Can stronger state-level public policies help protect workers from “wage theft?” In recent years, workers' rights groups have responded to policy drift and legislative inaction at the national level by launching campaigns to enact stronger penalties for wage and hour violations at the state level. Many of these campaigns have been legislatively successful and formative for the development of “alt-labor.” But are such policies actually effective in deterring wage theft? Previous scholarship has long concluded that although stronger penalties should theoretically make a difference, in practice, they do not. But by confining the analysis to the admittedly weak national-level regulatory regime, the existing literature has eliminated all variation from the costs side of the equation and overlooked the rich variety of employment laws that exist at the state level. Using an original dataset of state laws, new estimates of minimum wage violations, and difference-in-differences analyses of a dozen recently enacted “wage-theft laws,” I find that stronger penalties can, in fact, serve as an effective deterrent against wage theft, but the structure of the policy matters a great deal, as does its enforcement. The implications for workers' rights and the changing shape of the labor movement are discussed in detail.
In recent years, scholars have made major progress in understanding the dynamics of “policy drift”—the transformation of a policy's outcomes due to the failure to update its rules or structures to reflect changing circumstances. Drift is a ubiquitous mode of policy change in America's gridlock-prone polity, and its causes are now well understood. Yet surprisingly little attention has been paid to the political consequences of drift—to the ways in which drift, like the adoption of new policies, may generate its own feedback effects. In this article, we seek to fill this gap. We first outline a set of theoretical expectations about how drift should affect downstream politics. We then examine these dynamics in the context of four policy domains: labor law, health care, welfare, and disability insurance. In each, drift is revealed to be both mobilizing and constraining: While it increases demands for policy innovation, group adaptation, and new group formation, it also delimits the range of possible paths forward. These reactions to drift, in turn, generate new problems, cleavages, and interest alignments that alter subsequent political trajectories. Whether formal policy revision or further stalemate results, these processes reveal key mechanisms through which American politics and policy develop.
Over the past several decades, a new kind of labor politics has emerged in new venues (state and local levels), focusing on new governing institutions (employment laws), involving new strategies by labor unions, and featuring new organizational forms (“alt-labor”). The timing, form, and content of these developments have been powerfully shaped by the persistence of the increasingly outmoded but still authoritative national labor law, which has constrained and channeled the efforts of workers and their advocates to respond to growing problems. While the new institutions and organizations provide new substantive rights for workers and alternative vehicles for voice and collective action, the layering of these new forms alongside the old—without displacing the latter—has generated new problems without solving the problems produced by the ossification of labor law in the first place. Using novel empirical data and analysis, this article documents these changes, explores their causes, and considers their consequences for the changing politics of workers’ rights.
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