Who is an Employer in the Triangular Employment Relationship? Sorting Through the Definitional Confusion

Employers in the United States are increasingly utilizing staffing firms, employee leasing firms, temporary employment agencies and other third parties to help manage contingent labor in their organizations. The use of such triangular relationships creates complexities in the rights and responsibilities of each party, partially due to the variation in how U.S. employment law defines employers and employees across statutes. We analyze the various definitions of employee and employer across key U.S. employment statutes (e.g., Civil Rights Act of 1964, ADA, FMLA, FLSA), tests used by the courts in their decision making, and IRS regulations and evaluate the impact of these definitions on the use of contingent employees in triangular relationships. We review existing case law relevant to discrimination and non-discrimination statutes and identify key areas of risk and responsibility for both the individuals employed as contingent workers and firms that use contingent labor. Finally, we offer recommendations for strategically managing contingent labor in the current legal context.     

Firm Recruitment Behaviour: Sequential or Non‐sequential Search?

In the extensive job search literature, studies assume either sequential or non‐sequential search. This article introduces a novel method to test the hypothesis that firms search sequentially based on the relationship between the number of rejected job applicants and the number of filled vacancies. We distinguish between ten different search methods. For most search methods, including methods that rely on social networks and temporary help agencies, we find that sequential search cannot be rejected. However, when firms use advertising or public/private employment agencies, sequential search is rejected. Hence, we find that both forms of search are relevant for our understanding of the labour market. Further, the form of search is closely related to the search method used.     

The financing of apprenticeship training in the light of labor market regulations

In this paper we analyze the training behavior of firms in Germany and Switzerland — two countries with a comparable apprenticeship system but strong differences in the regulation of their respective labor markets. We make use of two representative firm-level surveys on the provision of apprenticeship training to analyze differences in the costs and benefits of training and the firm's training decision. Our results suggest that firms are more likely to make a substantial (short-term) net investment in apprenticeship training in the presence of strong employment protection laws.     

Unhappy with well-being research in the temporary work context: mapping review and research agenda

Abstract

While temporary workers’ specific employment circumstances strongly suggest negative consequences for their well-being, research on temporary workers’ well-being shows serious inconsistencies. To identify possible reasons, we provide an overview of previous well-being research in the temporary work context. The mapping review shows that inconsistencies are caused both by the use of the umbrella term temporary work to describe a wider range of employment forms with divergent characteristics and the use of the buzzword well-being for various well-being indicators. In addition, the portfolio of employment-specific antecedents used is insufficient to gain a comprehensive view of temporary workers’ well-being situation. Based on these findings, we propose an agenda for future well-being research in the temporary work context. A first key implication is that analyses considering country-specific circumstances and employment-specific characteristics of particular atypical employment situations are needed. Secondly, a more comprehensive portfolio of employment-specific and individual antecedents would help with gaining deeper insights into temporary workers’ well-being situation. In addition, effects of well-being on attitudinal and behavioral outcomes should be analyzed to demonstrate the return on investment of organizations’ well-being enhancing activities. Finally, well-being oriented HR practices and their implementation in the temporary work context are part of the proposed research agenda.     

Union threat and non-union employment: A natural experiment on the use of temporary employment in British firms

This paper presents the first empirical evidence on the effect of the threat of unionisation on the use of a predominantly non-union type of employment, i.e. temporary employment. The identification strategy exploits an exogenous variation in union threat induced in the UK by new legislation enabling unions to obtain recognition even against the will of the management. The analysis finds no evidence of an effect on the probability that a firm employs fixed-term workers, and some weak evidence of a negative effect on the probability of using agency workers. Furthermore, estimates of the effect on the share of temporary employment are negative and statistically insignificant. Overall, therefore, there is no support for the hypothesis that firms under the threat of unionisation are more likely to use this type of non-union employment.     

Financial participation and recruitment and retention: causes and consequences

Using a sample of over 5000 establishments in Germany, we analyze the antecedents and effects of profit sharing (PS) and employee share ownership (ESO) with respect to the ability of firms to meet their recruitment and retention objectives and to achieve employment growth. We draw on both economic and behavioral perspectives to argue that firms that adopt PS and ESO plans do so in order to attract and retain employees. Using logistic regression and a propensity score matching technique, we find that firms that face higher recruitment problems, and those that have greater employment growth objectives, are more likely to use ESO and PS. Unlike ESO, PS enhances firm-level employment growth. However, neither ESO nor PS help firms to fully resolve recruitment and retention problems.     

What Was Driving the 1982–88 Boom In Temporary Employment?

Abstract . The level of temporary help employment rose two-and-a-half fold between 1982 and 1988, was quite variable and had a disproportionately larger effect on employment flows. One conventional explanation suggests that changing demographic composition of the labor force in favor of groups preferring nontraditional employment arrangements fueled the temporary help boom. Demand-side views emphasize the volatility in labor demand, intensified price competition and the absence of employee benefit contributions. Empirical estimation confirms that demand-side forces predominate. Yet no labor supply variable is found to be positively associated with the extent of temporary employment. Cyclical fluctuation in output, intensified foreign competition and the magnitude of nonwage labor costs are all positively associated with temporary employment levels. The diminishing bargaining power of labor unions allows employers to exploit the labor cost savings of temporary hires, and the extent of paid time-off and the lack of flexibility in weekly hours of work play a weak role. The findings suggest why temporary job growth accelerated in the 1980s, as more firms employed a “core-periphery” human resource strategy. Public policy should adopt measures that attempt to limit the creation of temporary jobs to a level that accommodates the worker need for flexible annual work schedules.     

Two faces of corporate lobbying: Evidence from the pharmaceutical industry

In this study, we examine how political connections increase firms’ innovation performance. By examining firm-level lobbying activities, we find that political connections lead to a greater number of medical breakthroughs among pharmaceutical firms in our sample. We then examine the underlying ways that political connections enhance innovation among medical firms. Using hand-collected data on government subsidies, we find that politically connected firms have a higher chance of receiving subsidies from federal, state, or local government agencies. These government subsidies enhance medical innovation by insulating managers from short-term threats and mitigate their career concerns by creating a “failure tolerant” environment. Overall, we show that connections between firms and politicians come with increased innovation outcomes.     

How do firm characteristics affect behavioural additionalities of public R&D subsidies? Evidence for the Austrian transport sector

Interest of STI policies to influence the innovation behaviour of firms has been increased considerably. This gives rise to the notion of behavioural additionality, broadening traditional evaluation concepts of input and output additionality. Though there is empirical work measuring behavioural additionalities, we know little about what role distinct firm characteristics play for their occurrence. The objective is to estimate how distinct firm characteristics influence the realisation of behavioural additionalities. We use survey data on 155 firms, considering the behavioural additionalities stimulated by the Austrian R&D funding scheme in the field of intelligent transport systems in 2006. We focus on three different forms of behavioural additionality—project additionality, scale additionality and cooperation additionality—and employ binary regression models to address this question. Results indicate that R&D related firm characteristics significantly affect the realisation of behavioural additionality. R&D intensive firms are less likely to substantiate behavioural additionalities, while small, young and technologically specialised firms more likely realise behavioural additionalities. From a policy perspective, it may be concluded that direct R&D promotion of firms with a high R&D intensity may be misallocated. Attention of public support should be shifted to smaller, technologically specialised firms with lower R&D experience. The findings deliver important insights into interactions of public R&D support and R&D behaviour of firms operating in the Austrian transport sector, bearing significant implications for future policy designs.     

Volatile multinationals? Evidence from the labor demand of German firms

Does more FDI make the world a riskier place for workers? We analyze whether an increase in multinational firms' activities is associated with an increase in firm-level employment volatility. We use a firm-level dataset for Germany which allows us to distinguish between purely domestic firms, exporters, domestic multinationals and foreign multinationals. Employment in multinationals could be more volatile than employment in domestic firms if multinationals were facing more volatile demand or if they react more to aggregate developments. We therefore decompose the labor demand of firms into their reaction and their exposure to aggregate developments. We find no above-average wage and output elasticities for multinational firms.     

The relation between key events in the development phase and the financial structure of NTBFs in the software sector

The study is based on a questionnaire survey of 117 Irish software firms. It finds no systematic relation between product lead time and acquisition of first external funds in new technology-based firms (NTBFs). Contrary to the stage model’s predictions, these firms are just as likely to secure finance in advance of producing their first product beta as they are to receive funds subsequently. Product lead times in this sector are short. Firms produced their first product beta in a median of 12 months and acquire their first external funds a median of 3 months later. The timing of these two events, however, is not significantly different. There is a significant difference in the mean time to receipt of consulting revenues and the development of first beta, suggesting that most software product companies use consulting revenues to fund product development.     

Financial bootstrapping and venture development in the software industry

Access to finance has been identified as a significant constraint on the development of technology-based businesses. Although important, institutional venture capital and business angel finance are used by only a small proportion of new and growing ventures. The role of bootstrapping – defined here as access to resources not owned or controlled by the entrepreneur – has been largely overlooked in studies of small firm financing. This paper redresses this omission by analysing the role and importance of bootstrapping in product development and business development in the independently-owned software industry. Results from two regions of the UK – Northern Ireland and South East England – are compared with equivalent data from the USA (Massachusetts). Overall, bootstrapping techniques are less extensively used in the Northern Ireland industry than in South East England, and in both regions bootstrapping is less common than in Massachusetts. This may account for the smaller employment size, growth profile and stronger service/consulting orientation of these firms. Moreover, there appear to be considerable variations in the use of bootstrapping. Larger firms tend to make more use of bootstrapping for product development, and consider it more important than do smaller firms, who more highly value business development-related bootstrapping. Small firms are also more likely to use and value cost-reducing bootstrapping techniques, whereas larger firms make more use of the exploitation of value-chain based relationships.     

Signaling,selection and transition: empirical evidence on stepping-stones and vicious cycles in temporary agency work

Despite the growing importance of temporary work agencies, the benefits they bring to temporary agency employees (TAEs) are still disputed, and empirical findings are, by and large, mixed. Using a unique dataset comprising almost 12,000 TAEs on their first and second temporary work assignments, this work aims at disentangling the consequences of temporary agency work on the level of the individual TAE in Germany. We find that temporary agency work assignments act as learning devices for employers about the underlying ability of TAEs. High ability employees can show their qualities and fit with the organization with the time spent on temporary work assignments, albeit at decreasing rates. In addition, we find that if a TAE is assigned to a subsequent project after the first one, it is less likely that the employee transitions into permanent employment. Hence, we conclude that a division exists among TAEs: where the high ability employee may find it a stepping-stone to a desired permanent position, and others get trapped in it and have a hard time transitioning into permanent employment.     

An analysis of firm-level innovation strategies in the US biotechnology industry

This study examines factors that may affect innovation strategies and performance of firms in the biotechnology industry. Specifically, differences between factors common to firms with high R&D intensity and those to firms with low R&D intensity are investigated. Biotechnology firms with relatively higher levels of R&D intensity attribute their innovation performance to research-based innovation factors and strategies such as strengthening their own research capabilities, entering into research collaborations with universities, industry leaders and other biotech firms, and licensing their technology. These strategies can be summarized as alignment within the industry. Firms with relatively lower R&D intensity have a hybrid focus—they invest in R&D but may also have products on the market. These firms attribute their innovation performance more so to production-based innovation factors and strategies such as gaining market access and maintaining connections with customers. Their strategy focuses on competitiveness, marketing, and distribution channels, while not ignoring the importance of a strong research base and the need to advance technologically. In a sense, strategies employed to achieve successful innovation reflect the stage of innovation in which a firm is operating for a particular product or process.     

Managerial incentives for process innovation

Cost‐reducing investments by firms are often not publicly observable. This lack of observability would preclude a strategic use of process innovation. However, we show that an observable and verifiable contract that provides direct monetary incentives for cost reductions — an innovation incentive contract — can act as a strategic commitment device. Our model predicts that manager‐led firms are more innovative than owner‐led firms and that these contracts become less prevalent as product market competition intensifies. Both predictions are consistent with recent empirical evidence. Copyright © 2008 John Wiley & Sons, Ltd.     

Building absorptive capacity to organise inbound open innovation in traditional industries

The discussion on open innovation suggests that the ability to absorb external knowledge has become a major driver for competition. For R&D intensive large firms, the concept of open innovation in relation to absorptive capacity is relatively well understood. Little attention has; however, been paid to how both small firms and firms, which operate in traditional sectors, engage in open innovation activities. The latter two categories of firms often dispose of no, or at most a relatively low level of, absorptive capacity. Open innovation has two faces. In the case of inbound open innovation, companies screen their environment to search for technology and knowledge and do not exclusively rely on in-house R&D. A key pre-condition is that firms dispose of “absorptive capacity” to internalise external knowledge. SMEs and firms in traditional industries might need assistance in building absorptive capacity. This paper focuses on the role of collective research centres in building absorptive capacity at the inter-organisational level. In order to do so, primary data was collected through interviews with CEOs of these technology intermediaries and their member firms and analysed in combination with secondary data. The technology intermediaries discussed are created to help firms to take advantage of technological developments. The paper demonstrates that the openness of the innovation process forces firms lacking absorptive capacity to search for alternative ways to engage in inbound open innovation. The paper highlights the multiple activities of which absorptive capacity in intermediaries is made up; defines the concept of absorptive capacity as a pre-condition to open innovation; and demonstrates how firms lacking absorptive capacity collectively cope with distributed knowledge and innovation.     

The organization of Human Resource Management in temporary work agencies—towards a comprehensive research agenda on temporary agency work in Germany,the Netherlands and the US

While many studies suggest that companies use temporary agency work only as a short-term instrument to adjust the workforce in line with demand, recent research has pointed to new developments in employers' use of temporary agency work. Studies have highlighted the development of increasing long-term contractual relationships between temporary work agencies and client companies in countries such as Germany, the Netherlands and the US. What is missing in the current debate so far are insights on how temporary work agencies are responding to new expectations by client companies. Therefore, possible strategies are analyzed with special regard to the design of Human Resource Management instruments in temporary work agencies. Although the Human Resource Management is the core competency of temporary work agencies, surprisingly little attention in the academic literature has been paid to the question how Human Resource Management should be structured in order to support the adopted strategies by the agencies. This will be analyzed in the paper with a special focus on the situation in Germany, the Netherlands and the US, developing propositions for further research and a comprehensive research agenda for international comparative studies.     

Explaining cyclical movements in employment: Creative-destruction or changes in utilization?

An important step in understanding why employment fluctuates cyclically is determining the relative importance of cyclical movements in permanent and temporary plant-level employment changes. If movements in permanent employment changes are important, then recessions are times when the destruction of job-specific capital picks up and/or investment in new job capital slows. If movements in temporary employment changes are important, then employment fluctuations are related to the temporary movement of workers across activities (e.g. from work to home production or search and back again) as the relative costs/benefits of these activities change. I estimate that in the manufacturing sector temporary employment changes account for nearly 60% of the change in employment growth over the cycle. However, if permanent employment changes create and destroy more capital than temporary employment changes, then their economic consequences would be relatively greater. The correlation between gross permanent employment changes and capital intensity across industries supports the hypothesis that permanent employment changes do create and destroy more capital than temporary employment changes.     

The impact of supply-side electronic integration on customer service performance

Although information technologies have been expected to directly enhance firm performance in specific value chain activities (e.g., supplier performance or customer service performance), their advanced capabilities offer the promise of organizational integration and spill-over benefits. Enterprise systems provide firms with platforms for electronically integrating their supplier and demand chain activities. Spill-over benefits refer to the impacts that occur when IT investments in one organizational domain benefit performance in a different value chain side of the firm. Supply-side electronic integration (SEI) refers to the use of electronic means to integrate the exchange of information and transactions with suppliers through enterprise systems. In our research, we examine whether SEI generates spill-over effects on customer service performance, over and beyond firms’ direct investments in customer-side digitization. We also examine whether structural attributes of the firm (e.g., vertical integration, diversification, and centralization) moderate the effects of supply-side electronic integration on customer service performance. Our analysis of a secondary dataset of InformationWeek 500 firms shows that SEI helps firms realize cost-savings in their customer service performance, especially if they are less vertically integrated. In addition, SEI investments help diversified and centralized firms achieve cross-selling with their customers. We also find that SEI is more likely to help decentralized and diversified firms achieve customization in their customer service activities. These results suggest that SEI helps firms achieve twin goals in customer service: cost reduction and revenue expansion. Overall, our research reveals how supply-side electronic integration could generate benefits in customer service performance in firms.     

Why does eco‐innovation differ in service firms? Some insights from Spain

Although environmental innovation studies have traditionally focused on manufacturing firms, the distinctive features of eco‐innovation activities carried out by service firms require special attention. Using the Spanish Commumity Innovation Survey (CIS), this paper determines which are the main drivers of undertaking eco‐innovation and investigates the similarities and differences between service and manufacturing firms within the five sub‐groups of services (supplier dominated, scale intensive physical networks, scale intensive information networks, science‐based, and others). The results confirm that the main eco‐innovation triggers are similar—technological push factor orientation (internal R&D and persistence) and firm size—while the impact of market pull factors and public environmental legislation differ within the services sub‐groups. In addition, we find a high degree of heterogeneity within service firms. In contrast to traditional service firms, those in the groups involving R&D activities, information networks, and scale‐intensive physical networks exhibit intensive eco‐innovation performance and show a high level of green indicators.