United States labor law
United States labor law诡计的意思是什么 is the body of law that mediates the rights and duties of workers, employers and labor unions in the United States of America.Federal laws, such as the Fair Labor Standards Act, the National Labor Relations Act, the Civil Rights Act of 1964 and the Occupational Safety and Health Act t the standards that govern workers' rights to organize in the private ctor, and override most state and local laws. Usually there are more limited rights for employees of the federal government, but not state or local governments, where workers derive their rights from state law. Federal and state laws protect workers from employment discrimination, on grounds of race, gender喝小米粥会胖吗, religion,national origin and age. Federal law preempts most state statutes that would bar employers from discriminating against employees to prevent them from obtainingpensions or other benefits or retaliating against them for asrting tho rights.
Contents
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∙1 History
∙2 Contract and rights at work
o2.1 Contract of employment
o2.2 Scope of protection
o2.3 Wages regulation
o2.4 Pensions
o2.5 Health and safety
o2.6 Child care rights
o2.7 Income tax
o2.8 Civil liberties
∙3 Workplace participation
o3.1 Trade unions
o3.2 Right to organize
o3.3 Collective bargaining
o3.4 Collective action
∙4 Equality and discrimination
o4.1 Civil rights
o4.2 Justifications
o4.3 Affirmative action
o4.4 Free movement and immigration
∙5 Job curity
o5.1 Dismissal protections
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o5.2 Redundancies
o5.3 Unemployment
∙6 Labor law in individual states
o6.1 Laws restricting unions
diy花盆o6.2 California
∙7 Enforcement of rights
∙8 See also
∙9 Notes
∙10 References
∙11 External links
History[edit]
Main articles: History of labor law in the United States and Labor history of the United States
A man building the frame of theEmpire State Building at the start of the Great Depression in 1930.[2]
∙Indentured rvant
∙Commonwealth v. Pullis (1806), establishing that unions were criminal conspiracies in the Philadelphia Mayor's court
∙Commonwealth v. Hunt (1842), disapproving Pullis 单反怎么用in the Massachutts Supreme Judici
al Court, and establishing that unions were not necessarily criminal
∙Vegelahn v. Guntner, 167 Mass. 92 (1896)
∙Sherman Antitrust Act
∙Lochner v. New York, 198 US 45 (1905)
∙Loewe v. Lawlor 208 U.S. 274 (1908) or The Danbury Hatters' ca
∙Adair v. United States, 208 U.S. 161 (1908) upholding yellow dog contracts, banned by 二年级课本The Erdman Act of 1898 ction 10 on the railroads, until reverd by the Norris-LaGuardia Act
∙Commission on Industrial Relations (1915)
∙Adkins v. Children's Hospital, 261 U.S. 525 (1923) Supreme Court held a minimum wage for women and children in DC was unconstitutional
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 defen industry. Later laws include Title VII 白带发黄是什么原因of the Civil Rights Act of 1964 (and amendments), Title I of the Americans with Disabilities Act of 1990,[3] the Family and Medical Leave Act of 1993,[4] and numerous state laws with additional protections. The Fair Labor Standards Act[5] regulates minimum wages and overtime pay for certain employees who work more than 40 hours in a work week.
While working an employee must work a minimum of two hours in a day. Cas 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. Once a ca has been filed with the EEOC or similar state agencies with concurrent jurisdiction, employees have a right to remove the ca to the courts with the permission of the agency, or in some instances, after the expiration of a t time period. Employment law c
as are heard in state or federal courts, depending upon the issue, the size of the employer (the Civil Rights Act of 1964,[6] for example, applies only to employers with 15 or more employees), and the litigation strategy of the plaintiff.
Contract and rights at work[edit]
Contract of employment[edit]
See also: United States contract law
Scope of protection[丧尸是什么意思edit]
∙Dunlop Commission on the Future of Worker-Management Relations: Final Report (1994) recommended a unified definition of an employee under all labor laws
∙Inequality of bargaining power
∙United States v. Silk, 331 U.S. 704 (1947)
∙NLRB v. Hearst Pub's, Inc 322 U.S. 111 (1944) an employee under the National Labor Relations Act
∙Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318 (1992) employee under ERISA
∙Clackamas Gastroenterology Assocs. v. Wells, 538 U.S. 440 (2003) employee definition under the Americans with Disabilities Act
∙Lemmerman v. A.T. Williams Oil Co., 350 S.E.2d 83 (1986) under the North Carolina Workers' Compensation Act an eight year old boy was considered an employee, although employing children under the age of 8 was unlawful.
