employment law, corporate governance, labor law, employment representation
Employers are saddled with a dizzying array of responsibilities to their employees. Meant to advance a wide array of workplace policies, these demands have saddled employment with the burden of numerous social ends. However, that system has increasingly come under strain, as companies seek to shed employment relationships and workers lose important protections when terminated. In this Article, we propose that employers and employees should be given greater flexibility with a move from mandates to governance. Many of the employment protections required from employers stem from employees’ lack of organizational power. The imbalance is best addressed by providing workers with governance rights within the firm. In exchange for these governance rights, governments can lift or relax many employment mandates. In addition, certain responsibilities currently assigned to employers will be lifted and placed on the larger society—where they would be more appropriately carried. This rebalancing of the employment relationship will lead to a more economically secure and empowered populace while at the same time freeing businesses to better pursue their entrepreneurial endeavors.
McDonnell, Brett H. and Bodie, Matthew T., From Mandates to Governance: Restructuring the Employment Relationship (April 5, 2021). Maryland Law Review (Forthcoming 2021), Saint Louis U. Legal Studies Research Paper No. 2021-15.