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In most communities, the informal economy operates in the shadow of formally recognized economic structures and processes. Thus it is also known by a variety of names and descriptions that depict its ambiguous status, from the underground or gray economy to specific types of economic exchange such as the black market, work that is off the books, or payment that is under the table. Each of these terms implies that the activity takes place outside the law or in a venue that circumvents normal forms of management and regulation, and it is this meaning that provides the defining characteristic of the informal economy. As defined by Castells and Portes, “The informal economy … is unregulated by the institutions of society, in a legal and social environment in which similar activities are regulated” (Castells & Portes 1989, p. 12).

By this definition, virtually any activity that is part of the formal economy may also be found in the informal economy, since the major distinction between the two resides in their legal and regulatory status. Economic activity—the production, distribution, exchange, and consumption of goods and services in every modern society—is subject to legal constraints and regulations operating in an institutional framework that defines what is a legitimate transaction. The informal economy consists of the same kinds of economic activities, but specifically those that take place outside the system of formal regulation. Thus it is possible to define an informal economy only in relationship to formal economic activity, and similarly, it is meaningful to distinguish between formal and informal economies only in societies with a complex and regulated division of labor in which distinct economic institutions are recognized and legally controlled.

Examples and Types of Informal Activities

Activities that may be considered part of the informal economy range from the explicitly illegal and criminal to everyday transactions that few would consider a violation of social norms and values. Thus, hiring undocumented workers, operating sweatshops that flaunt occupational health and safety regulations, producing or selling illicit substances, failing to report income for tax purposes, bartering goods or services, and substituting one's own labor to produce commodities that are normally purchased have all been classified as informal activity.

The same activity can be considered formal or informal, depending on the larger social and political context. Similarly, the boundary between legal and illegal often determines whether an exchange is considered informal. As a result, it is difficult to distinguish between informal and illegal. For example, because of the highly regulated nature of the liquor industry, producing and selling moonshine (home-brewed alcoholic drink), formerly a prominent informal practice in many parts of the United States, remains illegal even though the repeal of Prohibition made alcohol production and consumption once again legitimate enterprises. If the advocates of marijuana legalization were to achieve their goal, a highly lucrative informal (and illegal) source of income in many rural communities would be subject to formal regulation and conceivably, but not necessarily, legitimated.

Because so much of the informal economy resides in a legal and analytic gray area, numerous classifications and typologies of informal activity exist. Analysts often distinguish between overtly criminal activities and those that represent lesser violations of social norms and values, eliminating the explicitly criminally unlawful from consideration. Some analysts distinguish between the product and the process of its production. A legal product may be produced illegally in an informal process. Sweatshop labor, such as often occurs in the garment industry in New York, typically results in socially valued goods that have violated labor law in their production. Informal labor markets are among the most studied of informal economic activities, but again, these can represent a broad range of specific activities and practices.

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