Wage theft – the nonpayment of employees’ wages and benefits by employers – is a violation of national, state, and local labour standards, yet it is prevalent in the low-wage labour market of the United States. Building upon the recent increase in attention to the wage theft problem through advocacy, policy, and research efforts, we contextualise the problem within the country’s deregulated neoliberal labour market. We then propose a conceptual framework to demonstrate how the problem occurs when the price of labour standards violation is low due to lax enforcement, and there is a high price of compliance due to ambiguous and increasingly outdated labour standards. We further evaluate extant federal, state, and local policy initiatives designed to curb wage theft by modernising outdated labour standards and strengthening their enforcement. Finally, we propose future research agendas, such as examining the effects of fissured employment relationships and the enforcement efforts of state and local anti-wage theft laws, to guide the development of effective policy interventions.

This article has three objectives. First, we examine what is meant by minimum labour standards, including the array of different standards and their procedural and substantive elements, in differing or even diverging regulatory jurisdictions. Examination of different areas of labour standards provides instruction in the dynamics of these protections and we give illustrative examples, from several countries. The second objective is to highlight the importance of enforcement of standards. We do this through a brief historical overview of the emergence of labour standards as well as of how the recent rise of neo-liberalism has shaped current debates over their development and application. The third element of the analysis is an examination of some contemporary debates, pointing to areas requiring further study as well as to positive examples both in research and in policy/regulation.

Casual employment in Australia is more prevalent than temporary work in most European nations, and casual employees have fewer rights and entitlements than comparable temporary employment categories in Europe. Yet, despite Australia’s long history of industrial activism and political representation of labour, there are fewer examples of social or political movements in Australia resisting precarious work than in Europe. This article provides a partial explanation of this puzzling lack of social resistance to casual employment. It begins from the idea, developed by the Frankfurt School tradition of critical social theory, that economic systems can create or sustain norms that conceal their more harmful social effects from public view. It then uses conceptual categories drawn from critical social theory to show how individual and social costs of casual employment have been overlooked or ‘reified’ in the workplace and in public political discourse. The study is based on existing qualitative research and on a new analysis of attitudes to work and economic organisation in Australian public discourse.

There exists a gap at the intersection of Australia’s immigration and employment laws that has serious implications for employees, employers and policy. Australia is host to a large and growing population of immigrants working without authorisation, described as the most significant problem facing Australian immigration authorities. These undocumented workers are often exploited by employers through wage theft, sexual harassment and unsafe working conditions. Yet, they are not entitled to protection under Australia’s employment laws. In addition to the implications for workers, there are broader policy concerns arising from the current system of regulation that effectively rewards employers who are equally in breach of immigration law. Left uncorrected, current regulation may in fact be encouraging a ‘race to the bottom’ for employment standards and increasing undocumented immigrant work. As well as highlighting the inadequacy of the existing regulatory framework, potential avenues for addressing this are explored.