미국 노동시장 중개기구 규제: 역사적 형성, 현재의 과제
Regulating the Labor Market Intermediaries: Historical Formation and Present Tasks
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Over the last quarter century, a profound restructuring of U.S. labor market has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned and precarious short-term employment relationship emerged. This trend has moved ‘non-standard- employment arrangements’ into the core economy. The profit-driven Labor Market Intermediaries, especially temp industry, symbolize the degradation of work. By increasing the flexibility of the labor supply, the temp industry have contributed to downward pressures on wages, decreased employment security, and limited upward mobility for all workers. Therefore, the regulation of the commercial LMIs is essential to recity the second-class status of the workforce deployed by temp agencies. However, with few exceptions, federal and state work laws, classify and treat for-profit LMIS as “employers” and as a result, has left both the market-mediating and job-brokering functions of profit-driven LMIS unregulated.
Abstract
Over the last quarter century, a profound restructuring of U.S. labor market has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned and precarious short-term employment relationship emerged. This trend has moved ‘non-standard- employment arrangements’ into the core economy. The profit-driven Labor Market Intermediaries, especially temp industry, symbolize the degradation of work. By increasing the flexibility of the labor supply, the temp industry have contributed to downward pressures on wages, decreased employment security, and limited upward mobility for all workers. Therefore, the regulation of the commercial LMIs is essential to recity the second-class status of the workforce deployed by temp agencies. However, with few exceptions, federal and state work laws, classify and treat for-profit LMIS as “employers” and as a result, has left both the market-mediating and job-brokering functions of profit-driven LMIS unregulated.
참고문헌 (37)
- 김진희, "미국 인민전선의 흥망, 1936-1948", 서양사론, (109), pp.135~171 (2011), 한국서양사학회
- 김진희, "이중적 연방주의'에서 '협조적 연방주의'로: 1930년대 미국 노동법의 변화를 통해 살펴 본 연방주의의 변천의 의미와 한계", 서양사론, (89), pp.213~244 (2006), 한국서양사학회
- 김진희, "뉴딜 단체협상법의 생성과 변형:와그너 법에서 태프트-하틀리 법까지", 미국학 논집, 38(3), pp.29~62 (2006), 한국아메리카학회
- Andrews, John B., "Fee-Charging Employment Agencies Must Be Effectively Regulated", American Labor Legislation Review, 19, pp.367~370 (1929)
- Autor, David, "Outsourcing at Will: The Contribution of Unjust Dismissal Doctrine to the Growth of Employment Outsourcing", Journal of Law and Economy, 21(1), pp.1~42 (2003)
- Bernstein, Irving, "Chicago : Haymarket Books, c1969, 2010" (2010), Haymarket Books
- Conlin, Michelle, "The Disposable Worker", Business Week, ~ (2010)
- "The Jobless Recovery Has Begun" (2009)[URL]
- Dey, Matthew, "Manufacturers’ Outsourcing to Staffing Services", Industrial & Labor Relations Review, 65(3), pp.533~559 (2012)
- "Division of Labor Standards, U.S. Department of Labor, In Private Employment Agencies: Laws Relating to Their Regulation" (1943), GPO
- Dubofsky, Melvyn, "We Shall Be All: A History of the Industrial Workers of the World" (2000), University of Illinois Press
- Dubofsky, Melvyn, "The State and Labor in Modern American" (1994), University of North Carolina Press
- Foner, Philip, "History of the Labor Movement in the United States 4" (1965), International Publisher
- Freeman, Harris, "Taming the Employment Sharks: The Case for Regulating Profit-Driven Labor Market Intermediaries in High Mobility Labor Markets", Employee Rights and Employment Policy Journal, 13, pp.101~176 (2009)
- Gonos, George, "Fee-Splitting Revisited: Concealing Surplus Value in the Temporary Employment Relationship", Politics and Society, 29(4), pp.596~598 (2001)
- Gonos, George, "The Contest over ‘Employer’ Status in the Post-War United States: The Case of Temporary Help Firms", Law Society Review, 31(1), pp.81~110 (1997)
- Hatton, Erin, "Temp Economy" (2011), Temple University Press
- Jaasveld, Danielle D. van, "Overcoming Obstacles to Worker Representation: Insights from the Temporary Agency Workforce", New York Law School Law Review, 50, pp.355~384 (2006)
- Leiserson, William M, "Washington State Employment Agency Referendum", Survey, 33, pp.87~ (1914)
- Luo, Tian, "The Expanding Role of Temporary Help Services from 1990 to 2008", Monthly Labor Review, pp.3~16 (2010)
- Mel, Marian L., "Private Employment Agencies: Laws Relating to their Regulation As of September 1, 1943" (1943), GPO
- 2007, "The State of Working America 2006", pp.2007, Mishel, Lawrence
- Mongtgomery, David, "The Fall of the House of the Labor: The Workplace, the State, and American Labor Activism, 1865-1925" (1987), Cambridge University Press
- "A Comparison of Day Labor Statutes as of 2005" (2005)[URL]
- Peck, Jamie, "Temporary Downturn? Temporary Staffing in the Recession and the Jobless Recovery", Focus, 23(3), pp.35~41 (2005)
- Peck, Jamie, "The Temporary Staffing Industry: Growth Imperatives and Limits to Contingency", Economic Geography, 78(4), pp.463~493 (2002)
- Peck, Jamie, "Temped Out? Industry Rhetoric, Labor Regulation, and Economic Restructuring in the Temporary Staffing Business", Economic and Industrial Democracy, 23(2), pp.143~175 (2002)
- Peck, Jamie, "The Business of Contingent Work: Growth and Restructuring in Chicago's Temporary Employment Industry", Work, Employment and Society, 12(4), pp.655~674 (1998)
- Rogers, Jackie Krasas, "Temps: The Many Faces of the Changing Workplace" (2000), ILR Press
- Ross, Philip, "Origin of the Hiring Hall in Construction", Industrial Relations, 11(3), pp.366~379 (1972)
- Stone, Katherine V. W, "From Widgets to Digits: Employment Regulations for the Changing Workplace" (2004), Cambridge University Press
- "County Business Patterns (NAICS 56132)" (2008)[URL]
- "Industrial Relations: Final Report and Testimony submitted to Congress by the Commission on Industrial Relations Created by the act of August 23, 1912" (1912)[URL]
- "U.S. Commission on Industrial Relations", Industrial Relations, 168~
- Virginia L. duRivage, "Making Labor Law Work for Part-Time and Contingent Workers, In Contingent Work: American Employment Relations in Transition", pp.263~280 (1998), ILR Press
- "Peos and Payrolling: A History of Problems and a Future Without Benefits" (2001)[URL]