Jean-Christian Vinel

In the present age of temp work, telecommuting, and outsourcing, millions of workers in the United States find themselves excluded from the category of "employee"—a crucial distinction that would otherwise permit unionization and collective bargaining. Tracing the history of the term since its entry into the public lexicon in the nineteenth century, Jean-Christian Vinel demonstrates that the legal definition of "employee" has always been politically contested and deeply affected by competing claims on the part of business and labor. Unique in the Western world, American labor law is premised on the notion that "no man can serve two masters"—workers owe loyalty to their employer, which in many cases is incompatible with union membership. The Employee: A Political History historicizes this American exception to international standards of rights and liberties at work, revealing a little known part of the business struggle against the New Deal. Early on, progressives and liberals developed a labor regime that, intending to restore amicable relations between employer and employee, sought to include as many workers as possible in the latter category. But in the 1940s this language of social harmony met with increasing resistance from businessmen, who pressed their interests in Congress and the federal courts, pushing for an ever-narrower definition of "employee" that excluded groups such as foremen, supervisors, and knowledge workers. A cultural and political history of American business and law, The Employee sheds historical light on contemporary struggles for economic democracy and political power in the workplace.

A Political History

The Employee

Nelson Lichtenstein

Romain Huret

In the historical narrative that prevails today, the New Deal years are positioned between two equally despised Gilded Ages—the first in the late nineteenth century and the second characterized by the world of Walmart, globalization, and right-wing populism in which we currently live. What defines these two ages is an increasing level of inequality legitimized by powerful ideologies, namely, Social Darwinism at the end of the nineteenth century and neoliberalism today. In stark contrast, the era of the New Deal was first and foremost an attempt to put an end to inequality in American society. In the historical longue durée, it appears today as a kind of golden age when policymakers and citizens sought to devise solutions to the two major "questions"—labor on one side, social on the other—that were at the heart of the American political economy during the twentieth century. Capitalism Contested argues that the New Deal order remains an effective framework to make sense of the transformation of American political economy over the last hundred years. Contributors offer an historicized analysis of the degree to which that political, economic, and ideological order persists and the ways in which it has been transcended or even overthrown. The essays pay attention not only to those ideas and social forces hostile to the New Deal, but to the contradictions and debilities that were present at the inauguration or became inherent within this liberal impulse during the last half of the twentieth century. The unifying thematic among the essays consists not in their subject matter—politics, political economy, social thought, and legal scholarship are represented—but in a historical quest to assess the transformation and fate of an economic and policy order nearly a century after its creation. Contributors: Kate Andrias, Romain Huret, William P. Jones, Nelson Lichtenstein, Nancy MacLean, Isaac William Martin, Margaret O'Mara, K. Sabeel Rahman, Timothy Shenk, Elizabeth Tandy Shermer, Jason Scott Smith, Samir Sonti, Karen M. Tani, Jean-Christian Vinel.

Jean-Christian Vinel

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