United States labor law is a heterogeneous collection of state and federal laws. The 2007&ndash2008 Writers Guild of America strike, or more commonly known as the Writers' Strike was a strike by the Writers Guild of America East Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Federal law not only sets the standards that govern workers' rights to organize in the private sector, but overrides most state and local laws that attempt to regulate this area. Federal law is the body of Law created by the Federal government of a country In Economics, the private sector is that part of the economy which is both run for private Profit and is not controlled by the State. State law in the United States, is the Law of each separate U Federal law also provides more limited rights for employees of the federal government. The federal government of the United States is the central United States Governmental body established by the United States Constitution. These federal laws do not, on the other hand, apply to employees of state and local governments, agricultural workers or domestic employees; any statutory protections those workers have derived from state law. A state government ( provincial government in Canada is the Government of a Subnational entity in States with federal Local governments are administrative offices that are smaller than a State. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County.
The pattern is even more mixed in the area of wages and working conditions. A wage is a compensation workers receive in exchange for their labor. Occupational safety and health is a cross-disciplinary area concerned with protecting the Safety, Health and welfare of people engaged in Federal law establishes minimum wages and overtime rights for most workers in the private and public sectors; state and local laws may provide more expansive rights, Similarly, federal law provides minimum workplace safety standards, but allows the states to take over those responsibilities and to provide more stringent standards. A minimum wage is the lowest hourly daily or monthly Wage that employers may legally pay to employees or workers Overtime is the amount of time someone works beyond normal working hours. The public sector is the part of economic and administrative life that deals with the delivery of goods and services by and for the Government, whether national Regional
Finally, both federal and state laws protect workers from employment discrimination. Employment discrimination refers to discriminatory employment practices such as bias in hiring promotion job assignment termination and compensation and various types of In most areas these two bodies of law overlap; as an example, federal law permits state to enact their own statutes barring discrimination on the basis of race, gender, religion, national origin and age, so long as the state law does not provide less protections than federal law would. The term race or racial group usually refers to the concept of categorizing Humans into Populations or groups on the basis of various sets Gender comprises a range of differences between men and women extending from the biological to the social A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos Nationality is a relationship between a Person and their State of Origin, Culture, association Affiliation and/or Loyalty Federal law, on the other hand, preempts most state statutes that would bar employers from discriminating against employees to prevent them from obtaining pensions or other benefits or retaliating against them for asserting those rights. A pension is a steady income given to a person upon Retirement, typically in the form of a guaranteed annuity.
Employment law in the U. Labor history of the United States involves the history of Organized labor, as well as the more general history of working people in the United States of America. S. has traditionally been governed by the common law rule of "at-will employment," meaning that an employment relationship could be terminated by either party at any time for any reason or without a reason. At-will employment is a doctrine of American law that defines an Employment relationship in which either party can break the relationship with no liability provided Termination of employment is the end of an Employee 's duration with an Employer. This is still true today in most states. However, starting in 1941, a series of laws prohibited certain discriminatory firings. That is, in most states, absent an express contractual provision to the contrary, an employer can still fire an employee for no or any reason, as long as it isn't an illegal reason (which includes a violation of public policy). A policy is a deliberate plan of action to guide decisions and achieve rational outcome(s
In 1941, Executive Order 8802 (or the Fair Employment Act) became the first law to prohibit racial discrimination, although it only applied to the national defense industry. Executive Order 8802 (also known as the Fair Employment Act) was signed by President Franklin D List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that Later laws include Title VII of the Civil Rights Act of 1964 (and amendments), Title I of the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and numerous state laws with additional protections. Origins The bill was introduced by President John F Kennedy in his civil rights speech of June 11 1963, in which he asked for legislation "giving The Americans with Disabilities Act of 1990 (ADA is the short title of United States ( codified at et seq Parental leaveThe Family and Medical Leave Act of 1993 ( enacted February 5, 1993) is a United States Labor law allowing an employee to take The Fair Labor Standards Act regulates minimum wages and overtime pay for certain employees who work more than 40 hours in a work week. The Fair Labor Standards Act of 1938 ( FLSA, ch 676, June 25, 1938,) also called the Wages and Hours Bill, is United States federal While working an employee must work a minimum of two hours in a day. Cases of employment discrimination in the United States are most often subject to the jurisdiction of the Equal Employment Opportunity Commission, the federal commission responsible for the enforcement of the anti-discrimination laws. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination Once a case has been filed with the EEOC or similar state agencies with concurrent jurisdiction, employees have a right to remove the case to the courts with the permission of the agency, or in some instances, after the expiration of a set time period. Employment law cases are heard in state or federal courts, depending upon the issue, the size of the employer (the Civil Rights Act of 1964, for example, applies only to employers with 15 or more employees), and the litigation strategy of the plaintiff.
Contrary to popular intent, the Sherman Antitrust Act (1890) led to prosecution of unions as illegal combinations, but Section 6 of the Clayton Antitrust Act (1914) ended this practice by stipulating that unions shall not be "construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws. The Sherman Antitrust Act ( Sherman Act, July 2, 1890, ch 647,) was the first United States Federal statute to limit Cartels and The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The Clayton Antitrust Act of 1914 ( October 15[[ 914]] ch 323, codified at,) was enacted in the United States to add further substance to the U "
The National Labor Relations Act (the "Wagner Act") gives private sector workers the right to choose whether they wish to be represented by a union and establishes the National Labor Relations Board (NLRB) to hold elections for that purpose. The National Labor Relations Act (or Wagner Act) is a 1935 United States federal law that protects the rights of most workers in the Private sector The National Labor Relations Board (or NLRB) is an Independent agency of the United States Government charged with conducting As originally enacted in 1935, the NLRA, then also known as "the Wagner Act", makes it illegal for employers to discriminate against workers because of their union membership or retaliate against them for engaging in organizing campaigns or other "concerted activities", to form "company unions", or to refuse to engage in collective bargaining with the union that represented their employees. Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers
The Taft-Hartley Act (also the "Labor-Management Relations Act"), passed in 1947, loosened some of the restrictions on employers, changed NLRB election procedures, and added a number of new limitations on unions. The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act The Act, among other things, prohibits jurisdictional strikes and secondary boycotts by unions, and authorizes individual states to pass "right to work laws", regulates pension and other benefit plans established by unions and provides that federal courts have jurisdiction to enforce collective bargaining agreements. A secondary boycott is an attempt by labor to convince others to stop doing business with a particular firm because that firm does business with another firm that The Right to work is the concept that people have a human right to work and may not be prevented from doing so Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers
The United States Congress subsequently tightened those restrictions on unions in the Labor Management Reporting and Disclosure Act of 1959, which also regulates the internal affairs of all private sector unions, providing for minimum standards for unions' internal disciplinary proceedings, federal oversight for unions' elections of their own officers, and fiduciary standards for union officers' use of union funds. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Labor Management Reporting and Disclosure Act (or LMRDA) also known as the Landrum-Griffin Act (for its sponsors Democrat Phil Landrum and Republican fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal Congress has since expanded the NLRB's jurisdiction to health care institutions, with unique rules governing organizing and strikes against those employers. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses
The NLRA does not, on the other hand, cover governmental employees, with the exception of employees of the United States Postal Service, a quasi-public entity. The Federal Labor Relations Act provides for much more limited rights for employees of the federal government; Congress has, moreover, excluded a number of these workers in the United States Department of Homeland Security and elsewhere from even these limited protections. The Federal Labor Relations Act of 1978 (FLRA is a federal law which establishes collective bargaining rights for most employees of the federal government in the United States
Federal law does not provide employees of state and local governments with the right to organize or engage in union activities, except to the extent that the United States Constitution protects their rights to freedom of speech and freedom of association. The Constitution of the United States of America is the supreme Law of the United States. The Constitution provides even less protection for governmental employees' right to engage in collective bargaining: while it bars public employers from retaliating against employees for forming a union, it does not require those employers to recognize that union, much less bargain with it.
Most states provide public employees with limited statutory protections; a few permit public employees to strike in support of their demands in some circumstances. Some states, however, particularly in the South, make it illegal for a governmental entity to enter into a collective bargaining agreement with a union. The Southern United States &mdashcommonly referred to as the American South, Dixie, or simply the South &mdashconstitutes a large distinctive
The NLRA does not cover agricultural or domestic employees. A few states have enacted labor laws similar to the NLRA covering farm workers.
Finally, the NLRA does not cover employees in the railroad and airline industries. Those workers are covered by the Railway Labor Act, first passed in 1926, then amended in 1936 to cover airline employees. The Railway Labor Act is a United States federal law that governs Labor relations in the railway and Airline industries The RLA creates a wholly different structure for resolving labor disputes, requiring bargaining under indirect governmental supervision and permitting strikes only in limited circumstances.
The Norris-LaGuardia Act of 1932 outlawed the issuance of injunctions in labor disputes by federal courts. The Norris-La Guardia Act (also known as the Anti-Injunction Bill) of 1932 was a United States federal law that made Yellow-dog contracts An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from While the Act does not prevent state courts from issuing injunctions, it ended what some observers called "government by injunction", in which the federal courts used injunctions to prevent unions from striking, organizing and, in some cases, even talking to workers or entering certain parts of a state. Roughly half the states have enacted their own version of the Norris-LaGuardia Act.
For the most part the NLRA and RLA displace state laws that attempt to regulate the right to organize, to strike and to engage in collective bargaining. The NLRB has exclusive jurisdiction to determine whether an employer has engaged in an unfair labor practice and to decide what remedies should be provided. In United States Labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act States and local governments can, on the other hand, impose requirements when acting as market participants, such as requiring that all contractors sign a project labor agreement to avoid strikes when building a public works project, that they could not if they were attempting to regulate those employers' labor relations directly.
The Fair Labor Standards Act of 1938 (FLSA) establishes minimum wage and overtime rights for most private sector workers, with a number of exemptions and exceptions. The term real wages refers to wages that have been adjusted for Inflation. The Fair Labor Standards Act of 1938 ( FLSA, ch 676, June 25, 1938,) also called the Wages and Hours Bill, is United States federal Congress amended the Act in 1974 to cover governmental employees, leading to a series of United States Supreme Court decisions in which the Court first held that the law was unconstitutional, then reversed itself to permit the FLSA to cover governmental employees. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary.
The FLSA does not preempt state and local governments from providing greater protections under their own laws. A number of states have enacted higher minimum wages and extended their laws to cover workers who are excluded under the FLSA or to provide rights that federal law ignores. Local governments have also adopted a number of "living wage" laws that require those employers that contract with them to pay higher minimum wages and benefits to their employees. The federal government, along with many state governments, likewise require employers to pay the prevailing wage, which typically reflects the standards established by unions' collective bargaining agreements in the area, to workers on public works projects.
The Employee Retirement Income Security Act establishes standards for the funding and operation of pension and health care plans provided by employers to their employees. The Employee Retirement Income Security Act of 1974 ( ERISA) ( is an American federal statute that establishes minimum standards for pension plans in private The ERISA preempts most state legislation that attempts to regulate how such plans are administered and, to a great extent, what types of health care coverage they provide. ERISA also preempts state law claims that an employer discriminated against employees in order to prevent them from obtaining the benefits they would have earned otherwise or to retaliate against them for asserting their rights.
The Family and Medical Leave Act, passed in 1993, requires employers to provide workers with twelve weeks of unpaid medical leave and continuing medical benefit coverage in order to attend to certain medical conditions of close relatives or themselves. Parental leaveThe Family and Medical Leave Act of 1993 ( enacted February 5, 1993) is a United States Labor law allowing an employee to take Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) Many states have comparable statutory provisions; some states have offered greater protections.
The Occupational Safety and Health Act, signed into law in 1970 by President Richard Nixon, creates specific standards for workplace safety. The Occupational Safety and Health Act is the primary federal law which governs Occupational health and safety in the private sector and federal government in the The Act has spawned years of litigation by industry groups that have challenged the standards limiting the amount of permitted exposure to chemicals such as benzene. Benzene, or benzol, is an organic Chemical compound and a known Carcinogen with the molecular formula C 6 H 6 The Act also provides for protection for "whistleblowers" who complain to governmental authorities about unsafe conditions while allowing workers the right to refuse to work under unsafe conditions in certain circumstances. The Act allows states to take over the administration of OSHA in their jurisdictions, so long as they adopt state laws at least as protective of workers' rights as under federal law. More than half of the states have done so.
While Congress passed laws barring racial discrimination by private employers in 1866 with the Civil Rights Act of 1866, the Supreme Court's decision in the Civil Rights Cases made that Act a dead letter for nearly a century. In the United States, Employment discrimination is prohibited by a collection of state and federal Laws as well as by ordinances of counties and municipalities Origins The bill was introduced by President John F Kennedy in his civil rights speech of June 11 1963, in which he asked for legislation "giving The Civil Rights Cases, 109 US 3 ( 1883) were a group of five similar cases consolidated into one issue for the United States Supreme Court Congress adopted limited prohibitions against racial discrimination by defense contractors during World War II, but no general prohibition against employment discrimination until it passed Title VII of the Civil Rights Act of 1964, which bars employment discrimination on the basis of race, gender, national origin and religion. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including Origins The bill was introduced by President John F Kennedy in his civil rights speech of June 11 1963, in which he asked for legislation "giving Congress amended that Act in 1972 to cover governmental employers, in 1981 to outlaw employment discrimination on the basis of pregnancy, and again in the Civil Rights Act of 1991 to overturn a number of decisions by the Supreme Court limiting employees' rights. The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions limiting the rights of employees
Congress has also protected the rights of workers over forty years of age in the Age Discrimination in Employment Act, passed in 1967, and the Americans with Disabilities Act of 1990. The Age Discrimination in Employment Act of 1967 Pub L No 90-202 81 Stat The Americans with Disabilities Act of 1990 (ADA is the short title of United States ( codified at et seq The Immigration Reform and Control Act of 1986 also provides narrow prohibitions against certain types of employment discrimination based on immigration status. The Immigration Reform and Control Act (IRCA also Simpson-Mazzoli Act (, signed by President Ronald Reagan on November 6, 1986
Title VII encourages states to pass their own anti-discrimination laws; most states outside the South have done so. A number of states and local governments have also enacted statutes that expand on the rights that federal law offers, either by offering greater remedies or broader protections, or have legislated in areas that federal law does not cover, such as discrimination based on sexual orientation or marital status. Sexual orientation is believed to refer to "an enduring pattern of emotional romantic and/or sexual attractions to men women or both sexes A person's marital status describes their relationship with a significant other
The states and the federal government have also enacted a welter of laws to protect whistleblowers; these statutes vary widely in what conduct is protected, what procedures must be followed to enforce the law and what remedies are provided. Public sector employees are also protected from retaliation by their employers for some forms of whistleblowing activities by the First Amendment to the United States Constitution. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress
While most state and federal laws start from the presumption that workers who are not covered by a collective bargaining agreement or an individual employment agreement are "at will" employees who can be fired without notice and for no stated reason, state and federal laws prohibiting discrimination or protecting the right to organize or engage in whistleblowing activities modify that rule by providing that discharge or other forms of discrimination are illegal if undertaken on grounds specifically prohibited by law. At-will employment is a doctrine of American law that defines an Employment relationship in which either party can break the relationship with no liability provided The Worker Adjustment and Retraining Notification Act (WARN Act is a United States labor law which protects employees their families and communities by requiring most employers In addition, a number of states have modified the general rule that employment is at will by holding that employees may, under that state's common law, have implied contract rights to fair treatment by their employers. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive US private-sector employees thus do not have the indefinite contracts (similar to US academic tenure) traditionally common in many European countries. Job security is the probability that an individual will keep his or her job; a job with a high level of job security is such that a person with the job would have a small chance Tenure commonly refers to life tenure in a job and specifically to a senior Academic 's Contractual right not to have their position terminated
Public employees in both federal and state government are also typically covered by civil service systems that protect them from unjust discharge. Public employees who have enough rights against unjustified discharge by their employers may also acquire a property right in their jobs, which entitles them in turn to additional protections under the due process clause of the Fourteenth Amendment to the United States Constitution. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first
The Worker Adjustment and Retraining Notification Act, better known by its acronym as the WARN Act, requires private sector employers to give sixty days' notice of large-scale layoffs and plant closures; it allows a number of exceptions for unforeseen emergencies and other cases. The Worker Adjustment and Retraining Notification Act (WARN Act is a United States labor law which protects employees their families and communities by requiring most employers Several states have adopted more stringent requirements of their own.
In 1959, California added the Division of Fair Employment Practices to the Department of Industrial Relations. The Department of Fair Employment and Housing (or DFEH is a branch of the California government intended to protect Civil rights. The year 1959 ( MCMLIX) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. The Fair Employment and Housing Act of 1980 gave the division its own Department of Fair Employment and Housing, with the stated purpose of protecting citizens against harassment and employment discrimination on the basis of:: age, ancestry, color, creed, denial of family and medical care leave, disability (including HIV/AIDS), marital status, medical condition, national origin, race, religion, sex, transgender and orientation. The Department of Fair Employment and Housing (or DFEH is a branch of the California government intended to protect Civil rights. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers Employment discrimination refers to discriminatory employment practices such as bias in hiring promotion job assignment termination and compensation and various types of It should be noted that sexual orientation was not specifically included in the original law but has been established based on case law. Sexual orientation is believed to refer to "an enduring pattern of emotional romantic and/or sexual attractions to men women or both sexes Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law In any case, protections outlined in the Fair Employment and Housing Act do not extend beyond the state of California.