Research on the Growth of Unregulated Work

Low-wage labor markets in the United States have undergone substantial changes during the last decade. In industries ranging from construction and food manufacturing to grocery stores, restaurants, janitorial services and home health care, new forms of work organization have generated labor practices that are effectively beyond the reach of government regulation - what we call "unregulated work." In these jobs, workers routinely face violation of minimum wage and overtime laws, unsafe working conditions, discrimination, and retaliation for speaking up or trying to organize.

Currently, public policy is not informed by a clear understanding of unregulated work and the factors driving its growth. But without adequate enforcement of labor and employment laws, these forms of workplace exploitation will continue to expand.

In response, the National Employment Law Project is partnering with other researchers to document the growth of workplace violations. Using a mix of research methods, we ask the following questions:

  • How common are workplace violations, such as the percent of workers earning less than the minimum wage or not receiving overtime pay? 

  • Which industries and occupations have high concentrations of unregulated work? What are the economic and institutional forces driving these work practices? 

  • Who are the workers most affected? Are they trapped in unregulated jobs, or do pathways to better jobs exist? And who are the intermediaries in this part of the labor market?  

Phase I:  Qualitative Research in New York City

 

From 2003 to 2006, more than a dozen researchers conducted intensive field research in New York City to better understand unregulated work, including 330 interviews with employers, workers, legal services providers, community groups and government officials, as well as secondary analysis of industry and government datasets.  See our in-depth policy report, Unregulated Work in the Global City: Employment and Labor Law Violations in New York City, which includes detailed findings, policy recommendations, and an appendix of 13 industry profiles.  Academic publications from this research include:

Phase II:  Worker Surveys in New York City, Chicago and Los Angeles


The National Employment Law Project is collaborating with the Center for Urban Economic Development at the University of Illinois-Chicago and the Institute for Research on Labor and Employment at UCLA on an ambitious worker survey that will estimate, for the first time, the prevalence of key workplace violations in major urban labor markets. Using a methodology developed by Cornell University statistician Douglas Heckathorn to sample hard-to-reach populations, the survey is currently being fielded in all three cities with more than 3,500 workers.

See also NELP's policy initiatives on improving enforcement of employment and labor laws, described on Enforcement of Workplace Standards.

For more information on our work in this area, please contact Annette Bernhardt, abernhardt@nelp.org.

Other key resources: