Terri Gerstein and LiJia Gong. 7/20/2022. The Growing Role of Localities in the United States in Enacting and Enforcing Protections for Gig Economy Workers . Competition Policy International.
Terri Gerstein and LiJia Gong. 6/13/2022. The role of local government in protecting workers’ rights. Economic Policy Institute and Labor and Worklife Program.Abstract
What this report finds: In recent years, cities, counties, and other localities have become innovators and leaders in standing up for working people. A number of localities have come to view protecting workers and improving their working conditions as part of their core municipal function. Some of the most noteworthy ways in which localities have taken action on behalf of working people in recent years include: 


  • establishing dedicated local labor standards offices that enforce workers’ rights laws 
  • establishing ongoing worker boards or councils 
  • passing local worker protection laws
  • actively enforcing local worker protection laws 
  • setting job quality standards for contractors with the municipal government 
  • establishing legal consequences for labor violations among applicants for municipal permits or licenses 
  • practicing high-road employment principles in relation to municipal employees
  • championing worker issues through public leadership 

While other reports have done an excellent job of exploring local action on specific issues like paid sick leave, living wages, and creation of worker boards, this report identifies and examines the broader trend of increased local action and analyzes the landscape of cities and other localities’ pro-worker actions in a comprehensive way.

Why it matters: Policies and enforcement that protect the rights of workers, ensure workers are able to meet their basic needs, and support workers’ efforts to organize are foundational to building healthy, thriving, and equitable communities. Working people in the United States today face multiple crisis situations that not only adversely impact their well-being, but also undermine the health and well-being of communities. Outdated labor laws are skewed against workers trying to form and join unions, and workers who try often face retaliation and other violations by employers. Public enforcement resources are inadequate, and workers are increasingly unable to bring their claims in court because of forced arbitration. In this context, cities and localities are vitally important and necessary actors in the effort to expand and enforce workers’ rights. They are close to their residents, and often are nimble and fast-moving in responding to emerging needs. A few cities (along with a few states) are also at the vanguard of innovating on policy and piloting new approaches to expanding and protecting workers’ rights. There is very meaningful work currently happening at the local level, with untapped potential for much more local action. 

Learning from the Covid Disruption: A Stop/Start/Continue Analysis for Unions
Elaine Bernard. 6/2022. “Learning from the Covid Disruption: A Stop/Start/Continue Analysis for Unions.” Labor Notes, no. 519, Pp. 12-13. bernard_2022_june_labor_notes.pdf
Ashley Nunes, Lucas Woodley, and Philip Rossetti. 4/4/2022. “Re-thinking procurement incentives for electric vehicles to achieve net-zero emissions.” Nature Sustainability.Abstract

Procurement incentives are a widely leveraged policy lever to stimulate electric vehicle (EV) sales. However, their effectiveness in reducing transportation emissions depends on the behavioural characteristics of EV adopters. When an EV is used, under what conditions and by whom dictates whether or not these vehicles can deliver emissions reductions. Here, we document that replacing gasoline powered vehicles with EVs may—depending on behavioural characteristics—increase, not decrease, emissions. We further show that counterfactual vehicle inventory—how many vehicles a household would own absent an EV purchase—is an important influencer of these effects. We conclude that achieving emissions reductions using EVs requires redesigning procurement incentive programmes in a manner that (re)distributes incentives towards the second-hand EV market. Doing so would not only facilitate emissions reductions but also address fiscal prudency and regressivity concerns associated with these programmes.

Ashley Nunes, Laurena Huh, Nicole Kagan, and Richard B. Freeman. 8/9/2021. “Estimating the energy impact of electric, autonomous taxis: Evidence from a select market”. Publisher's VersionAbstract
Electric, autonomous vehicles promise to address technical consumption inefficiencies associated with gasoline use and reduce emissions. Potential realization of this prospect has prompted considerable interest and investment in the technology. Using publicly available data from a select market, we examine the magnitude of the envisioned benefits and the determinants of the financial payoff of investing in a tripartite innovation in motor vehicle transportation: vehicle electrification, vehicle automation, and vehicle sharing. In contrast to previous work, we document that 1) the technology's envisioned cost effectiveness may be impeded by previously unconsidered parameters, 2) the inability to achieve cost parity with the status quo does not necessarily preclude net increases in energy consumption and emissions, 3) these increases are driven primarily by induced demand and mode switches away from pooled personal vehicles, and 4) the aforementioned externalities may be mitigated by leveraging a specific set of technological, behavioral and logistical pathways. We quantify – for the first time – the thresholds required for each of these pathways to be effective and demonstrate that pathway stringency is largely influenced by heterogeneity in trip timing behavior. We conclude that enacting these pathways is crucial to fostering environmental stewardship absent impediments in economic mobility.
Terri Gerstein. 5/17/2021. How district attorneys and state attorneys general are fighting workplace abuses. Washington, DC: Economic Policy Institute. Publisher's VersionAbstract


Historically wage theft and other crimes against workers have not been prosecuted. Rather, civil enforcement by labor departments, along with private class-action lawsuits, have more commonly been the methods used to enforce crucial workplace protections like the right to be paid wages owed. However, responding to widespread, entrenched, and often egregious violations of workplace laws, an increasing number of district attorneys (DAs) and state attorneys general (AGs) have been bringing criminal prosecutions against law-breaking employers. This development is particularly important in light of limits in worker protection laws, underfunding of labor enforcement agencies that enforce those laws, and employers’ increasing use of forced arbitration clauses—which deprive workers of their right to take their employer to court, all of which have narrowed the options for workers whose rights have been violated.

  • State and local prosecutors have been bringing charges in a range of cases:
    • wage theft
    • misclassification (of workers as independent contractors) and payroll fraud
    • failure to pay unemployment insurance taxes
    • workers’ compensation insurance fraud
    • labor trafficking
    • egregious workplace safety and health violation
    • workplace sexual assault
    • witness tampering and retaliation
  • Criminal prosecution of violations of workers’ rights is appropriate and helps strengthen worker protection laws by establishing meaningful consequences for lawbreaking employers. Egregious violations of workers’ rights harm workers and communities, make it difficult for honest employers to compete, and deprive public coffers of money needed for critical safety net programs. Prosecutors engaged in workers’ rights issues should continue to build on this work, and more offices should join the effort.
  • State legislatures should strengthen statutes protecting workers, and ideally create funding mechanisms for pursuing criminal cases against lawbreakers.
  • Worker organizations and advocates should build relationships with DAs and the AG in their states to draw these untapped resources into the effort to protect workers’ rights.
Inequality and the Labor Market The Case for Greater Competition
Sharon Block and Benjamin H. Harris. 4/6/2021. Inequality and the Labor Market The Case for Greater Competition, Pp. 261. Brookings Institution Press. Publisher's VersionAbstract

As the United States continues to struggle with the impact of the devastating COVID-19 recession, policymakers have an opportunity to redress the competition problems in our labor markets. Making the right policy choices, however, requires a deep understanding of long-term, multidimensional problems. That will be solved only by looking to the failures and unrealized opportunities in anti-trust and labor law.

For decades, competition in the U.S. labor market has declined, with the result that American workers have experienced slow wage growth and diminishing job quality. While sluggish productivity growth, rising globalization, and declining union representation are traditionally cited as factors for this historic imbalance in economic power, weak competition in the labor market is increasingly being recognized as a factor as well.

This book by noted experts frames the legal and economic consequences of this imbalance and presents a series of urgently needed reforms of both labor and anti-trust laws to improve outcomes for American workers. These include higher wages, safer workplaces, increased ability to report labor violations, greater mobility, more opportunities for workers to build power, and overall better labor protections.

Inequality and the Labor Market will interest anyone who cares about building a progressive economic agenda or who has a marked interest in labor policy. It also will appeal to anyone hoping to influence or anticipate the much-needed progressive agenda for the United States. The book’s unusual scope provides prescriptions that, as Nobel Laureate Joseph Stiglitz notes in the introduction, map a path for rebalancing power, not just in our economy but in our democracy.

Global sweatshops: the history and future of North-South solidarity campaigns in Bangladesh and beyond
John Trumpbour. 3/4/2021. “Global sweatshops: the history and future of North-South solidarity campaigns in Bangladesh and beyond.” Labor History, Volume 62, 2. Publisher's Version
Mark Erlich. 11/26/2020. “MISCLASSIFICATION IN CONSTRUCTION: THE ORIGINAL GIG ECONOMY.” ILR Review. Download PaperAbstract
The misclassification of employees as independent contractors has been the focus of recent attention as a result of the implementation of that employment model by ride-share and other gig employers. But the practice long predates the emergence of the gig economy, particularly in the construction industry. This article traces the history of misclassification in construction and the subsequent emergence of a cash-based underground system of compensation, which have lowered standards and been among the major causes of the decline of union density in the industry. In addition, the author examines the regulatory environment at the federal level, which has largely enabled misclassification as well as attempts by state agencies to adopt more aggressive enforcement policies.
Terri Gerstein. 8/27/2020. Workers’ rights protection and enforcement by state attorneys general. Economic Policy Institute. Economic Policy Institute.Abstract

Key takeaways

  • State attorneys general (AGs) have been playing a key role in enforcing and protecting workers’ rights.
  • State AGs have dramatically increased their involvement in this area in recent years; this report documents these activities in detail. Here are just a few examples of the many ways state AGs are protecting workers’ rights:
    • Helping workers attain safer working conditions during the pandemic
    • Recovering stolen wages through civil lawsuits and criminal prosecutions
    • Fighting misclassification of workers as independent contractors instead of employees
    • Cracking down on companies’ use of noncompete and no-poach agreements, which limit job mobility
    • Proposing and supporting legislation to safeguard workers’ rights
  • State AG offices engaged in workers’ rights issues should continue to build on the work they’re doing, and more state AGs should join the effort.
  • State legislatures should grant explicit authority to state attorneys general to enforce workplace rights laws and should ideally also fund positions for enforcement.
  • Worker organizations and advocates should seek to build relationships and work with their state AGs to safeguard workers’ rights in their states.
Protecting Workers through Publicity: Promoting Workplace Law Compliance through Strategic Communication
Terri Gerstein and Tanya Goldman. 6/30/2020. Protecting Workers through Publicity: Promoting Workplace Law Compliance through Strategic Communication. LWP and Clasp.Abstract

The Center for Law and Social Policy (CLASP) and the Harvard Law School Labor and Worklife Program have released a new toolkit on strategic communication, a critical component of driving compliance with workplace laws. Communicating about agency enforcement, which is critical to informing the public about their rights and responsibilities, is one of the most effective ways to deter violations. These goals are more important than ever as labor enforcement agencies strive to protect workers during the coronavirus pandemic.

This resource addresses why agencies should use media and other means of strategic communications and offers suggestions on how to do so. In a moment of reduced state budgets and limited resources, media coverage and strategic communications are a cost-effective way for agencies to multiply their impact and inform workers of their rights.

Download report

Worker Power and Voice in the Pandemic Response
Benjamin. Sachs and Sharon Block. 6/2020. Worker Power and Voice in the Pandemic Response. Clean Slate for Worker Power. Publisher's Version
Why the Pandemic Paves the Way for Labor Reform
Sharon Block and BENJAMIN SACHS. 5/20/2020. “Why the Pandemic Paves the Way for Labor Reform”.
Jane Flanagan, Terri Gerstein, and PATRICIA SMITH. 5/15/2020. How States and Localities Can Protect Workplace Safety and Health . NELP and LWP.
Terri Gerstein and Jane Flanagan. 4/28/2020. State and local labor standards enforcement during COVID-19. Washington DC: Economic Policy Institute. Publisher's Version
Construction Workers and the Gig Economy
Mark Erlich. 4/2020. “Construction Workers and the Gig Economy.” Dissent Magazine. Download article
Clean Slate for Worker Power: Building a Just Economy and Democracy clean slate for EXECUTIVE SUMMARY
BENJAMIN SACHS and Sharon Block. 1/23/2020. Clean Slate for Worker Power: Building a Just Economy and Democracy clean slate for EXECUTIVE SUMMARY. Clean Slate for Worker Power. Publisher's Version
Clean Slate for Worker Power: Building a Just Economy and Democracy
Benjamin I. Sachs and Sharon Block. 1/23/2020. Clean Slate for Worker Power: Building a Just Economy and Democracy. Clean Slate for Worker Power. Publisher's Version
Larry Beeferman. 1/14/2020. U.S. Investors’ Understanding of Workplace Policies and Practices and the Need to Change Them: Progress and Future Efforts. Publisher's VersionAbstract
There have been increasing efforts by investors to spur disclosure of companies' workplace-related policies and practices. This paper provides a "case of first impression" assessment of the state of the field of such efforts among U.S. investors. Part I describes attributes of some of the important actors - investors and investor-related organizations - in the field, including their goals, their particular focus on workplace-related issues, and the standards/frameworks/criteria for what should be disclosed relevant to such an analysis. Part II offers a characterization of the success of efforts in the field to date and details challenges posed to making further progress. Part III provides suggestions and ideas about how those challenges might be might.
Lisa XU and Mark Erlich. 12/15/2019. Economic Consequences of Misclassification in the State of Washington. Labor and Worklife Program. Cambridge: Harvard law School. Publisher's Version