Ratcheting Up Workplace Protections
By David Weil, 4.1.19. Originally appeared in the University of Pennsylvania Regulatory Review
State legislatures and agencies have an important role to play in improving workplaces for workers.
Louis Brandeis famously wrote, “it is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”
But Brandeis also commented, in a famous dissenting opinion concerning competition between states and regulation, that “the race was one not of diligence, but of laxity.”
In the current world of workplace regulation, where the federal government has stepped back from the proactive role it played during the Obama Administration, an important question to ask is which of Brandeis’ views characterizes the relationship between federal and state workplace policy today: laboratory of democracy, or race to the bottom?
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by Noam Scheiber, The New York Times, 4.29.19. Read the article.
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