Tel Aviv University Legal Working Paper Series
Tel Aviv University Law Faculty Papers
Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care
Article comments
Hila Shamir, Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care, Berkley Journal of Employment and Labor Law (Forthcoming, 2009).
Abstract
The article explores the potential for redistribution through protective legal rules. It offers a new framework to assess redistribution through legal rules in the context of employment law and specifically the protection granted to workers with familial care responsibilities in the Family and Medical Leave Act of 1993 (FMLA), and the application of protective employment laws to the employment of in-home care workers. The article offers two main interventions in existing scholarship. First, the article develops a new framework to assess the distributive effects of protective legal rules, and specifically of family leave mandates. The framework is novel in that it captures more than the redistribution of material resources, as most distribution-based analyses currently do. Second, while most scholarship on the interaction of employment law with familial care focuses on standard employment settings, the article adds an analysis of the effects of employment law on the secondary market of in-home care. The article shows that the combined study of the way employment law affects 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.
Subject Area
Employment Practice, General Law, Law and Society, Sexuality and the Law, Social Welfare, Women
Recommended Citation
Hila Shamir,
"Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care"
(July 2009).
Tel Aviv University Legal Working Paper Series.
Tel Aviv University Law Faculty Papers.
Working Paper 111.
http://law.bepress.com/taulwps/fp/art111
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