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27 Comp. Lab. L. & Pol'y. J. 59 (2005-2006)
Why Complain-Complaints, Compliance, and the Problem of Enforcement in the U.S. Workplace

handle is hein.journals/cllpj27 and id is 73 raw text is: WHY COMPLAIN? COMPLAINTS,
COMPLIANCE, AND THE PROBLEM OF
ENFORCEMENT IN THE U.S. WORKPLACE
David Weilt and Amanda Pylestt
I. WHY WE SHOULD CARE ABOUT COMPLAINTS
The conventional image of government regulation of the
workplace is of inspectors sent out to factories, construction sites, and
service establishments, seeking to ensure that employers comply with
promulgated standards. This image fits the statutory framework of
many federal workplace standards: government agencies like the
Occupational Safety and Health Administration (OSHA) or the Wage
and Hour Division (WHD) of the U.S. Department of Labor seek to
increase compliance with standards by dispatching their inspectors
across different industries and geographic areas. However, critical to
that enforcement process, agency staff are deployed either through
the planned inspection activities of agencies or in response to
complaints lodged by workers under those statutes. Because of
limitations in available resources in many agencies, and the often
politicized environment surrounding regulatory decisions, complaint
activities have become in many cases the primary driver of
enforcement activity. For example, in 2004, complaint inspections
constituted about 78% of all inspections undertaken by the WHD, the
agency within the U.S. Department of Labor in charge of enforcing
t Associate Professor of Economics, School of Management, Boston University, and
Research Fellow, Taubman Center, John F. Kennedy School of Government, Harvard
University. This paper contains research that has been partially funded by a contract from the
U.S. Department of Labor and Mathematica Policy Research, under contract No. GS10FOO50L,
Order No. DOLQ049601212. The findings and conclusions do not necessarily reflect the views
or policies of the U.S. Department of Labor, Mathematica Policy Research, or any specific
agency mentioned in the article. We are grateful to Libby Hendrix of the Wage and Hour
Division for her insights on issues related to this paper.
tt Program Analyst, School of Management, Boston University.

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