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

Stephen F. Befort and John W. Budd
Stanford University Press

2009

Paper, ISBN 9780804761543
Cloth, ISBN 9780804761536

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Read the preface at Stanford University Press
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The global financial crisis and recession have placed great strains on the free market ideology that emphasizes economic objectives and unregulated markets. And now, the balance of economic and non-economic 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, as well as economic efficiency, reveals significant deficiencies in our current practices. In response, 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.

The U.S. system of workplace law and public policy is ripe for reform, but Invisible Hands, Invisible Objectives is not just another book that sketches a reform agenda. Invisible Hands, Invisible Objectives provides the much-needed intellectual foundation and scorecard for how we think about employment policy specifically, and economic policy more generally, and is distinctively structured around objectives rather than policy issues. These are important developments for anyone concerned with employment-related laws and public policies and are necessary precursors to any meaningful program of reform. The book, which also includes descriptions of the evolution and current state of U.S. workplace regulation, is suitable for classroom use with students in law, human resources, economics, and public policy.

TABLE OF CONTENTS

Part One: Workplace Law and Public Policy

Chapter 1. The Goals and Assumptions of Workplace Law and Public Policy: The Need for Explicitness
Explicit Objectives. Explicit Models. Explicit Reform. Workplace and Public Policy XXX.

Chapter 2. The Evolution of U.S. Workplace Law and Public Policy: A Tapestry of Hidden Assumptions
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 Two: An Explicit Scorecard for Workplace Law and Public Policy

Chapter 3. Efficiency
The Efficiency Scorecard. Globalization. Technology and Skills. Flexibility. Employee Benefits. Administrative Burdens of the Litigation Enforcement Model. Conclusion.

Chapter 4. Equity
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.

Chapter 5. Voice

Employee Free Speech. Individual Self-Determination. Consultation, Codetermination, and Social Dialogue. Countervailing Collective Voice. Conclusion.

Part Three: Creating Coherent Laws and Public Policies on Work

Chapter 6. A Pluralist Manifesto for Workplace Law and Public Policy
Analytical Insights, Normative Concerns. The Need for a Principled System of Workplace Law and Public Policy. A Pluralist Manifesto for Regulating the Employment Relationship.

Chapter 7. Promoting Efficiency
International Labor Standards. Training Programs. Flexibility. Weakening the Ties that Bind: Employee Benefits. A Coherent Body of Workplace Law. Promoting Efficiency.

Chapter 8. Achieving Equity
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.

Chapter 9. Facilitating Voice
Employee Free Speech. Individual Self-Determination. Consultation, Codetermination, and Social Dialogue. Countervailing Collective Voice. Facilitating Voice.

Chapter 10. Bringing Workplace Law and Public Policy Into Focus, and Balance
The Difficulty of Legislative Reform. On What Level? Local, State, National, and International Reforms. Paying for (Im)Balance. Working Out a Balance.


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This page was last modified on August 2, 2009
jbudd -at- umn.edu