Category Archives: Employment

News Article: “A Bigger Economic Pie, but a Smaller Slice for Half of the U.S.”

News Article: Patricia Cohen, “A Bigger Economic Pie, but a Smaller Slice for Half of the U.S.,” N.Y. Times, Dec. 6, 2016.

News Article: “Free Cash in Finland. Must Be Jobless.”

News Article: Peter S. Goodman, “Free Cash in Finland. Must Be Jobless.,” N.Y. Times, Dec. 17, 2016.

Report: “Income inequality in the U.S. by state, metropolitan area, and county”

Report: Estelle Sommeiller, Mark Price & Ellis Wazeter, “Income inequality in the U.S. by state, metropolitan area, and county,” Economic Policy Institute (June 2016).

News Article: “Fleeing Gangs, Central American Families Surge Toward U.S.”

News Article: Kirk Semple, “Fleeing Gangs, Central American Families Surge Toward U.S.,” New York Times, Nov. 12, 2016.

News Article: “Are au pairs cultural ambassadors or low-wage nannies? A lawsuit enters the fray.”

News Article: Noy Thrupkaew,”Are au pairs cultural ambassadors or low-wage nannies? A lawsuit enters the fray.,” Washington Post, Nov. 3, 2016.

News Article: “White D.C. Area Households Have A Net Worth 81 Times Greater Than Black Ones”

News Article: Andrew Giambrone, “White D.C. Area Households Have A Net Worth 81 Times Greater Than Black Ones,” Washington Post, Nov. 1, 2016.

Article: “The New Labor Law”

Article: Kate Andrias, “The New Labor Law,” 126 Yale L.J. (2016).

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals don’t solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the old regime, the potential for a new labor law is emerging.

In this Article, I describe and defend the nascent regime, which embraces a form of social bargaining long thought unattainable in the United States. The new labor law rejects the old regime’s commitment to the employer-employee dyad and to a system of private ordering. Instead, it locates decisions about basic standards of employment at the sectoral level and positions unions as political actors empowered to advance the interests of workers generally. This new labor law, though nascent and uncertain, has the potential to salvage and secure one of labor law’s most fundamental commitments — to help achieve greater equality, both economic and political — in the context of the twenty-first century economy.

News Article: “Small Factories Emerge as a Weapon in the Fight Against Poverty”

News Article: Nelson D. Schwartz, “Small Factories Emerge as a Weapon in the Fight Against Poverty,” New York Times, Oct. 28, 2016.

New Article: “The Declining Fortunes of American Workers: Six Dimensions and an Agenda for Reform”

New Article: Stephen F. Befort, “The Declining Fortunes of American Workers: Six Dimensions and an Agenda for Reform,” Fla. L. Rev. (forthcoming).

At the turn of the century, I undertook an assessment of the then current state of workplace rights and obligations. I concluded that the balance of power between employers and workers was “badly skewed” in favor of employers. This article revisits that topic for the purpose of assessing twenty-first century trends through the lens of six workplace dimensions. They are: workforce attachment, union-management relations, employment security, income inequality, balancing work and family, and retirement security. An examination of these dimensions reveal that the status of U.S. workers has significantly declined during the first sixteen years of the twenty-first century. This article then sets out a proposed agenda for reform designed to recalibrate the current imbalance in the respective fortunes of employees and employers.

News Article: “More Wealth, More Jobs, but Not for Everyone: What Fuels the Backlash on Trade”

News Article: Peter S. Goodman, “More Wealth, More Jobs, but Not for Everyone: What Fuels the Backlash on Trade,” New York Times, Sept. 28, 2016.