State and Local Enforcement Project

The role of states and localities in protecting workers’ rights has never been more important. New officials and agencies are engaging in labor standards enforcement, new laws are being passed and new enforcement strategies are being tested. The Enforcement Project, funded in part by the Public Welfare Foundation, fills a critical need in examining and strengthening innovative state and local actions and initiatives. 

The Enforcement Project works with government agencies and officials engaged in enforcing workplace laws. Among other things, the project:

  • Collaborates with state attorneys general, convening a network of offices interested in protecting the working people of their states;
  • Seeks to develop the potential role of district attorneys in enforcing workplace laws; and
  •  Provides technical assistance to state and local government labor agencies, as well as to worker organizations and advocacy groups seeking to collaborate more effectively with government.
  • Conducts research on matters affecting low-wage workers, and potential ways states and municipalities can address their needs.

Enforcement Project in the News

CNN Business Perspectives logo

Gig companies want to change the rules about who qualifies as an employee. Here's why they're wrong

October 15, 2020

Opinion by Terri Gerstein
for CNN Business Perspectives

Gig companies are urging Congress and state lawmakers to create a new category of worker, without the full protections that employees receive. But like all other businesses, gig companies should be required to treat their workers as employees, not as independent contractors or any other designation.

Policy decisions should not be made on the basis of a few large companies' self-interest. Rather, we should act based on what's best for society, which includes ensuring decent, dignified treatment for the people whose work makes our country run. That necessarily involves placing some obligations on companies.

bloomberg Law logo

McDonald’s Legal Boss Jerry Krulewitch Retires

October 15, 2020

Ruiqi Chen
Bloomberg Law

McDonald’s in recent years has become one of the highest profile corporations battling over the question of joint employment, or whether a franchise company is legally responsible as an employer of workers at restaurants owned by franchisees.

“The whole concept of trying to impute a perceived wrong on the part of a franchise to the main entity, or vice versa, is really problematic,” said Jonathan Segal, a partner at Duane Morris in the employment, labor, benefits and immigration practice group. He said that efforts to classify McDonald’s as a joint employer eliminated the nature of a franchise system, which gives franchisees day-to-day control of operations.

“To me, it’s clear that in many instances, they should be found a joint employer,” Gerstein said. “But certain courts have allowed the franchise model to be a way for companies to evade the responsibility for ensuring a franchisee complies with the law.”... Read more about McDonald’s Legal Boss Jerry Krulewitch Retires

NBC News Logo

Labor Day is a time to recognize all unions do — to help health care, education, even marriage

September 7, 2020

By Terri Gerstein
NBC News

On this Labor Day of 2020, remember the full picture of what unions do. They serve their members, yes, but they bring many other benefits, and they’re essential for a healthy, thriving democracy for all of us. In addition to helping the workers who are their members, unions bring many other benefits to the general public, like increasing voter turnout, decreased racial resentment among white union members, better patient outcomes in hospitals with unionized nurses, and reduced income inequality. 

 

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Enforcement Project - Publications

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

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Enforcement Project Events

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