US labor law establishes rights and obligations to employees, unions, and employers in the United States. The basic purpose of the labor law is to improve the "inequalities of bargaining power" between employees and employers, especially employers "governed in the form of associations of company or other ownership". During the 20th century, federal laws created minimum social and economic rights, and encouraged state legislation to go beyond the minimum to support employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $ 7.25 but higher in 28 states, and hampers an unhealthy working week for 40 hours through part-time overtime. There are no federal or state laws requiring paid holidays or paid family leave: The Family and Medical Leave Act of 1993 creates limited rights of up to 12 weeks of unpaid leave in larger companies. There is no automatic right to work pensions outside of the federally guaranteed social security, but the Employee Retirement Income Act of 1974 requires sound management standards and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees to have a secure work system.
A work contract can always create a better provision than the legal minimum. But to improve their bargaining power to get better requirements, employees set up unions for collective bargaining. The Clayton Act of 1914 guarantees everyone's right to organize, and the National Labor Relations Act of 1935 creates the right for the majority of employees to organize without prejudice through unfair labor practices. Under the Labor and Employment Management Reporting Act of 1959, trade union governments adhere to democratic principles. If the majority of employees in the workplace support unions, employing an entity has an obligation to bid in good faith. Unions can take collective action to defend their interests, including withdrawing their work to strike. There is no general right to participate directly in corporate governance, but many employees and unions have experimented with securing representation on the company board.
Since the Civil Rights Act of 1964, all hiring entities and unions have an obligation to treat employees equally, without discrimination based on "race, color, religion, gender, or national origin." There are separate rules for sex discrimination in payment under the Equal Payments Act of 1963. Additional groups with "protected status" are added by Age Discrimination in the Employment Act of 1967 and America with the Disabilities Act of 1990. There is no federal law ban sexual orientation or identity discrimination, but 22 countries have passed legislation by 2016. This equality law generally prevents discrimination in hiring, terms of employment, and exemption because the protected characteristics violate the law. There are no federal laws against unjust repatriation, and most states do not have laws with full protection against the wrong layoffs. Collective agreements made by trade unions and some individual contracts require that people only be dismissed for "cause". The Employment Adjustment and Reimbursement Act of 1988 requires employers to give 60 days notice if more than 50 or one third of the workforce can lose their jobs. Federal law aims to get full employment through monetary policy and spending on infrastructure. Trade policy has sought to place labor rights in international treaties, to ensure open markets in the global economy do not undermine a full and fair work.
Video United States labor law
Histori
The modern US labor law mostly comes from laws passed between 1935 and 1974, and changed the interpretation of the US Supreme Court. However, the law regulates the rights of people in the workplace and employers of the colonial era. Prior to the Declaration of Independence in 1776, general law was uncertain or hostile to labor rights. Unions are classified as conspiracy, and potentially criminal. It tolerates slavery and slavery is required. From the Pequot War in Connecticut from 1636 onwards, Native Americans were enslaved by European settlers. More than half of European immigrants arrive as prisoners, or in indentured slavery, where they are not free to leave their employer until the debt bond has been settled. Until its abolition, Atlantic slave trade brought millions of Africans to do forced labor in America. However, in 1772, the King's Bench English Court was held at Somerset v Stewart that slavery was considered unlawful in the common law. Charles Stewart from Boston, Massachusetts has bought James Somerset as a slave and brought him to England. With abolitionist assistance, Somerset fled and sued the habeas corpus warrant (that "holding his body" violated the law). Lord Mansfield, after declaring that he must "let justice be done no matter what the consequences", argues that slavery is "so disgusting" that no one can take "slaves by force to sell" for "any reason". This is a major complaint of the southern slave-owner country, leading to the American Revolution in 1776. The US census of 1790 recorded 694,280 slaves (17.8 percent) of a total of 3,893,635 inhabitants. After independence, the British Empire halted the Atlantic slave trade in 1807, and abolished slavery in its own territory, by paying slave owners in 1833. In the US, the northern states progressively abolished slavery. However, the southern states do not. In Dred Scott v Sandford The Supreme Court held by the federal government can not regulate slavery, and also that slave men have no legal right in court. The American Civil War was the result. The Proclamation of the Emancipation of President Lincoln in 1863 made the abolition of slavery a war goal, and the Thirteenth Amendment of 1865 perpetuated the abolition of slavery in the Constitution. Former slave owners were further prevented from holding people in forced slavery for debt by the Peonage Act of 1867. In 1868, the Fourteenth Amendment ensured equal access to justice, and the Fifteenth Amendment required everyone to have the right to vote. The Civil Rights Act of 1875 is also intended to ensure equality in access to housing and transport, but in the Civil Rights Case the Supreme Court finds it "unconstitutional", ensuring that racial segregation will continue. In disagreements, Harlan J says the majority left people "practically under the mercy of the corporation". Even if people are officially free, they remain dependent on the property owner for work, income, and basic services.
Like slavery, the general suppression of trade union law is slow to be released. In 1806, Commonwealth v Pullis argued that the Philadelphia shoemaker union that broke down for higher wages was an illegal "conspiracy", although the company - a combination of entrepreneurs - was legitimate. Unions are still formed and acting. The first trade union federation, the National Trades Union was established in 1834 to reach 10 hours of workday, but did not withstand the rising unemployment of the financial Panic of 1837. In 1842, Commonwealth v Hunt stated that > Pullis wrong, after the Boston Journeymen Bootmakers' Society attacked for higher wages. The first-level judge said the union would "unsafe the property, and make it a destroyer of the people, would destroy property, and involve the community in collective destruction". But in the Supreme Judicial Court of Massachusetts, Shaw CJ holds people "free to work for whom they like, or do not work, if they prefer" and can "agree together to exercise their recognized rights, in the best way to support their interests "This stops criminal cases, even though civil cases continue. In 1869 an organization called Laborer Knight was founded by a craftsman of Philadelphia, joining the 1874 miners, and urban traders from 1879. It aims for racial and gender equality, political education and cooperative enterprises, but supports the Alien Contract of Employment Act of 1885 suppressing workers who migrate to the US under contract work. The industrial conflicts in railroads and telegraphs from 1883 led to the foundation of the American Labor Federation in 1886, with the simple aim of increasing the wages of workers, housing and job security "here and now". It also aims to be the only federation, to create a strong and unified labor movement. Business reacts with litigation. The Sherman Antitrust Act of 1890, which is intended to enact business cartels acting in trade restrictions, applies to trade unions. In 1895, the US Supreme Court in Re Debs affirmed an order, based on the Sherman Act, against striking workers at the Pullman Company. Striker leader Eugene Debs was put in jail. In a famous disagreement among the judiciary, Holmes J argues in Vegetn v Guntner that every union take collective action in good faith is lawful: even if a strike causes economic losses, it is equally legitimate as an economic loss from a competing company. one another. Holmes J was appointed to the US Supreme Court, but again a minority in labor rights. In 1905, Lochner v New York declared that New York limiting the baker's day to 60 hours a week violated the freedom of employer's contract. The majority of the Supreme Court should disclose this "right" in the Fourteenth Amendment, that no State should "rob anyone of life, liberty or property, without due process of justice." With Harlan J, Holmes J disagrees, arguing that "the constitution is not meant to embody certain economic theories" but is "made for people from fundamentally different views". On the question of social and economic policy, the court should never state the law "unconstitutional". The Supreme Court, however, accelerated its attack on the workforce at Loewe v. Lawlor , states that the triple damage was paid by the union to his employers under the Sherman Act of 1890. This line of case was ultimately overturned by Clayton's Law of 1914 秧6. This removes the work of antitrust laws, asserting that "human labor is not a commodity or a trade article" and there is no "in antitrust law" prohibiting the operation of the labor organization "for the purpose of mutual help".
Throughout the early 20th century, countries imposed labor rights to advance social and economic progress. But despite Clayton's law, and employer abuse documented by the Industrial Relation Commission of 1915, the Supreme Court hit laborers' rights down as unconstitutional, leaving management power barely accountable. In this Lochner era, the Court ruled that employers may force workers not to become unionized members, that minimum wages for women and children are void, that states can not prohibit labor agents from charging for work , that workers can not attack solidarity with colleagues from other companies, and even that the federal government can not prohibit child labor. He also imprisoned a socialist activist, who opposed the battle in World War One, meaning that Eugene Debs was running for the presidential candidate for the President in 1920 from prison. Critically, the courts are making state and federal efforts to create social security to be unconstitutional. Since they can not save in a secure public pension, millions of people buy shares in the company, causing huge growth in the stock market. Because the Supreme Court blocks rules for good information about what people are buying, corporate promoters trick people into paying more than really valuable shares. The Wall Street Crash of 1929 erased the savings of millions of people. Businesses lost investment and fired millions of workers. Unemployed people have less to spend with business. Business fired more people. There was a downward spiral into the Great Depression. This led to the election of Franklin D. Roosevelt for the President in 1932, which promised "New Deal". The Government is committed to creating full employment and the social and economic rights system enshrined in federal law. But despite the remarkable electoral victory of the Democratic Party, the Supreme Court continues to impose legislation, in particular the National Industrial Recovery Act of 1933, which governs companies in an effort to ensure a fair wage and prevent unhealthy competition. Finally, after Roosevelt's second major victory in 1936, and Roosevelt's threat to create more judicial positions if his laws were not enforced, a Supreme Court judge switched positions. In the West Coast Hotel Co v Parrish The Supreme Court found that minimum wage laws are constitutional, allowing the New Deal to continue. In labor law, the 1935 National Labor Relations Act guarantees every employee the right to associate, collectively bargain for fair wages, and take collective action, including solidarity with employees of other companies. The Fair Labor Standards Act of 1938 created the right to a minimum wage, and part-time overtime if employers asked people to work more than 40 hours a week. The Social Security Act of 1935 grants everyone the right to basic pensions and to receive insurance if they are unemployed, while the Securities Act of 1933 and the Securities Exchange Act of 1934 ensure buyers of securities in the capital market have good information. The Davis-Bacon Act of 1931 and the Walsh-Healey Public Contracts Act of 1936 requires that in federal contracts all employers pay their workers on a fair, below the minimum wage, at applicable local rates. To achieve full employment and get out of the depression, the Emergency Relief Emergency Act of 1935 allows the federal government to spend large sums of money on building and creating jobs. This accelerated as World War II began. In 1944, his health faded, Roosevelt urged Congress to work towards the "Second Bill of Rights" through legislative action, because "unless there is security here at home there can be no lasting peace in the world" and "we will surrender to the spirit of Fascism here at home. "
Although the New Deal has created a minimum safety net of labor rights, and aims to enable fair payments through collective bargaining, a Republican-dominated Congress rebels when Roosevelt dies. Against President Truman's veto, the Taft-Hartley Act of 1947 limits trade union rights to take solidarity action, and allows states to ban unions that require everyone in the workplace to become union members. A series of Supreme Court decisions, which the 1935 National Labor Relations Act not only creates minimum standards, but stops or "precedes" states that allow for better union rights, although there is no such provision in the law. Trade unions are extensively regulated by the Labor Reporting and Disclosure Act of 1959. Post-war prosperity has improved people's living standards, but most unionized workers, or job security rights remain vulnerable to unemployment. As well as the crisis triggered by Brown v Board of Education, and the need to dismantle segregation, the loss of jobs in agriculture, especially among African Americans is the main reason for the civil rights movement, culminating in months March. in Washington for Jobs and Freedom led by Martin Luther King Jr.. Although Roosevelt's Executive Order 8802 of 1941 has banned racial discrimination in the national defense industry, people are still discriminated against because of their skin color in other workplaces. In addition, although the number of working women is increasing, sex discrimination is endemic. The Government of John F. Kennedy introduced the Equal Payments Act of 1963, which requires equal payments to women and men. Lyndon B. Johnson introduced the Civil Rights Act of 1964, which ultimately prohibited discrimination against people because of "race, color, religion, gender, or national origin." Slowly, a new generation of the same law of rights spreads. At the federal level, this includes Age Discrimination in the Employment Act of 1967, the 1978 Pregnancy Discrimination Act, and the United States with the Disabilities Act of 1990, which is now overseen by the Commission of Employment Opportunities.
Although people, in the limited field, can claim to be treated equally, fair mechanisms of payment and treatment were dismantled after the 1970s. The last major labor law legislation, the Employees Retirement Income Act of 1974 created the right to a well-regulated employment pension, even if only at the place where the employer has promised to provide it: this usually depends on collective bargaining by the union. But in 1976, the Supreme Court at Buckley valeo held anyone able to spend an unlimited amount of money on political campaigns, apparently as part of the First Amendment, the right to "free speech". From this point on, big business can lobby all politicians to stop the further development of labor rights. After the President of the Reagan Republic took office in 1981, he dismissed all air traffic control staff who went on strike for a fair wage, and replaced members of the National Labor Relations Board with pro-management men. Dominated by people appointed by the Republican Party, the Supreme Court suppresses labor rights, wipes out the rights of professors, teachers of religious schools, or undocumented migrants to organize in unions, allows employees to be searched at work, and eliminates the rights of employees to prosecute medical malpractice within their own. health. Only limited regulatory changes are made. The 1986 Immigration Control and Reform Act criminalizes large numbers of migrants. The Employment Adjustment and Supervision Regulations of 1988 guarantees the workers several notices prior to the mass cessation of their work. The Family and Medical Leave Act of 1993 guarantees the right to only 12 weeks of leave to care for children after birth, all unpaid. The Small Business Employment Protection Act of 1996 cut the minimum wage, allowing employers to take tips from their staff to subsidize the minimum wage. A series of proposals by Democrats and independent politicians to advance labor rights are not enforced, and the United States begins to fall behind all other developed countries in labor rights, with stagnant real income growth, and lower human development, life expectancy lower, and higher poverty.
Maps United States labor law
Contract and rights at work
Contracts between employees and employers (mostly companies) usually start working relationships, but are often insufficient for a decent livelihood. Because individuals do not have bargaining power, especially against wealthy companies, labor laws create legal rights that override unfair market outcomes. Historically, the law faithfully upholds the right of ownership and freedom of contract on any condition, even if it is inefficient, exploitative and unjust. At the beginning of the twentieth century, as more and more people liked the introduction of democratically and democratically defined economic rights over property rights and contracts on unequal markets, state and federal governments introduced legal reform. First, the Fair Labor Standards Act of 1938 created a minimum wage (now $ 7.25 at the federal level, higher in 28 states) and one and a half overtime pay. Secondly, the Family and Medical Leave Act of 1993 creates a very limited right to take unpaid leave. In practice, a good employment contract raises this minimum. Thirdly, while there is no right to work pensions or other benefits, the 1974 Employee Pension Benefits Act ensures employers guarantee such benefits if promised. Fourth, the Occupational Safety and Health Act 1970 requires a safe working system, supported by professional inspectors. Individual countries are often empowered to exceed the federal minimum, and serve as a democratic laboratory in social and economic rights, where they are not limited by the US Supreme Court.
Protection coverage
General laws, state and federal laws usually grant workers rights to "employees", but are not autonomous and have sufficient bargaining power to become "independent contractors". In 1994, the Dunlop Commission on the Future of Worker-Management Relations: Final Report recommended an integrated definition of employees under all federal labor laws, to reduce litigation, but this was not implemented. As it stands, the cases of the Supreme Court have stated general principles, which will apply in accordance with the context and purpose of the law concerned. In NLRB v Hearst Publications, Inc. , newsboys who sell newspapers in Los Angeles claim that they are "employees", so they have the right to bargain collectively under the 1935 National Labor Relations Act. Newspaper companies argue that newspaper workers are "independent contractors," and they are not obliged to bid in good faith. The Supreme Court that organizes the newsboy is an employee, and the general labor law test, in particular the summary in the Legal Statement, Second §220, is no longer appropriate. They are not "independent contractors" because of the degree of control the employer has. But the National Labor Relations Board can decide for itself who it is if it has a "reasonable legal basis." Congress reacts, first, by explicitly altering NLRA §§2 (1) so that independent contractors are exempt from the provisional law; second, it does not agree that the general law is irrelevant. At the same time, the Supreme Court ruled that "economic reality" should be taken into account when deciding who is an employee under the Social Security Act of 1935. This means the coal loader group is employees, taking into account their economic position, including the lack of bargaining power, the degree of discretion and control, and the risks they incur compared to the coal business they work for. Instead, the Supreme Court found truckers who owned their own trucks, and provided service to the carrier company, were independent contractors. Thus, it is now accepted that some traditional customary law testing factors can not be replaced if a law does not provide further definition of "employee" (as usual, for example, the Fair Labor Standards Act of 1938, the Law on Retirement Income Employee from 1974, Family and Medical Leave Act of 1993). In addition to the purpose of labor legislation to reduce inequal bargaining power and improve the economic reality of workers' positions, several factors found in the Body Return Statement should be considered, although nothing needs to be determined.
Test the common legal entity about who the "employee" takes into account the control of the employer, if the employee is in a different business, the level of direction, the skills, the equipment supply, the length of service, the payment method, the regular business of the employer, what the trustee believes, The employer has a business. Some laws also make special exceptions that reflect general law, such as for independent contractors, and others make additional exceptions. In particular, the National Labor Relations Act of 1935 §2 (11) excludes the supervisor by "authority, in the interest of the employer", to impose discretion on the work and provisions of other employees. This was originally a narrow exclusion. Controversially, within 5 Years of the Supreme Court, the 5-to-4 majority of the Supreme Court states that full-time professors at the university are excluded from collective bargaining rights, based on the theory that they carry out "managerial" policies on academic matters. The disagreeing judge indicates that management is actually in the hands of the university administration, not the professor. In NLRB v Kentucky River Community Care Inc , the Supreme Court held, again 5 to 4, that six registered nurses exercising oversight status over another fell into "professional" exemption. Stevens J, for dissent, argued that if the "boss" was interpreted too broadly, "regardless of the purpose of the Act, the protection" was effectively aborted. "Similarly, under the 1938 Fair Labor Standards Act, in Christopher v SmithKline Beecham Corp., the Supreme Court held 5 to 4 that a mobile medical salesman for a four-year GSK was an "outside seller", and so could not claim overtime.An unlawful person was often regarded as closed, employers to exploit vulnerable employees eg Lemmerman v AT Williams Oil Co under the North Carolina Workers Compensation Act, the eight-year-old boy is protected as an employee, even though children working under the age of 8 year is unlawful, but in Hoffman Plastic Compound v NLRB , the Supreme Court held 5 to 4 that an undocumented worker can not m claims to pay back, after being issued to organize in trade unions. The gradual withdrawal of more and more people from the scope of labor law, by the slim majority of the Supreme Court since 1976, means that the US is under international legal standards, and standards in other democratic countries, on core labor rights, including freedom of association.
General law testing is often important to determine who, not just the employee, but the relevant employer who has "representative responsibility". Potentially there can be many, combined entrepreneurs who can share responsibility, although liability in lawsuits can exist apart from the employment relationship. In the Ruiz v Shell Oil Co., the Fifth Circuit states that it is relevant that the employer has greater control, whose work is being done, whether there is an agreement in place, which provides the tools, has the right to release the employee, or has obligation to pay. At Local 217, Hotel & amp; Restaurant Employees Union v MHM Inc appeared a question under the Employment and Supervisory Counseling Act 1988 whether a subsidiary or parent company is responsible for informing employees that the hotel will be closed. Second Circuit holding subsidiary is the employer, although the court has found the responsible parent when recording a subsidiary will be the employer under NLRA. Under the Fair Labor Standards Act of 1938, 29 USC Ã,§203 (r), any "company" under common control shall be counted as a hiring entity. Other laws do not explicitly adopt this approach, although the NLRB has found the company to be an employer if it has "substantially identical management, business objectives, operations, equipment, customers and oversight." At South Prairie Construction Co v. No. 627 , the Supreme Court found that the DC Circuit had legally identified two companies as a single employer given that they had "a very large qualitative level of centralized worker control", but further determination of the relevant negotiating unit must have been sent to the NLRB. When employees are employed through an agency, it is likely that the final entrepreneur will be held accountable for legal rights in many cases, even though the agency may be considered a co-employer. Work contract
When people start working, almost always there are employment contracts that govern employee relations and employing entities (usually corporations, but sometimes humans). "Contract" means the treaty applicable in law. Very often it can be written, or signed, but an oral agreement is also a fully executable contract. For the reason that the party having bargaining power less than has an acceptable range of contracts is limited to the set that has been examined to exclude exploitative alleged terms, and the fact that employees have unequal bargaining power for almost all employing entities, most contract work is a "standard form". Most terms and conditions are photocopied or reproduced for many people. Original negotiations are rare, unlike in commercial transactions between two business firms. This has been a major justification for the passage of rights in federal and state law. The federal right to collective bargaining, by the union chosen by its employees, is intended to reduce the inherently inherent bargaining power of the individual against the organization to make collective agreements. The federal right to get a minimum wage, and an increase in overtime pay to work more than 40 hours a week, is designed to ensure "the minimum standard of living required for the health, efficiency and general welfare of workers", even when one can not get high enough wages individual bargain. These and other rights, including family leave, the right to discrimination, or basic job security standards, are designed by the United States Congress and state legislatures to replace individual contractual provisions. The right of the law overrides even the written written terms of the contract, usually unless the contract is more beneficial to the employee. Some federal laws also envisage that the legal rights of the state can improve minimum rights. For example, the Fair Labor Standards Act of 1938 entitled states and cities to set minimum wages beyond the federal minimum. In contrast, other legislation such as the National Labor Relations Act of 1935, the Occupational Safety and Health Act of 1970, and the 1974 Employee Retirement Employees Act, have been interpreted in a series of concurrent decisions by the US Supreme Court to " "the enactment of state laws. This interpretation has the effect of "continuing to experiment in social and economic matters" and to stop countries who want to "serve as laboratories" by increasing labor rights. Where minimum entitlements do not exist in federal or state laws, the principles of contract law, and possible lawsuits, shall apply.
Apart from the terms of the oral or written agreement, the term may be incorporated by reference. The two main sources are mutual agreement and corporate handbook. In a JI Case Co v National Labor Relations Board a company working argument should not bargain in good faith with unions, and not engage in unfair labor practices by refusing, as it was recently this is signed an individual contract with its employees. The US Supreme Court declared unanimously that the "objective" of collective bargaining and the 1935 National Labor Relations Act was "to replace the terms of separate employee agreements with terms that reflect the strength and bargaining power and serve the welfare of the group". The terms of the collective agreement, for the benefit of each employee, therefore replace the individual contract. Similarly, if a written contract states that the employee has no rights, but an employee has been told that they are doing so by a supervisor, or the rights are guaranteed in the company's handbook, they will usually have a claim. For example, at Torosyan v Boehringer Ingelheim Pharmaceuticals, Inc. , the Connecticut Supreme Court stated that a pledge in a handbook that an employee may be dismissed for a good (or "just cause") reason binding on a company hire. Furthermore, an employer has no right to change the terms unilaterally. Most of the courts of other states have reached the same conclusion that contracts can not be changed except for employee benefits, without new consideration and true agreement. In contrast, a small majority in the California Supreme Court, appointed by the governor of the Republic, held at Asmus v Pacific Bell that a company's policy of unlimited duration may be changed after a reasonable time with reasonable notice, personal benefits. The four different judges, appointed by the Democrat governors, declared that this was "an unfair, indecent outcome, - allowing an employer who promised ongoing job security... to deny that promise to impunity a few years later". In addition, the basic term good faith that can not be ignored, implied by general law or equality in all states. This usually requires, as a general principle that "no party will do anything, which will have the effect of destroying or injuring the rights of others, to receive the fruit of the contract". The term good faith persists throughout the working relationship. It has not been used extensively by state courts, compared to other jurisdictions. The Supreme Court of Montana has acknowledged that extensive reparations and even penalties may be available for breach of reasonable employee expectations. Yet others, such as the Supreme Court of California restrict the restoration of damages to breach of contract, but are not damaging in connection with termination of employment. In contrast, in Britain the requirement for "good faith" has been found to limit the power of dismissal except for just cause (but not against the law), in Canada it can limit unfair dismissal as well to self-employed people, and in Germany it can prevent wage payments well below the average.
Finally, it is traditionally assumed that the arbitration clause can not replace any work rights, and therefore restrict access to the courts in public court. However, within 14 Penn Plaza LLC v. Pyett , in decisions 5 to 4 under the Federal Arbitration Act of 1925, the individual employment contract arbitration clauses shall be enforced in accordance with their terms. The four different judges argued that this would eliminate rights in a way that was never intended by law.
Wages and pay
Although contracts often determine wages and terms of employment, the law refuses to enforce contracts that do not comply with the basic standards of fairness for employees. Today, the Fair Labor Standards Act of 1938 aims to create a national minimum wage, and voice in the workplace, especially through collective bargaining, must reach a fair wage. More and more laws also govern executive salaries, although the "maximum wage" regulatory system, for example by the former Stabilization Act of 1942, is currently not applicable. Historically, the law actually suppressed wages, not high wages, by ordinary workers. For example, in 1641 the Massachusetts Bay Colony legislature (dominated by property owners and the official church) required wage reductions, and said wage increases "tend to undermine the Churches and Commonwealth". At the beginning of the twentieth century, democratic opinion required everyone to have a minimum wage, and could bare a fair wage beyond the minimum wage. But when countries try to introduce new laws, the US Supreme Court considers them unconstitutional. The right to freedom of contract, arguing the majority, may be interpreted from the protection of the Fifth and Fourth Amendments against the loss of "life, liberty, or property, without due process of justice". The denying judge believes that the "legal process" does not affect the legislative power to create social or economic rights, because employees "are not on the full degree of equality of choice with their employers".
After Wall Street Crash, and New Deal with Franklin D. Roosevelt's election, the majority in the US Supreme Court changed. In West Coast Hotel Co v Parrish Hughes CJ was held (more than four disagreeing parties still argue for Freedom of Contract) that Washington's law establishing minimum wages for women is constitutional because legislative states should be enabled to adopt legislation in the public interest. This ended the era of "Lochner", and Congress enacted the Fair Labor Standards Act of 1938. Under Ã, §202 (a) the federal minimum wage aims to ensure "the necessary standard of living for health, efficiency and general welfare ". Under Ã,§207 (a) (1), most employees (but with many exceptions) who work more than 40 hours a week should receive 50 percent more overtime for their hourly wage. No one may pay less than the minimum wage, but under Ã,§218 (a) states and municipalities may impose a higher wage. This is often done to reflect the productivity and local requirements for decent living in each region. But the federal minimum wage does not have an automatic mechanism to update with inflation. Because Republicans have opposed raising wages, the real federal minimum wage is more than 33 percent lower today than it was in 1968, among the lowest in the industrial world.
Although there is a federal minimum wage, it has been restricted in (1) the scope of who it covers, (2) the time that counts to calculate the hourly minimum wage, and (3) the amount that employers can take from their employee tips or cut costs. First, five US Supreme Court judges held at Alden v Maine that federal minimum wage is not applicable to state government employees unless the country has agreed, as it would violate the eleventh Change. Souter J, joins three different judges, stating that there is no such "sovereign immunity" in the eleventh Amendment. Twenty-eight states, however, do have a statutory minimum wage higher than the federal level by 2016. Subsequently, since the US Constitution, chapter one, chapter 8, clause 3 only allows the federal government to "regulate Trade... among some States, "employees of any" company "under $ 500,000 making goods or services that do not enter a trade are not covered: they must rely on state minimum wage laws. FLSA 1938 Ã,§203 (s) explicitly excludes companies whose employees are only close family members. Under Ã,§213 minimum wage may not be paid to 18 categories of employees, and pay overtime to 30 categories of employees. This includes under Ã, §213 (a) (1) an executive, administrative, or professional capacity "bona fide" bona fide "employee. At Auer v Robbins police sergeant and lieutenant at St. Police Department. Louis, Missouri stated that they should not be classified as executives or professional employees, and should earn overtime. Scalia J states that, following the guidance of the Department of Labor, the St. Lawrence Commissioners. Louis reserves the right to release them. This has encouraged employers to try to define staff as more "senior" and keep them working longer while avoiding overtime pay. Other exceptions in Ã,§213 (a) (15) are for persons "employed in domestic service work to provide friendship services". In Long Island Care at Home Ltd v Coke , a company claims an exception, although Breyer J for the court unanimously agrees with the Department of Labor that it is only intended for caregivers in private homes.
Secondly, since Ã,§206 (a) (1) (C) says the minimum wage is $ 7.25 per hour, the court has grappled with hours counted as "working". The early cases determined that the passage of time to the workplace was not counted as a job, unless controlled by, requested by, and for the benefit of the employer, such as traveling through coal mines. For example, at Anderson v Mount Clemens Pottery Co a majority of five to two judges are of the opinion that employees must be paid to walk long distances to work through the Planter Mount Clemens Pottery Co. facility. According to current Murphy J, and the time of building workstations, involved "the exertion of physical properties, controlled or required by employers and pursuing of course and especially for the benefit of employers." In Armor & amp; Cov Wantock firefighters claimed they had to be paid in full when calling at their station for a fire. The Supreme Court states that, although firefighters can sleep or play cards, because "[r] greed to serve can be employed just like the service itself" and the waiting time of the call is "benefit to the employer". By contrast, in 1992, the Sixth Circuit controversially argued that it is rarely available by telephone or pager, where movement is not restricted, does not work. The time spent on unusual cleaning, such as showering toxic substances, counts as work time, and so does the time of wearing special protective gear. Under Ã, §207 (e) the pay for overtime should be one and a half times the regular salary. In Walling v Helmerich and Payne Inc, the Supreme Court stated that employers' schemes pay lower wages in the morning, and higher wages in the afternoon, to suggest that overtime only needs to be calculated above (lower) morning wages are against the law. Overtime should be calculated based on average regular payments. However, at Christensen v Harris County six Supreme Court judges stated that police in Harris County, Texas could be forced to use their "compensation time" accumulation (allowing full pay breaks) before claiming overtime. Writing for dissent, Stevens J says the majority has been misinterpreted Ã,§207 (o) (2), which requires "agreement" between employer, union or employee on the prevailing rules, and the Texas police disagree. Third, Ã, §203 (m) allows an employer to deduct the amount of wages for food or "exclusively equipped" housing for employees. The Secretary of Labor may determine what is considered fair value. The most problematic, outside of the state that has banned the practice, they can deduct the money from the "ending employees" for money over "the cash wage to be paid to such employees on August 20, 1996" - and this is $ 2.13 per hour. If an employee does not get enough tips, the employer should still pay the minimum wage of $ 7.25. But this means in many countries, tips are not directed at workers: tips are taken by employers to subsidize low pay. Under FLSA 1938 Ã,§216 (b) - (c) The Secretary of State may enforce the law, or the individual may claim on their own behalf. Federal enforcement is rare, so most employees succeed if they are in a union. The Consumer Credit Protection Act of 1968 limits the employer's garnishments to 25 percent of wages, although many countries are much more protective. Finally, under the Portal to Portal Act of 1947, where Congress limits minimum wage laws in various ways, Ã,§254 puts a two year deadline to enforce a claim, or three years if the employing entity is guilty of intentional infringement.
Working time and family care
People in the United States work among the longest hours per week in the industrialized world, and have the fewest annual leave. The Universal Declaration of Human Rights 1948 article 24 states: "Everyone shall have the right to rest and relax, including reasonable limitation of working hours and periodic holidays for payment." However, no federal or state laws require annual paid leave. Title 5 of the United States Code Ã,§§§§§6103 establishes ten public holidays for federal government employees, and stipulates that holidays will be paid. Many countries do the same, but there is no state law that requires private sector entrepreneurs to provide paid holidays. Many private companies follow federal and state government norms, but the right to annual leave, if any, will depend on mutual agreement and individual employment contracts. State law proposals have been made to introduce paid annual leave. A Washington Bill of 2014 from United States Board of Representatives, Gael Tarleton will require at least 3 weeks paid vacation each year to employees in the business of more than 20 staff, after 3 years of work. Under the International Labor Organization's Holidays with the 1970 Payment Convention, three weeks is the minimum wage. Bill did not receive enough votes. In contrast, employees in all EU countries have the right to at least 4 weeks (ie 28 days) of paid annual leave each year. In addition, there are no federal or state laws that limit the length of the working week. In contrast, the Fair Labor Standard Act of 1938 §207 creates financial disincentives for longer working hours. Under the heading "Maximum hour", Ã,§207 states that time and half payments must be given to employees who work more than 40 hours a week. However, do not set actual limits, and there are at least 30 exceptions for categories of employees who do not receive overtime pay. Shorter working hours are one of the original demands of the labor movement. From the first decade of the 20th century, collective bargaining resulted in the practice of having, and the word for, "weekend" two days. The state regulation to limit the working hours, however, was suppressed by the US Supreme Court at Lochner v New York . The State Legislature of New York passed the Bakeshop Act of 1895, which limits bakery work to 10 hours a day or 60 hours a week, to improve the health, safety and living conditions of the community. Having been prosecuted for making his staff work longer in Utica, Mr Lochner claims that the law violates the Fourteenth Amendment on "legal proceedings". Despite differences of opinion from the four judges, a majority of five judges contend that the law is unconstitutional. The entire jurisprudence of the Lochner era was reversed by the US Supreme Court in 1937, but experiments to improve the right of working time, and "work-life balance" have not yet recovered.
Just as there is no right to paid annual leave or maximum hours, there is no right to paid leave for child care or family leave in federal law. There is a minimum right in some states. Most collective agreements, and many individual contracts, provide time off, but employees who do not have bargaining power often get nothing. However, there are limited federal rights for unpaid leave for family and medical reasons. The Family and Medical Leave Act of 1993 generally applies to entrepreneurs 50 or more employees in 20 weeks last year, and grants the rights to employees who have worked for 12 months and 1250 hours in the past year. Employees can have up to 12 weeks of unpaid leave for childbirth, adoption, to care for close relatives in poor health, or due to poor employee health. Child care leave must be taken in one bump unless agreed otherwise. Employees must give the employer 30 days notice if the birth or adoption is "predictable", and for serious health conditions where possible. Care must be arranged "in order not to interfere with the operations of the employers" according to medical advice. Employers must provide benefits during unpaid leave. Under Ã, §2652 (b) the state is empowered to provide "larger families or medical leave rights". In 2016 California, New Jersey, Rhode Island, and New York have laws for paying family leave entitlements. Under Ã,§2612 (2) (a) the employer may make the employee reimburse rights for 12 weeks of unpaid leave due to "paid vacation leave, personal leave or family leave" in the employer's personnel policy. Initially the Department of Labor has a penalty for making employers tell employees that this is possible. However, five judges in the US Supreme Court at Ragsdale v Wolverine World Wide, Inc. declared that the law was blocking the rights of the Department of Labor to do so. Four different judges will declare that nothing stands in the way of the rules, and it is the duty of the Department of Labor to enforce the law. After unpaid leave, an employee typically has the right to return to his job, unless the employee is in the top 10% of the highest paid and the employer may refute the "necessary rejection to prevent major economic injury and sad for the operation of the employer." Employees or the Secretary of Labor may enforce law enforcement, but there is no right to a jury for claims of recovery. Employees may seek redress for lost wages and allowances, or childcare fees, plus an amount of compensation equal to the amount unless the employer can show it to act in good faith and reasonable grounds to believe that it is unlawful. There is a two-year limit for filing a claim, or three years for a deliberate violation. Regardless of the lack of right to leave, there is no right to release child care or child care. This has prompted several proposals to create a free child care system, or for governments to reduce parental costs.
Retirement
At the beginning of the 20th century, the chances of having a "retirement" come true because people live longer, and believe parents do not have to work or rely on charity until they die. The law retains retirement income in three ways (1) through public social security created by the Social Security Act of 1935; (2) employment pensions are managed through employment relations; and (3) private pensions or individual life insurance buy your own. At work, most of the occupational pension schemes came from collective bargaining during the 1920s and 1930s. Unions usually bargain to hire employers across sectors to raise funds, so employees can retain their pensions if they move jobs. The multi-employer pension plan, formed by a collective agreement known as the "Taft-Hartley plan" after the Taft-Hartley Act of 1947 requires joint management of funds by employees and employers. Many employers also voluntarily choose to provide pensions. For example, pensions for professors, now called TIAA, were founded on Andrew Carnegie's initiative in 1918 with clear requirements for participants to have voting rights for guardians of the plan. This can be a collective and definite benefit scheme: the percentage of a person's income (eg 67%) is reimbursed for retirement, how long the person lives. But recently more companies are only providing "401 (k)" individual plans. This is named after the Internal Revenue Code Ã,§401 (k), which allows employers and employees to not pay taxes on money saved in the funds, until an employee retires. The same tax deferral rules apply to all pensions. But unlike the "defined benefit plan", 401 (k) contains only what the employer and employee provide. It will be exhausted if someone stays too long, which means pensioners may only have to rely on minimum social security. The Pension Protection Act of 2006 §902 codified the model for employers to automatically enroll their employees in retirement, with the right to opt out. There is no right to a working pension, but the Employee Retirement Income Act of 1974 actually creates a set of rights for employees if someone organizes it. This also applies to health care or other "employee benefits" plans.
The most important rights that ERISA does not cover are those who control the investments and the securities purchased by retirees. The largest form of pension fund has become 401 (k). These are often individual accounts formed by companies, and investment management firms, such as Vanguard, Fidelity, Morgan Stanley or BlackRock, then delegate tasks to fund the assets of the funds. Usually they also vote on company shares, assisted by "proxy advisory" firms like ISS or Glass Lewis. Under ERISA 1974 Ã, a1102 (a), the plan should merely mention fiduciary having "authority to control and manage operations and administration plans", chosen by "employer or organization" or both together. Usually this fiduciary or trustee will delegate management to professional companies, especially since under Ã, §1105 (d), if they do so, they will not be liable for breach of the duties of the investment manager. This investment manager buys a variety of assets, especially shares of companies that have voting rights, as well as government bonds, corporate bonds, commodities, real estate or derivatives. The right to these assets is in practice monopolized by the investment manager, unless the pension fund has been arranged to vote at home, or to instruct their investment manager. The two main types of pension funds to do this are union plans of Taft-Hartley, and state public retirement plans. Under the Act of National Labor Relations which has been amended from 1935 §302 (c) (5) (b) the union bidding plan shall be managed jointly by employers 'and employees' representatives. Although many local pension funds are not consolidated and have important funding notices from the Ministry of Labor, more funds with employee representatives ensure that the company's voting rights are granted according to the preferences of its members. Public state pensions are often larger, and have greater bargaining power to use on behalf of their members. The state pension scheme always reveals the way the guardians are chosen. In 2005, on average more than a third of guardians were selected by employees or beneficiaries. For example, the California Government Code Ã,§20090 requires civil servant pensions, CalPERS has 13 members on its board, 6 elected by employees and beneficiaries. However, only a sufficiently sized pension fund has acted to replace the investment manager's voting. In addition, there is no general law that requires voting rights for employees in the pension fund, although there are several proposals. For example, the Workplace Democracy Act of 1999, sponsored by Bernie Sanders in the US House of Representatives, will require all single employer's pension plans to have an appropriately appointed guardian by employers and employee representatives. There is, furthermore, currently no legislation to stop investment managers from voting with someone else's money as the Dodd-Frank Act of 2010 §957 banned broker-dealer votes on significant issues without instructions. This means voting in the largest companies that people buy retirement savings are mostly done by investment managers whose interests potentially conflict with beneficiaries' interests on labor rights, fair wages, job security, or pension policies.
Health and safety
The Occupational Safety and Health Act, signed into law in 1970 by President Richard Nixon, creates a special standard for workplace safety. The law has spawned many years of litigation by industry groups who have challenged standards that limit the amount of exposure to chemicals such as benzene are permitted. The law also provides protection for "whistleblowers" who complain to the government about unsafe conditions while allowing workers the right to refuse to work under unsafe conditions under certain circumstances. The law allows states to take over the OSHA administration in their jurisdiction, as long as they adopt state laws at least as protectors of workers' rights as under federal law. More than half of the state has done it.
- The law of child labor in the United States
Income tax
- Income tax in the United States
- US income tax law history
- State revenue tax
Civil Liberties
Pickering v Board of Education 391 US 563 (1968) 8 to 1, a public school teacher was fired for writing letters to newspapers that criticize the way school councils are collecting money. This violates the First Amendment and the Fourteenth Amendment
Workplace participation
The central right in labor law, beyond the minimum standards for payment, hours, pensions, safety or privacy, is to participate and vote in workplace governance. The American model was developed from the Clayton Act of 1914, which states "human labor is not a commodity or merchandise" and aims to take a workplace relationship out of the reach of an inhospitable court of collective bargaining. Less successful, the 1935 National Labor Relations Act changed the basic model, which remained until the 20th century. Reflecting the "bargaining power inequality between employees... and employers governed in the form of associations of company or other ownership", NLRA 1935 codified the fundamental rights of employees to regulate unions, requiring employers to bargain in good faith (at least on paper) after trade unions have majority support, binding employers to collective agreements, and protecting the right to take collective action including strikes. Membership of unions, collective bargaining and living standards all increased rapidly until Congress was forced through the Taft-Hartley Act of 1947. Its amendment allowed states to pass legislation that limits agreements for all employees in the workplace to become trade unions, collective action
Source of the article : Wikipedia
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