Day labor (or day labour in Commonwealth spelling) is work done where the worker is hired and paid one day at a time, with no promise that more work will be available in the future. It is a form of contingent work.
Day laborers (also known archaically as daysmen[1]) find work through several common routes.
Some employment agencies specialize in very short-term contracts for manual labor, primarily in construction, factories, offices, and manufacturing. These companies usually have offices where workers can arrive and be immediately assigned to a job.
Unions are a second route through which workers find employment. In situations such as an unexpected change in construction plans, an employer may require additional appropriately skilled labor. By contacting a workers' union, the manager can find laborers with appropriate skills. In turn, the union workers have a higher chance of being employed since the manager is able to find workers to employ. Thus, the benefit of union representation applies to both the worker and the employer.[2] [3] Through the union, workers are given a source of recourse to achieve a safe work environment free of favoritism and arbitrary work assignments. Employers benefit from organized labor training programs, benefit plans, dispute resolution[4] and a labor supply meeting labor demand at many times or places. A labor supply arriving at a specified time and location with less than a day's notice results in reduced overhead resources, which benefits the employer.[5] [6]
Less formally, workers offer their work to potential employers such as building contractors, landscapers, home owners, and small business owners. Workers assemble at at well-known locations, such as street corners or commercial parking lots, in the hope of finding such work.
Informal day labor is not new to the United States, and day laborers are not always migrant workers in many cases. In his study of day laborers in Atlanta, Terry Easton interviews white, black, and Hispanic workers.[7] Many other metropolitan areas still have non-immigrant day laborers, and many other large and small cities have immigrant day laborers from a variety of countries, including Mongolia, Poland, Russia, Brazil, Central and South America, and countries in Africa. Non-immigrant informal day labor, present in many cities, does not generate the controversy or calls to police and local government seen when immigrant day laborers gather to wait for work.
Nonetheless, immigrants are a large source of day labor in the United States. Often, day labor work is in small residential construction or landscaping.[8] These workers earn, on average, $8–$10 an hour. The media and a 2005 study by UCLA portrays day laborers as mostly being illegal immigrants from Mexico and Central America, who would otherwise be unable to work due to employment regulations.[9] Other research has found that day laborers are not typically illegal immigrants. Many are citizens of the US, and day labor is often a transition to full-time work.[10]
Unorganized day labor creates problems for day laborers: 1 in 3 corner day laborers have experienced theft of wages in the past two months and 1 in 5 experienced a serious worksite injury in the past year. Low wages and poor working conditions, employer abuse, and lack of insurance for work related accidents is common.[11] [12]
Some municipalities and communities have supported workers' efforts to organize themselves into democratically run workers' centers, designated areas, and organizations to defend workers' rights in general. Workers' Centers of this kind date back at least 18 years to Los Angeles. Other municipalities have targeted day labor sites for aggressive enforcement of immigration laws.
Though united in their commitment to the rights of immigrant workers, NDLON and the Day Labor Research Institute represent different models of day labor center. NDLON represents the "social service agency model" and the Institute the "day laborer designed model."[13] These different models of day labor centers may yield markedly different results that reflect the different goals of each model.
Problems when workers' centers are established can involve day laborers continuing to congregate in large numbers on the streets surrounding the day labor centers, refusing to leave the street to use the center,[14] and large numbers of day laborers drawn from other areas to the streets surrounding the centers.[10] Low levels of work at the centers, low wages, and problems with the job distribution system are also common.[10]