Of Home and Whom: Embeddedness of Law in the Regulation of Difference

Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there. Domestic workers, a population of largely immigrant women of color, have performed labor inside of New York City’s homes for centuries and yet have consistently been denied coverage under labor law protections at both the state and federal level. This article traces out the exclusions of domestic workers historically and then turn to a particular piece of legislation – the 2010 New York Domestic Worker Bill of Rights – which was the first law of its kind to regulate the household as a site of labor, therefore disrupting that long-standing pattern. However, the law falls short in granting basic worker protections to this particular group. Drawing from 52 in-depth interviews and analysis of legislative documents, The author argues that the problematics of the law can be understood by recognizing its embeddedness, or rather the broader political, legal, historical, and social ecology within which the law is embedded, which inhibited in a number of important ways the law’s ability to work. This article shows how this plays out through the law obscuring the specificity of where this labor is performed– the home – as well as the demographic makeup of the immigrant women of color – the whom – performing it. Using the case study of domestic workers’ recent inclusion into labor law coverage, this article urges a closer scrutiny of and attention to the changing nature of inequality, race, and gender present in employment relationships within the private household as well as found more generally throughout the low-wage sector.

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Work Title Of Home and Whom: Embeddedness of Law in the Regulation of Difference
Access
Open Access
Creators
  1. Katherine Maich
Keyword
  1. Domestic work; labor law; New York city; intersectionality; immigrant workers; household labor; informal labor
License All rights reserved
Work Type Article
Publication Date 2020
Deposited February 26, 2021 09:40

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  • Added Creator Katherine Maich
  • Added Maich Of Home and Whom 2020.pdf
  • Updated Publication Date, License Show Changes
    Publication Date
    • 9/2020
    • 2020
    License
    • https://rightsstatements.org/page/InC/1.0/
  • Published