Hiring day laborers: ethical or unethical?
August 23, 2023 10:29 AM Subscribe
What's the current thinking about hiring day laborers for gardening and general "handyman"-type tasks?
(I've seen this question, but it's nearly 20 years old [!!], and the world has changed a lot since then.)
I own a house in California, and have a long list of gardening, maintenance, and general home-improvement projects. My wife and I are pretty committed DIYers, but we're short on time, and have been considering hiring day laborers for some of the more ... laborious tasks. But I'm waffling on whether it's ethical to do so. Is this practice exploitative, or would I be helping someone put food on the table?
By hiring a day laborer, would I be exacerbating these workers' job insecurity? I can pay them fairly and give them lemonade, but I can't provide benefits or anything like that. If I do wind up hiring someone, what are the best practices for fair treatment and pay? What will the workers expect from me? What is the fairest way to engage in this economic relationship?
I'm fully open to the opinion that hiring day laborers is unethical, but I'd like to know why. I'm most interested in the ethics, here, I guess, but would also be interested in your personal experience hiring or being a day laborer.
FYI: There's a nearby intersection where day laborers hang out, but I can't seem to determine if there's a city-authorized day labor center or policy.
(I've seen this question, but it's nearly 20 years old [!!], and the world has changed a lot since then.)
I own a house in California, and have a long list of gardening, maintenance, and general home-improvement projects. My wife and I are pretty committed DIYers, but we're short on time, and have been considering hiring day laborers for some of the more ... laborious tasks. But I'm waffling on whether it's ethical to do so. Is this practice exploitative, or would I be helping someone put food on the table?
By hiring a day laborer, would I be exacerbating these workers' job insecurity? I can pay them fairly and give them lemonade, but I can't provide benefits or anything like that. If I do wind up hiring someone, what are the best practices for fair treatment and pay? What will the workers expect from me? What is the fairest way to engage in this economic relationship?
I'm fully open to the opinion that hiring day laborers is unethical, but I'd like to know why. I'm most interested in the ethics, here, I guess, but would also be interested in your personal experience hiring or being a day laborer.
FYI: There's a nearby intersection where day laborers hang out, but I can't seem to determine if there's a city-authorized day labor center or policy.
I am not up on whatever the latest thinking is on this, but it just seems to me that to not hire someone who you plan on paying a fair wage to just because it might cause job insecurity is cutting off your nose to spite your face. At the end of the day, if you don't hire someone, they have zero money to show for it, but if you do hire someone or two they have $100 (or more) in their pocket. How is that person not better off in the short run? And isn't the short run (tonight's meal, tomorrow's kids lunch, etc) what is most important to someone asking to be hired out as a day laborer.
Ethically, who is harmed by hiring a day laborer and how are they harmed? And who benefits and how? As long as you pay a prevailing wage, it seems as if both the person hiring and the worker are making a transaction that they both want to make and which helps them both,
posted by JohnnyGunn at 10:41 AM on August 23, 2023 [3 favorites]
Ethically, who is harmed by hiring a day laborer and how are they harmed? And who benefits and how? As long as you pay a prevailing wage, it seems as if both the person hiring and the worker are making a transaction that they both want to make and which helps them both,
posted by JohnnyGunn at 10:41 AM on August 23, 2023 [3 favorites]
Consider that many, many things that put food on the table are exploitative. You can't fix late stage capitalism as a single individual by how you dig a ditch in your garden. But you can positively change someone's entire month by paying them a fair wage for this work and treating them with respect.
posted by phunniemee at 10:42 AM on August 23, 2023 [7 favorites]
posted by phunniemee at 10:42 AM on August 23, 2023 [7 favorites]
If you call a "legit" staffing company, you'll get somebody that also does not have benefits or job security, and will only be getting maybe 1/2 of what you are paying. By going direct you can at least ensure 100% of the wage goes into their pocket.
posted by COD at 10:44 AM on August 23, 2023 [25 favorites]
posted by COD at 10:44 AM on August 23, 2023 [25 favorites]
I think on the one hand there is a lot of exploitation in that area, and on the other hand there are also a lot of jobs - freelancers of all kinds, private academic tutors and music teachers, babysitters, etc. - that also don't have any benefits; do you feel about them in the same way?
I work as a freelancer and the lack of benefits and steady income sucks, but I also am able to charge much more than I would working for someone else, and can fit my schedule to my circumstances. It's a trade-off. Personally I think the most ethical course is to make sure that you pay very well, keeping in mind that they are likely to have very unpredictable income. (I feel like sometimes people think I make a ton because they take my hourly rate and multiply it by 40 weekly hours or whatever. It very much does not work that way.)
If they do good work, recommend them to others as much as you can.
posted by trig at 10:54 AM on August 23, 2023 [4 favorites]
I work as a freelancer and the lack of benefits and steady income sucks, but I also am able to charge much more than I would working for someone else, and can fit my schedule to my circumstances. It's a trade-off. Personally I think the most ethical course is to make sure that you pay very well, keeping in mind that they are likely to have very unpredictable income. (I feel like sometimes people think I make a ton because they take my hourly rate and multiply it by 40 weekly hours or whatever. It very much does not work that way.)
If they do good work, recommend them to others as much as you can.
posted by trig at 10:54 AM on August 23, 2023 [4 favorites]
Ethically, who is harmed by hiring a day laborer and how are they harmed?
Everyone is harmed because you are supporting a system that places people in the position of being day laborers. You are providing a private safety net instead of forcing the government to do their job.
However, as forcing the government to do their job is a very close to a pipe dream I would say that compassion outweighs the ethical concern and you should hire them.
posted by Tell Me No Lies at 10:57 AM on August 23, 2023 [4 favorites]
Everyone is harmed because you are supporting a system that places people in the position of being day laborers. You are providing a private safety net instead of forcing the government to do their job.
However, as forcing the government to do their job is a very close to a pipe dream I would say that compassion outweighs the ethical concern and you should hire them.
posted by Tell Me No Lies at 10:57 AM on August 23, 2023 [4 favorites]
What's exploitative is inserting yourself in between people who want to work as day labourers and people who want to pay for a day's labour, and taking a cut of their hourly for doing fuck-all but set up the booking.
If you bypass your local labour hire outfits and work directly with a labourer, paying them their asking hourly rate to do the work you need done, you're arranging for both of you to be better off at the end of the day.
That you live in a country incapable of organizing anything resembling a workable public health system doesn't alter the fact that there is nothing wrong with the principle that a fair day's work deserves a fair day's pay.
posted by flabdablet at 10:58 AM on August 23, 2023 [4 favorites]
If you bypass your local labour hire outfits and work directly with a labourer, paying them their asking hourly rate to do the work you need done, you're arranging for both of you to be better off at the end of the day.
That you live in a country incapable of organizing anything resembling a workable public health system doesn't alter the fact that there is nothing wrong with the principle that a fair day's work deserves a fair day's pay.
posted by flabdablet at 10:58 AM on August 23, 2023 [4 favorites]
Keep in mind that the threshold for having to withhold (and pay the employer share of) FICA taxes for household employees is fairly low: $2600 in 2023. Given the way you're describing the work (you providing tools and directing the work), they would probably be household employees. It would be unethical not to withhold and pay FICA taxes if you cross that threshold.
I won't comment on the ethics of checking their eligibility for legal employment in the U.S. or not.
posted by praemunire at 10:59 AM on August 23, 2023 [2 favorites]
I won't comment on the ethics of checking their eligibility for legal employment in the U.S. or not.
posted by praemunire at 10:59 AM on August 23, 2023 [2 favorites]
If this person gets injured on your property (landscaping tools are dangerous) you will be responsible for all medical bills. Are you insured for that?
posted by Geckwoistmeinauto at 11:31 AM on August 23, 2023 [3 favorites]
posted by Geckwoistmeinauto at 11:31 AM on August 23, 2023 [3 favorites]
I have been a day labourer several times - in NZ, mainly via an agency/'labour hire', occasionally alone - and also while traveling in the UK (which helped me pay for a three month walking trip).
I used it initially when I wanted to move from factory jobs to high-rise construction - so it enabled me to try a number of site types and companies. At the time the agency version was unionized and was a very good thing for me. What I experienced was not exploitative - but that was due to an ethical company and the union - it needs both.
I would not do it now as it has become usurious and dangerous and also leads to industry decline as works become increasingly deskilled (I see this especially in the plant nursery industry) - at least in New Zealand.
Once when I was moving house, knew no-one in the town I called a church and asked if they knew anyone who could help me move and I got a very helpful chap for the day - and paid him well.
posted by unearthed at 12:03 PM on August 23, 2023
I used it initially when I wanted to move from factory jobs to high-rise construction - so it enabled me to try a number of site types and companies. At the time the agency version was unionized and was a very good thing for me. What I experienced was not exploitative - but that was due to an ethical company and the union - it needs both.
I would not do it now as it has become usurious and dangerous and also leads to industry decline as works become increasingly deskilled (I see this especially in the plant nursery industry) - at least in New Zealand.
Once when I was moving house, knew no-one in the town I called a church and asked if they knew anyone who could help me move and I got a very helpful chap for the day - and paid him well.
posted by unearthed at 12:03 PM on August 23, 2023
Agree that hiring people who want to work is a win-win situation; it's good old-fashioned free market gains from trade. You clearly want to pay and treat them fairly, so the question is who you should hire. Standing around on the corner is not ideal, nor is hiring people who are standing on the corner. They don't know if they will be treated fairly, and you don't know who they are (though chances are that everything would work out find). Before hiring from the corner, I would ask neighbors for recommendations, or look for a nonprofit day labor center, like these.
posted by Mr.Know-it-some at 12:04 PM on August 23, 2023 [1 favorite]
posted by Mr.Know-it-some at 12:04 PM on August 23, 2023 [1 favorite]
Day laborers who work on their own, mostly yes. They may not be paying in to any benefit program, which is a source of long-term injustice, but, then again, undocumented day workers don't generally collect their Social Sec. benefits. Some work now/ get paid now employers are pretty vile, so get details. Pay very fairly, provide access to a clean toilet, water, a place to eat, breaks, maybe food. Being respectful is a given, you clearly get that. Ask your neighbors for names; if a worker could get 5 days' work in 1 neighborhood, that could be a big help. Also, some percentage of any group are sketchy, so being cautious is realistic.
You are legally required to pay FICA, collect taxes, etc., and most people don't. This is problematic overall, but the ethics are murky. Your homeowner's insurance does not want the liability, which is a consideration.
Fair pay includes benefits like vacation/ sick time, and insurances (workers' comp, unemployment, health, FICA). The cost of those benefits is at least an additional 50%, so unless there's a benefits plan, account for that.
posted by theora55 at 12:54 PM on August 23, 2023
You are legally required to pay FICA, collect taxes, etc., and most people don't. This is problematic overall, but the ethics are murky. Your homeowner's insurance does not want the liability, which is a consideration.
Fair pay includes benefits like vacation/ sick time, and insurances (workers' comp, unemployment, health, FICA). The cost of those benefits is at least an additional 50%, so unless there's a benefits plan, account for that.
posted by theora55 at 12:54 PM on August 23, 2023
In principal, I don't think it's exploitative or unethical to occasionally hire someone to do small "handyman"-type jobs.
I do think it's exploitative to hire a different person every time you need to do a small job. You should find someone with the skills you need and then do your best to consistently hire them every time you need something done, even if it's inconvenient for you. Get to know them and establish a healthy business relationship if not a personal friendship.
posted by RonButNotStupid at 1:00 PM on August 23, 2023 [3 favorites]
I do think it's exploitative to hire a different person every time you need to do a small job. You should find someone with the skills you need and then do your best to consistently hire them every time you need something done, even if it's inconvenient for you. Get to know them and establish a healthy business relationship if not a personal friendship.
posted by RonButNotStupid at 1:00 PM on August 23, 2023 [3 favorites]
There are some alternative, ethical Day Labor programs in the Bay - SF, Oakland, Graton, Mountain View, etc...
posted by latkes at 1:07 PM on August 23, 2023
posted by latkes at 1:07 PM on August 23, 2023
Response by poster: Thanks, everyone, for your answers. You've mentioned several angles and perspectives here that I hadn't considered, not the least of which is the point about insurance. I'm still honestly unsure whether I'll hire anyone, but at least I'll be better prepared to make an informed decision.
posted by Dr. Wu at 9:01 PM on August 23, 2023 [1 favorite]
posted by Dr. Wu at 9:01 PM on August 23, 2023 [1 favorite]
I knew someone who used to hire an unlicensed and uninsured freelancer/handyperson to work on his house. He paid well, and he considered it his responsibility to make sure this person was taken care of. When the handyperson eventually had to deal with an injury (I'm not sure if it happened on the job) and needed to be off work and in medical care for a while, my acquaintance helped cover the cost. He was able to do that, I think, because he knew it was a possibility and budgeted accordingly from the start.
Sounds like that is beyond the scope of what you're doing, but maybe you can interpolate?
posted by sibilatorix at 2:25 AM on August 24, 2023
Sounds like that is beyond the scope of what you're doing, but maybe you can interpolate?
posted by sibilatorix at 2:25 AM on August 24, 2023
I have been harassed IN MY OWN HOME by men hired as day laborers. I would go with a nonprofit.
posted by brujita at 9:59 AM on August 24, 2023
posted by brujita at 9:59 AM on August 24, 2023
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