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Powers and Practices in Labor Standards Enforcement (WP-24-30)

Daniel Galvin, Hana Shepherd, Jenn Round, Jake Barnes, and Janice Fine

Wage theft remains a pervasive problem internationally and within the United States. In response, worker advocates have sought stronger laws to deter violations and promote compliance. Yet formal authority alone may be insufficient; labor departments often fail to use the full extent of their legal authority to conduct vigorous enforcement. This raises two empirical questions: to what extent do agencies deploy available enforcement tools, and with what consequences? Drawing on a novel survey of U.S. state labor departments, new measures of statutory strength in wage-hour laws, and state-level estimates of minimum wage violations, the researchers find widespread nonuse of available powers. This misalignment of powers and practices has substantive consequences: the predicted probability of minimum wage violation falls sharply as strategic enforcement practices increase, conditional on strong labor laws. However, this effect shows no measurable impact for some of the most vulnerable workers, suggesting limits in reaching those at greatest risk. The researchers conclude by outlining a forward-looking research agenda on the (mis)alignment of powers and practices.

Daniel Galvin, Professor of Political Science and IPR Fellow, Northwestern University

Hana Shepherd, Associate Professor of Sociology, Rutgers University

Jenn Round, Director of Beyond the Bill, Workplace Justice Lab at Rutgers University

Jake Barnes, Doctoral Student, Rutgers University

Janice Fine, Professor of Labor Studies and Employment Relations, Rutgers University

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