Synopses & Reviews
Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection.
In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights, and points to a number of examples in which marginal workers have organized for greater justice on the job in spite of the weakness of the law.
About the Author
Ruben J. Garcia is Professor of Law and Director of the Concentration in Labor and Employment Law at California Western School of Law in San Diego.
Table of Contents
ContentsPreface: The Place of the Law in the Workplace viiAcknowledgments xi1. Introduction: Who Are the Marginal Workers? 12. Framing Workers Rights: The Legal and Theoretical 14Underpinnings for the Protection of Marginal Workers3. New Voices at Work: Unionized Workers at the 36Intersection of Race and Gender4. Across the Borders: How Antidiscrimination Law Fails 64Noncitizens and Other Marginal Workers5. Labor as Property: Guestworkers at the Margins of 86Domestic Legal Systems6. A Global Understanding of Worker Protection 113Notes 143Index 173About the Author 183