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Nonstandard employment arrangements: a proposed typology and policy planning framework.


by Bendapudi, Venkat^Mangum, Stephen L.^Tansky, Judith W.^Fisher, Max M.
Human Resource Planning • March, 2003 •

There is widespread concern that laws and policies designed for the standard (e.g., full-time) employment model are inadequate in the face of nonstandard employment. Nonstandard employment includes "contingent employment," employment not anticipated to be of more than a year's duration, as well as the "alternative employment arrangements" of independent contracting, on-call work, temporary help agencies, and workers provided by contract firms. This article addresses the heterogeneity across nonstandard work and workers and develops a segmentation typology to highlight the different needs and expectations of nonstandard workers. The typology is used to examine the relative roles of public policy and social capital--the network of social relationships--in addressing the challenges of nonstandard employment. Public policy initiatives in the nonstandard employment arena must be tailored to employee and job characteristics.

There is growing concern that the policies and institutions that govern work have not kept pace with the realities of today's workplace, causing a "fundamental mismatch" between the two (Kochan, 2000). A particularly significant, frequently contentious, and often referenced manifestation of this mismatch is the rise in nonstandard employment arrangements (Carre & Joshi, 2001). Nonstandard employment includes both "alternative" and "contingent" employment relationships. In its supplement to the Current Population Survey (CPS), the U.S. Bureau of Labor Statistics (BLS) divides alternative employment arrangements into independent contractors, on-call workers, temporary help agency workers, and workers provided by contract firms (Cohany, 1998). BLS defines contingent employment broadly as all work that does not involve explicit or implicit contracts for long-term employment. The next section provides a detailed discussion and estimates of employees in each type of nonstandard employment arrangement.

There have been two significant foci in academic research dealing with these burgeoning nonstandard employment forms. One stream of research documents the unfavorable disparities in outcomes for employees in nonstandard versus standard employment arrangements (Nollen, 1996; Parker, 1994). These include the lack of an explicit or even implicit promise of continued employment, lower pay and benefits, and the unequal protection accorded the two groups under the law. An understandable outgrowth of this work is the call from scholars and practitioners urging the creation of public policies to better protect workers in nonstandard employment relationships (e.g., duRivage, et al., 1998).

A second stream of research has focused on documenting the composition of workers in nonstandard employment relationships, and, more recently, on the differences among these workers in terms of demographics, skills and abilities, and attitudes toward their non-regular status (Cohany, 1998; Hipple, 1998; Pink, 2001). Regrettably, there has been little attention to combining these two streams. Calls for public policy have been limited to a narrow emphasis on protection of worker rights and ignore the disparities among employees engaged in nonstandard work. Papers that do address differences across nonstandard employees seldom go beyond listing these. Consequently, important questions remain unaddressed: What are the most significant aspects of differences among employees from a policy intervention perspective? How do the varying needs and expectations among employees translate into targeted policy initiatives? Are there competing or complementary approaches to public policy that may be deployed for greatest eff iciency and effectiveness?

This article addresses these issues and is organized as follows: First, we discuss the trend toward nonstandard employment with a review of the benefits and drawbacks of such relationships for employees, employers, and for the broader social community. Next, we discuss the calls for public policy in this arena, categorizing the most common arguments proffered for such intervention. This is followed by a discussion of social capital theory, a private-initiative-based complement to public policy--introduced in the sociological literature and gaining prominence in managerial thought (e.g., Nahapiet & Ghoshal, 1998; Pennings, et al., 1998). A typology of nonstandard employment is presented to define distinct segments of nonstandard workers, to quantify segment sizes, and to derive appropriate policy and social capital initiatives. Implications and directions for future research conclude the article. (1)

Brief Review of Nonstandard Employment Relationships: Rationale and Concerns

A striking aspect of today's economy is the number, scope, and growth of nonstandard work arrangements, specifically, alternative and contingent employment. Nonstandard employment is estimated to be as high as 33 percent of all employment (Belous, 1989; Houseman & Polivka, 2000) and includes alternative and contingent work arrangements. (2) Alternative employment arrangements comprise independent contractors, on-call workers, temporary help agency workers, and workers provided by contract firms (Cohany, 1998). Independent contractors are defined as people who work for themselves. On-call workers are workers who are mobilized and used as needed. Temporary help agency workers are employees who are paid by a temporary help agency. Contract workers are employees who are paid by one company but carry out assignments for another. According to February 2001 current population survey data (most recent BLS data available), 12.5 million workers, or about one in 10 employees, fall into one of these four categories. This includes 8.6 million independent contractors, 2.1 million on-call workers, 1.2 million temporary help agency workers, and 633,000 workers provided by contract firms.

Another conceptualization of nonstandard employment is contingent work, defined as work without the expectation of continuity. Within this broad definition, finer distinctions have been attempted. For example, BLS data provide three successively broader estimates of contingency. Estimate 3, which measures contingency as the percentage of workers having worked or expecting to work in their current job for one year or less, puts the number of contingent workers at 5.4 million or 4 percent of employment. Several authors suggest, however, that the BLS data seriously underestimates the incidence of contingent employment, primarily because of definitional problems in enumerating contingency (Barker & Christensen, 1998). Available data reveal significant demographic differences. Contingent employees are more likely to be women than men, blacks and Hispanics than whites, and younger workers than older workers (Cohany, 1998). The likelihood of holding a contingent job is highest for workers in the construction and ser vice industries.

The breadth of activities performed by workers in nonstandard employment relationships seems to have changed most significantly during the 1990s. Nonstandard workers are no longer limited to low-skill, clerical positions and are just as likely among the professional and technical occupations (Hipple, 1998). The prevalence of nonstandard jobs among postsecondary teachers, workers with advanced degrees, and physicians as well as office clerks, data entry workers, and teachers' aides--occupations with varying skill levels--refutes the stereotype that these workers are primarily low-skilled (Ripple, 1998; Pink, 2001).

Rationale for Nonstandard Employment

The assumed principal benefit of a nonstandard workforce is the greater flexibility that it affords the organization. Because the firm has no long--term commitments to nonstandard workers, they can be deployed as market conditions warrant, providing considerable flexibility in the size of the employee pool (Belous, 1989)2 In highly cyclical or seasonal industries such as retailing, nonstandard workforce allows the firm to smooth out its staffing profile. (Caudron, 1994).

The nonstandard workforce can be hired as needed for specific skills or specialized know-how (Ettorre, 1994), without investing the time and resources required to develop employee skills for what may be a short-term project or a project deemed to be risky because technological advances may make the investment obsolete.

By hiring nonstandard workers for specific assignments, firms can avoid perceived wage inequity and its attendant problems (Frank, 1985). Frank (1985) offers the example of a high-paid consultant who receives continual assignments from a firm. Even when the workload justified it, the firm was reluctant to hire the consultant as a regular employee because other employees were apt to make pay comparisons when the consultant became an insider. The attendant equity perceptions associated with conversion of the consultant to full-time employee would have costly readjustments to the pay scale of all employees.

Finally, nonstandard employment arrangements may be conducive to greater strategic focus. A firm may retain standard, full-time employees only in those areas that it deems its core competencies (Prahalad, 1993). By using a nonstandard workforce in all other functions, it may achieve better returns because its resources are invested in its areas of distinctive competence (Huber, 1993).

Benefits from nonstandard employment do not accrue solely to the employer. Employees may themselves seek such relationships for greater flexibility in adjusting work schedules to personal lives, or provide better work-home balance. Other nonstandard workers may appreciate the choice inherent in accepting a series of short-term projects, instead of being tied up in a long-term position with one firm. A final benefit of nonstandard employment is that employees may build up a more impressive portfolio of work experiences than may be possible by working for a single employer. This is especially the case with knowledge workers who may be particularly keen to enhance their market value by accumulating diverse and challenging work experiences (McGovern & Russell, 2001).

Concerns About Nonstandard Employment

Despite these benefits, there has been greater focus on the "dark side" of nonstandard employment relationships. Potential negative effects have been identified that impact the individuals in such an employment relationship, the "standard" permanent employees in the organization, the employing firm, and society at large.

With respect to the individual, the concerns are both economic and psychological. Because nonstandard employment is characterized by lower pay and benefits than regular employment or offers fewer hours of work, such work contributes to an underclass of workers unable to enjoy the full, economic benefits of their labor (Nollen, 1996). The lack of a secure employment relationship with a company creates a feeling of alienation and loss of meaning in the workplace, which is a very influential aspect of human experience (Parker, 1994).

There are also concerns about potential conflicts between employees in an organization, with standard and nonstandard employees viewing each other with suspicion and perhaps resentment. A lack of harmony borne of such feelings is unlikely to be productivity-enhancing and value-creating. Such divisions can give rise to divide-and-conquer approaches, the playing-off of one constituency against the other. As Henry Ford did in the earlier part of this century, Dennard (1996) calls attention to the union claim that employers have created a "just-in-time work force to match their just-in-time inventories."

Nonstandard employment has other potential downsides for firms. Kochan, et al. (1994) show that there are greater issues with workplace safety among firms that rely on nonstandard employees than among those with standard employment arrangements. A broader concern is the nature of the employee's relationship with the firm. As firms weaken the ties of long-term employment and loyalty, it will be harder for them to inspire in their employees "the initiative, responsibility, and intensity of effort" required for success in today's economy (Stewart, 1997; Whitman, 1999). Individual loyalty to the organization is highly dependent on the organization's loyalty to the individual (Eisenberger, et al., 2001).

There are also serious concerns about the impact of nonstandard employment on the quality of life in a society. Nonstandard employment perpetuates income inequities, drives deeper the wedge between good and bad jobs, or extends the distance between the haves and have-nots. As Kalleberg, et al. (1997) note, "nonstandard jobs pay less than regular full-time jobs to workers with similar characteristics, and are less likely to provide health insurance or a pension." Income disparities are significant in the United States: in 2000, the latest year for which such data are available, the lowest quintile of U.S. households received 3.6 percent of aggregate household income whereas the top quintile received 49.7 percent (DeNavas-Walt, et al., 2001). Another way to represent this disparity is to contrast the household income in 2000 at the 10th percentile of $10,600 with the income at the 90th percentile of $111,602, a factor of 10.5 times (U.S. Census Bureau, 2001). Nonstandard employment may contribute to a growing disparity in income over time to the extent that organizations have less incentive to invest in the skill acquisition of workers not perceived as permanently connected to the organization. Employer-provided training being one of the most efficient, cost-effective forms of human capital acquisition, any reduced motivation for such implies significant reductions in potential human capital stock over time.

Growing disparity in income, attributed in part to growing numbers of nonstandard workers, has led some in Congress to term this trend a threat to the well-being of workers, and, in fact, to "the entire free enterprise system" (Metzenbaum, 1994). Business ethicists also argue that economic actors have a responsibility to consider the effects of their activities on the distribution of wealth in a society (Amar, 1995; Kohls & Christensen, 2002). There is little to suggest that employers typically weigh such considerations in their decisions involving the adoption of nonstandard employment.

Public Policy and Social Capital: Two Approaches for Addressing Concerns About Nonstandard Employment

Two different approaches have been advocated to address concerns about nonstandard employment. The first and more traditional approach calls for public policy action. The second approach, social capital, advocates private initiative to address social concerns. This approach stems from the sociological literature and is taking ground in management thought. Given the literature's greater familiarity with the first approach, we offer a brief review of the case for public policy. Given its recent emergence as a theoretical paradigm in the management literature, social capital's underpinnings receive a more comprehensive review here.

The Case for Public Policy Intervention in Nonstandard Employment

The logic for public policy action through legislative or judicial action or enforcement or by regulatory authorities to redress perceived problems with nonstandard work derives from several core arguments (Bendapudi, et al., 2001).

A first argument is that of a collective goods problem: Society benefits as participants engage in positive collective behavior, but any one individual participant might not comply (forgoing his or her cost of compliance), even while benefiting from the compliance of others (Poulson, 1983). Indeed, experiments in collective goods allocations have shown that most individuals "free ride" if doing so is individually rational (Ledyard, 1995). Applying this logic, if firms collectively alter nonstandard work practices to address specific concerns, the working conditions for affected employees can be improved. If only some firms act to improve conditions, they may suffer from a competitive standpoint, at least in the short-run. Absent widespread private motivation for improvement, public policy is required in such settings to bring about desirable outcomes through mandated participation, which will not emerge without intervention. The provision of national defense, public education, police and fire protection, soci al security, and other collective goods through mandated tax policy serve as examples.

A second argument is based on an externalities viewpoint (Dybvig & Spatt, 1983). Pollution is often considered a classic example--an example of a negative externality. A firm produces goods that it sells in a marketplace. The price at which the product sells is determined partially by the cost of producing the product; however, unaccounted for in the production costs of the firm is the cost of pollution to a nearby stream into which the waste from the production process is discarded. If these costs were accounted for in the firm's production costs, production costs would be higher, the selling price of the goods to the consumer would have to be higher, the quantity demanded of the goods at the higher price would be lower, the quantity produced of the goods would be lower, and there would be less pollution. Applied to nonstandard employment, the argument made is that this employment practice has negative externalities on some individuals and on society in the form of income disparity and reduced human capital formation, that these externalities are not appropriately accounted for in firm decision-making, and that public policy intervention is needed. The policy role would be to raise the costs associated with use of these nonstandard employment arrangements sufficiently (via the equivalent of effluent charges in the pollution case) or to restrict their usage (the equivalent of emission standards in the pollution case), such that the resulting level of nonstandard employment arrangements approximates a socially acceptable optimum. Of course, such an argument presupposes the ability of public policy to reach such an optimum more closely and more efficiently than can the unfettered marketplace left to its own actions under existing law.

A third argument rests on analysis of the relative power of parties to the employment relationship. The argument is one of countervailing powers, that if all parties to the exchange have sufficient economic and political clout, then outcomes (negotiated or otherwise) will be reasonably balanced and broadly reflect efficient and equitable standards. Several authors point to a lack of countervailing power in the case of nonstandard employment arrangements, suggesting that while firms have adopted both standard and nonstandard employment and are reaping the associated benefits of flexibility, the social welfare system has not kept pace operating within the framework of the standard post World War II employment model (see duRivage, et al., 1998; Kochan, 2000). Hence, public policy action is required, the argument goes, to realign labor market institutions with labor market and social realities.

A fourth argument rests on the disparate impact of nonstandard employment on vulnerable groups--an equity argument that is often collapsed into the third argument outlined previously. Polivka (1996) finds that women, blacks, and Hispanics hold a higher percentage of noncontingent than contingent jobs. Younger workers, those between the ages of 16 and 24, held 30.5 percent of contingent jobs but only 13.9 percent of noncontingent jobs. Workers lacking a high school diploma held 14.6 percent of contingent jobs but only 10.5 percent of noncontingent jobs. Cohany (1998) reports similar patterns of demographic disparities in other forms of nonstandard work. Proponents of this viewpoint examine the over-representation of women, minorities, the young, or the old in nonstandard work and argue that public policy intervention is needed to redress this imbalance and speak for those who are unable to voice their own concerns forcefully. For instance, the Economic Policy Institute and Women's Research and Education Instit ute (1997) put forth this argument for protecting vulnerable groups in these "substandard jobs."

A fifth argument for public policy includes elements of the first and the third arguments, but in an international context and on a perceived threat in the globalization of work. Technological advances have made true globalization of work possible, bringing an unprecedented degree of flexibility to employment relationships (McWilliams, et al., 2001). Countries around the world are embracing nonstandard employment practices to be competitive; however, an application of international labor standards reveals striking differences in both the statutory language and the practical application of legal protections for nonstandard employees across countries. In an exhaustive comparison of the legal protections afforded nonstandard employees in the United States versus their European and Japanese counterparts, Sukert (2000) argues that U.S. nonstandard employees are but "marionettes of globalization" and that they and Japanese employees trail the Europeans in many important benefits. Edwards, et al. (1992) suggest that to be competitive in global markets, companies need to engender nonstandard employee engagement and commitment for the long term by providing greater protections, not just save money in the short term by denying these protections. Consequently, it is argued that public policy officials must understand, and manage, the challenges of dealing with nonstandard employment to keep the U.S. globally competitive.

The Case for Social Capital Deployment or Private Initiative in Nonstandard Employment

Social capital is a term coined in sociology to describe those characteristics of social organizations such as networks, norms, and social trust that facilitate coordination and cooperation for mutual benefit, thereby making some communities better equipped to deal with issues than communities without similar ties (Coleman, 1988; Putnam, 1995). The "capital" in the term refers to the fact that participants make investments in social relationships, and the investment has growth and payoff potential, much like physical or human capital. The "social" aspect of the term refers to the fact that this capital does not reside in a single individual (as opposed to, say, human capital) but is vested in the network of relationships within a communit