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Bad Actor

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Eigen, Zev J. – One of the best experts on this subject based on the ideXlab platform.

  • WHEN TIMEKEEPING SOFTWARE UNDERMINES COMPLIANCE
    Yale Law School Legal Scholarship Repository, 2018
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft

  • When Timekeeping Software Undermines Compliance
    Reading Room, 2017
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft. We also examine gaps in the Fair Labor Standards Act\u27s recordkeeping rules – unchanged since the 1980s – that have created a regulatory vacuum in which timekeeping software has developed. Finally, we propose a series of reforms to those recordkeeping requirements that would better regulate timekeeping data and software systems and encourage wage and hour law compliance across workplaces

Alexander, Charlotte S. – One of the best experts on this subject based on the ideXlab platform.

  • WHEN TIMEKEEPING SOFTWARE UNDERMINES COMPLIANCE
    Yale Law School Legal Scholarship Repository, 2018
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft

  • When Timekeeping Software Undermines Compliance
    Reading Room, 2017
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft. We also examine gaps in the Fair Labor Standards Act\u27s recordkeeping rules – unchanged since the 1980s – that have created a regulatory vacuum in which timekeeping software has developed. Finally, we propose a series of reforms to those recordkeeping requirements that would better regulate timekeeping data and software systems and encourage wage and hour law compliance across workplaces

  • Transparency and Transmission: Theorizing Information\u27s Role in Regulatory and Market Responses to Workplace Problems
    Reading Room, 2015
    Co-Authors: Alexander, Charlotte S.

    Abstract:

    This Essay develops a comprehensive theory of the role of information in regulatory and market responses to workplace problems. Existing legal and economic scholarship has focused narrowly on transparency mandates that reveal facts about the hidden conditions of work-for example, the health risks to which workers are exposed without their knowledge, or undisclosed pay differentials between men and women. Scholars and policymakers assume that when employers are required to reveal this information, regulators, outside interest groups, and workers themselves will penalize Bad Actor employers via the market, regulation, or rights-enforcing litigation. However, information about the hidden conditions of work is not self-actuating. Regulatory and market responses depend on additional layers of information-information about context, process, incentives, and the probability and magnitude of other Actors\u27 regulatory and market responses-all of which have been largely ignored in the literature. Accordingly, this Essay offers a typology of the information that may support rights-enforcing and market responses to workplace problems. It then surveys existing transparency mandates to determine the extent to which each type of information is currently made available in the workplace. The Essay concludes by mapping out topics for further research, including the First Amendment implications of drafting employers into the role of information transmitters and the empirical question of how best to design workplace transparency mandates to accomplish their goals

Tippe Elizabeth – One of the best experts on this subject based on the ideXlab platform.

  • WHEN TIMEKEEPING SOFTWARE UNDERMINES COMPLIANCE
    Yale Law School Legal Scholarship Repository, 2018
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft

  • When Timekeeping Software Undermines Compliance
    Reading Room, 2017
    Co-Authors: Tippe Elizabeth, Alexander, Charlotte S., Eigen, Zev J.

    Abstract:

    Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees\u27 hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing Bad Actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees\u27 paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly used timekeeping programs to expose the ways in which software innovation can erode compliance. Drawing on insights from the field of behavioral compliance, we explain how the software presents subtle situational cues that can encourage and legitimize wage theft. We also examine gaps in the Fair Labor Standards Act\u27s recordkeeping rules – unchanged since the 1980s – that have created a regulatory vacuum in which timekeeping software has developed. Finally, we propose a series of reforms to those recordkeeping requirements that would better regulate timekeeping data and software systems and encourage wage and hour law compliance across workplaces