Us Labor Laws

Labor laws are standard practices that all businesses, governments and organizations in America are expected to abide by. Understanding these laws and how they apply to the workplace can help workers know what their rights are on the job.

  1. History

    • U.S. labor laws have a long history based on the principal of at-will employment. That refers to the concept that the employer or employee can terminate the mutual employment agreement with or without cause. The basic principal still applies today, but other laws exist to regulate this relationship.

    Unions

    • The at-will doctrine can be superseded by a union contract in workplaces with collective-bargaining agreements. The laws that apply to the relationship between labor and management include the National Labor Relations Act (which makes it illegal to discriminate against workers for joining a union), the Taft Hartley Act (which allows states to pass right-to-work laws and sets guidelines for legal strikes) and the Labor Management and Disclosure Act (this regulates how unions are organized).

    Federal Laws

    • Because not every worker is protected by a collective-bargaining agreement, the federal government has intervened in the employer-employee relationship with legislation to ensure fairness in wages, benefits and working conditions. The federal laws that regulate these areas include the Fair Labor Standards Act (which regulates minimum wage and establishes overtime rules), the Employee Retirement Income Security Act (this creates standards for setting up as well as funding different retirement plans) and the Occupational Health and Safety Act (which sets safety standards for the workplace).

    State Laws

    • Federal laws set minimum standards that apply throughout the country. But different states and communities have created their own labor laws that go beyond the federal guidelines. For example, state labor laws mandate rest breaks, lunch breaks and other protective labor legislation.

    Loopholes

    • With all labor laws, some loopholes and exemptions apply. Many federal labor laws, including minimum wage laws, do not apply to state or municipal workers, farm workers and domestic workers. In those cases, state or local laws apply to these classes of workers.

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