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.
About the Author
Ruben J. Garcia is Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law.
Table of Contents
Preface: The Place of the Law in the Workplace
1. Introduction: Who Are the Marginal Workers?
2. Framing Workers’ Rights: The Legal and Theoretical
Underpinnings for the Protection of Marginal Workers
3. New Voices at Work: Unionized Workers at the Intersection of Race and Gender
4. Across the Borders: How Antidiscrimination Law Fails Noncitizens and Other Marginal Workers
5. Labor as Property: Guestworkers at the Margins of Domestic Legal Systems
6. A Global Understanding of Worker Protection
About the Author
What People are Saying About This
At a moment of growing unrest around work relations, this book is a breath of fresh air. Garcia offers an analysis of the possibilities and challenges of work law reform that is rich and nuanced. The book succeeds in bringing together principles of workers’ rights with the realities of today’s economy. Garcia masterfully weaves together vivid stories about workplace settings with thought-provoking ideas about legal boundaries, policy and law reform. Garcia is simultaneously practical and a visionary. Garcia is an experienced and engaged scholar and advocate and Marginal Workers holds the promise of revitalizing political and academic discussions across multiple disciplinary fields. Marginal Workers will be of immense value to anyone interested in the future of employment and labor law. The book will serve thinkers, activists and reformers for many years to come."-Orly Lobel,
"Ruben Garcia’s Marginal Workers moves the bar on workers’ rights advocacy. This important, synthesizing work should reach legal, policy, and activist communities throughout the United States. Garcia illuminates the interstices of a statutory and regulatory system meant to protect employees, but which leaves millions of low-wage workers exposed to workplace abuse. He does not rest with analyzing the problem; he offers ideas and proposals for relaunching workers’ rights from a platform of first principles, not transient policy preferences."-Lance Compa,
"Advanced readers will appreciate the survey of alternative strategies...recommended."-Ruben J. Garcia,CHOICE
"In Marginal Workers, Ruben Garcia goes further than any previous work in describing the various ways in which [U.S. labor and employment laws] fail to protect some of the most vulnerable workers in the country."-JOTWELL: Worklaw
Most Helpful Customer Reviews
Chapter Seventeen I read through the list, each name at a time. -Jemma Garler -Zeriah Kai -Magnus Cayro -Calla Monroe -Aries Patrin -Cage Vinsetti -Quela Forlen Eventually, though, I give up. How can I choose from people I don't know? I begin flipping through all the pages, when something hits me. "I don't know ANY of these people." I say. "Me neither." Sander says boredly, turning to the next page of his packet. "Maylin Rahlu? Definately." He circles the name with a bright yellow highlighter. "No, like, my friends aren't on the list. At all." I reply. "So? At least now you won't be betraying them." He shrugs and circles another name. I groan, pick up a blue pen and start circling. # # # After I'm done, I read the circled names aloud. "Axis Teurler, Calla Monroe, Zola Paire, Lev Tuckon, Talin Sheperd, and Orion LaCayes." I mutter. "I wonder if Maylin's a blonde... or a brunette... or a redhead... I wonder if she has blue eyes, or maybe green..." Sander mumbles. "You're hopeless." I say. "I'M a girl, standing right here. A blonde, with GRAY EYES!" "You have hazel around the middle." Sander says, leaning close to see. He "trips" and falls into me. I shove him back in annoyance and snatch up my list. "If you don't knock it off, YOU will have my fist-" The opening door cuts me off and I turn to see the small man from the hall. "I see you've all chosen. Please, be sure you wrote your final answers on the paper given." We check, and nod. "Good, good!" The man gushes. "Come along, I will take your lists and gather your squads. Meanwhile, my friend you met earlier will take you to be suited up for battle!" Holding out the list to him, I feel guilty. I have condemned these people to fight. They could die because of my writing their names. I may have already killed them.