Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care

Berkley Journal of Employment and Labor Law, Vol. 30, No. 2, p. 404, 2010

57 Pages Posted: 26 Jul 2009 Last revised: 9 Jul 2018

See all articles by Hila Shamir

Hila Shamir

Tel Aviv University - Buchmann Faculty of Law

Date Written: May 12, 2010

Abstract

This Article offers a new analytical framework for understanding the distributive role of legal regulation in the interaction of “home” and “work.” Using this framework, the Article maps the “double exceptionalism” of the family in U.S. federal employment law. It suggests that employment law treats familial care responsibilities as exceptional in two different ways: first, through family leave benefits that affect the primary labor market, labeled here “affirmative exceptionalism”; and, second, through the exclusion of inhome care workers from protective employment legislation in the secondary labor market, labeled here “negative exceptionalism.” This double exceptionalism of the family in employment law serves as a basis for an assessment of the distributive outcomes of employment law across class and gender lines. The Article shows that the combined study of affirmative and negative exceptionalism - of how employment law affects the availability of labor, as well as the working conditions, of both care workers and their employers - is crucial to a holistic understanding of the formative and distributive effects of employment law on markets of care. A central implication is that employment law should be understood as an accessible, if obdurate, legal tool which holds the potential for achieving distributional shifts from current social and political divisions of power among members of households and classes alike.

Keywords: employment law, family and medical leave act, care work, domestic work, child care, distribution, distributional analysis, gender roles, sex equality

Suggested Citation

Shamir, Hila, Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care (May 12, 2010). Berkley Journal of Employment and Labor Law, Vol. 30, No. 2, p. 404, 2010, Available at SSRN: https://ssrn.com/abstract=1438186

Hila Shamir (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel
972-3-6408771 (Phone)

HOME PAGE: http://www.law.tau.ac.il/Eng/?CategoryID=146

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