exacerbating inequality by destroying more decent middle-skill jobs than it is creating. As ongoing innovations in artificial intelligence, machine learning, and robotics continue to chip away at the comparative advantages of human labor in a range of work tasks, those innovations are likely to yield growing job losses in the foreseeable future. Faced with this prospect, the book...
Regoverning the Workplace
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
Research Handbook on the Economics of Labor and Employment Law
ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists ...
A New Deal for China’s Workers?
China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.
Brief of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould IV, Michael C. Harper, and Theodore J. St. Antoine, as Amici Curiae in Support of Respondent in Janus V. American Fed. Of State, County, and Muni. Employees, No. 16-1466
Our brief makes a functional argument for public sector collective bargaining. Employees expect, and the government employer generally favors, horizontal uniformity - similar terms and conditions for similarly- situated employees. Any terms negotiated with one employee would, as a practical matter, have to be extended to all other similarly-situated employees. The employer thus must maintain uniform working conditions and criteria for making pay, promotion, and other personnel decisions for similarly-situated workers. The choice for the employer is whether to impose terms unilaterally, perhaps with the assistance of HR and outside consultants, or bargain collectively with employees. In choos...
A New Deal for China's Workers?
This book takes a comparative look at China's labor pains and the reforms taking shape in their wake. Some recent developments in China - rising strike levels, a surge of union organizing, and a raft of reforms - seem to echo the American New Deal experience. But even as China's leaders hope to replicate the prosperity and stability that flowed from the New Deal labor reforms, they are irrevocably opposed to the independent trade unions that were the central actors in both spurring and carrying out those reforms. In China the specter of an independent labor movement both drives and constrains every facet of China's labor policy, both its reforms and its use of repression. If China's workers get their New Deal, it will be a New Deal with "Chinese characteristics," very unlike what workers in the West achieved in the mid-20th century.--
Employment Law Stories
Employment law is emerging as an important practice area. This title provides behind-the-scenes descriptions of the landmark cases; the litigants, the lawyers, the strategy; that helped shape this growing field. This account of emerging law is designed to help the student understand that, well before appellate judges are involved, the basic narrative and the doctrinal and policy potential of the case have been set by the decisions of litigants and their representatives. Several chapters are also devoted to the story behind some of the principal statutes in the area.
Why Workers Still Need a Collective Voice in the Era of Norms and Mandates
The drastic decline of union representation in the U.S. has opened up a large and by now familiar 'representation gap' in the workplace. Different workers prefer different forms of representation: Many want independent union representation, a choice that is formally available but difficult to secure in the face of management opposition; others want a more cooperative form of collective representation that is unlawful under federal labor law. But the vast majority of workers wants some form of collective representation, and does not have it. On some accounts, workers no longer need collective representation because their interests are adequately protected by a combination of legally-enforceab...
