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.

The employment relationship in a growing number of industries with large concentrations of low wage workers has become ‘fissured’, where the lead firms that collectively determine the product market conditions in which wages and conditions are set have become separated from the actual employment of the workers who provide goods or services. Instead, the direct employers of low wage workers operate in far more competitive markets that create conditions for non-compliance. We examine this evolution in employment and its implications for public policy in the US, discuss the factors driving fissured employment and sketch its main features and outcomes. We then look at the traditional methods used for labour standards enforcement in the US and discuss why they are poorly suited to address fissured workplaces. Finally, we survey how public policies might better address the realities of the modern workplace, including efforts in this regard by the Obama administration.

The complex transition from convict to free labour influenced state intervention in the employment relationship, and initiated the first minimum labour standards in Australia in 1828. Since then, two principal sets of tensions have affected the enforcement of such standards: tensions between government and employers, and tensions between the major political parties over industrial and economic issues. This article argues that these tensions have resulted in a sustained legacy affecting minimum labour standards’ enforcement in Australia. The article outlines broad historical developments and contexts of minimum labour standards’ enforcement in Australia since 1828, with more contemporary exploration focusing specifically on enforcement practices and policies in the Australian federal industrial relations jurisdiction. Current enforcement practices are an outcome of this volatile history, and past influences remain strong.

In October 2010, the provincial government of Ontario, Canada enacted the Open for Business Act (OBA). A central component of the OBA is its provisions aiming to streamline the enforcement of Ontario’s Employment Standards Act (ESA). The OBA’s changes to the ESA are an attempt to manage a crisis of employment standards (ES) enforcement, arising from decades of ineffective regulation, by entrenching an individualised enforcement model. The Act aims to streamline enforcement by screening people assumed to be lacking definitive proof of violations out of the complaints process. The OBA therefore produces a new category of ‘illegitimate claimants’ and attributes administrative backlogs to these people. Instead of improving the protection of workers, the OBA embeds new racialised and gendered modes of exclusion in the ES enforcement process.

The impact of minimum wage legislation has been widely discussed and is a major concern among labour economists. This article investigates, from economic, legal, international political, trade, and social perspectives, the possibility of decoupling foreign workers’ wages from the minimum wage in Taiwan. The results show that foreign workers’ wages cannot possibly be decoupled from the minimum wage, and foreign workers should not be treated as a separate group of workers in Taiwan’s minimum wage policy.

Since 1993 and the removal of the separate award system for the Australian State of Victoria, many Victorian workers have been on five minimum conditions and on pay levels well below that of employees in other States. Despite attempts to rectify the situation (with Victorian common rule awards), issues of coverage and employer compliance remained. The implementation of WorkChoices legislation in 2006 posed a further challenge to Victorian low-paid workers. Our research found that the impact of WorkChoices on the Victorian low-paid has been largely insidious, surfacing primarily as an increased wage-effort ratio, with people working more unpaid hours and at an increased pace. The implications of this are that these hidden effects are more likely to linger, even with the replacement of WorkChoices with the Fair Work Act, 2009. Furthermore, it appears that employer compliance with minimum conditions requires more adequate enforcement by the Federal Government.

Throughout the English-speaking world, collective bargaining has commonly been considered to be an option for workers discontent with the default system of management-determined conditions of work. In this article it is argued that, as a universally acclaimed human right, collective bargaining should be considered a minimum condition for everyone employed under standardised conditions of work. The government policy of offering workers a choice to bargain or to refrain from bargaining, in effect in countries such as the United States, Canada and the United Kingdom, does not meet that standard. Just as the equity goal of governments is the absence of inequality based on traits such as sex and colour, the government bargaining policy goal should be universal collective bargaining. Anything short of universality should be considered a social problem in search of a more effective policy solution.