A political, legal, intellectual, and social history of employment in America 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.

The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as: orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe; the impact of the perception of orchestras as “elitist” and of limited social value; discriminatory practices in auditions and hiring; legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced. An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers. Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.