Legal Protections and Advocacy for Contingent or “Casual” Workers in the United States: A Case Study in Day Labor

Contingent, non-standard or “casual” work is present in large numbers in virtually every sector of the United States economy. Staffing strategies that use subcontracted or contingent work – strategies that once characterized only some low-wage workers such as garment and agriculture – have now spread to virtually every area of industry, including high tech and finance. United States law is a patchwork of provisions in separate federal statutes – and sometimes in each of the 50 states – governing whether a particular individual is an “employee.” Day laborers in the United States have particular challenging enforcing their limited rights. To address the issues of vulnerable low-wage workers being locked out of labor protections, activists have developed a number of strategies, including litigation and legislative campaigns. These strategies have more recently been broadened to facilitate developing leadership in a new social movement. In this article I draw a portrait of the day labor workforce from city- and state-based surveys of day laborers themselves. I then discuss strategies employed by day laborers to advance their workplace rights.