Date of Award

10-10-2014

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Keywords

Law, Labor relations, Economics, Labor, Labour Law, Triangular employment, Staffing services, Temporary help, Professional employer services, Regulatory differentials

First Advisor

Tucker, Eric M.

Abstract

This thesis is concerned with understanding the relationship between labour law and triangular employment growth, and particularly in "staffing services" contexts. A review of alternative explanations for growth in triangular employment within three theoretical paradigm (neoclassical, institutionalist, and critical) illustrates the theoretical space for conceiving of a relationship between the particularities of labour law and triangular employment growth. To this end, the thesis develops the concept of a regulatory differential, or ways in which a legal regime may produce differential regulatory effects as between direct and triangular forms of employment. A typology of regulatory differentials is outlined. Further, a discussion of the relationship between these differentials and employer-status rules is provided, and it is suggested that the logic of the framework may helpfully inform analysis of triangular employment growth within a given jurisdiction, as well as comparative analysis of this phenomenon. The theoretical framework is then applied towards examining diverging growth rates in triangular employment as between Canada and the U.S. Legal analysis examining two key sub-fields of labour suggests that the presence (and expansion) of key regulatory differentials in the U.S., absent in Canada, may help explain the observed patterns of triangular employment growth in these countries.

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