Legal Avoidance and the Restructuring of Work
The Structuring of Work in Organizations (Research in the Sociology of Organizations, Volume 47)
Lisa E. Cohen, M. Diane Burton, & Michael Lounsbury
Contribution to Book
This essay posits that legal avoidance - employers' search for forms of employment to which labor and employment laws do not apply - is an important driver of the restructuring of work. It examines three examples of restructuring that enable employers to avoid legal liability and compliance costs: the classification of workers as independent contractors; the use of part-time and variable-schedule work; and employers' deskilling of jobs and reliance on vulnerable workers. None of these strategies is itself unlawful, but their impact is to limit workers' legal protections and weaken the law itself. Employers may also experience unintended consequences of restructuring.
Charlotte S. Alexander, Legal Avoidance and the Restructuring of Work, in The Structuring of Work Organizations (Research in the Sociology of Organizations, Volume 47) 311 (Lisa E. Cohen, M. Diane Burton, & Michael Lounsbury, eds. 2016).
Institutional Repository Citation
Alexander, Charlotte S., "Legal Avoidance and the Restructuring of Work" (2016). Faculty Publications By Year. 2617.