Capitalist Development, Labor Law, and the New Working Class — Reviewing Gabriel Winant, The Next Shift : The Fall of Industry and the Rise of Health Care in Rust Belt America (Harvard University Press, 2021)

Gabriel Winant’s The Next Shift charts the transformation of Pittsburgh’s labor market and political economy from the postwar period through the era of unabashed neoliberalism. During that time, relatively well-paid and unionized employment in steel and metalworking plummeted, while low-wage, precarious, nonunion employment in health care and related sectors surged. The composition of the working class also shifted, from being disproportionately white and male, to disproportionately nonwhite and female. While Winant is a labor and social historian, his book has many implications for legal scholars, including those focused on the role of law in neoliberalism. In particular, the book situates both Pittsburgh’s evolution and neoliberalism itself in the historical process of capitalist development, or the process through which imperatives of accumulation generate constant technological, economic, and social changes. In Pittsburgh, Winant shows, deindustrialization was an inflection point in that process, generating social crises that were mitigated first by the rise of health care, and then by the suppression of wages among health care workers. This Book Review argues that labor law—or the whole complex of laws constituting and governing work—was transformed by those same structural forces over that same period. Postwar labor law understood employment, at least for relatively privileged industrial workers, as a social relationship jointly constituted by the working class and employers. Under neoliberalism, labor law came to understand employment more as an individual contract between putative equals, which enabled profitability in low-productivity service sectors like nursing homes and home care. In that sense, labor law helped to birth today’s working class, even as it denies that a working class still exists