This Article discusses the use of mandated benefits and tax-financed programs to enhance the welfare of workers. The author begins by assessing several cases and the basic framework of labor supply and demand that is important for understanding arguments made later in the article. The author then discusses efficiency and the justification for the government's intervention in the labor market. The author then argues that both mandated benefits and tax-financed programs can be equally efficient because they are both susceptible to the same type of deadweight loss. Whether to use one or the other should be determined on a case-by-case basis of the labor market's efficiently. The author then goes on to examine the possible unintended redistribution effects of mandated benefits that could redistribute wealth away from groups that society is trying to protect.
The Many Faces of Mandates: Beyond Traditional Accommodation Mandates and Other Classic Cases,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol40/iss2/5