The Basics of Labor Law
The history of labor and employment law blog is one of successive phases of progress and regression influenced by political changes. In the United Kingdom, for example, legal prohibition of trade union association was repealed in 1824, while in France, in 1884, the same legal prohibition was removed. Changes to the law since have been related to details, rather than fundamental principles. Future changes, however, are unlikely to change these fundamental principles. Listed below are some of the most important aspects of labor law.
Minimum-wage laws
State governments are enacting minimum-wage laws to increase worker pay. New Jersey passed AB 15, which increases the minimum wage to $15 by 2024. HB 437 in New Mexico added a training wage for workers under the age of 20 and increased the minimum wage for tipped employees. Meanwhile, SB 1 in Illinois indexed the minimum wage to inflation and established a tax credit program for smaller employers.
In Washington, DC, minimum-wage laws apply to most employers, although there are some limited exceptions. Employees must be based in the District of Columbia or spend 50% or more of their working time in the District. Immigration status does not affect an employee’s eligibility to receive the minimum wage. Likewise, in the District of Columbia, workers must be over the age of eighteen to qualify for a minimum wage.
Regulations governing collective bargaining
The National Labor Relations Act, also known as the Wagner Act, explicitly grants employees the right to join trade unions and engage in collective bargaining. This law was enacted by Congress in 1935 under the Commerce Clause of Article I, Section 8 of the U.S. Constitution, and applies to private, non-agricultural employees. The NLRA also establishes the National Labor Relations Board (NLRB), a neutral, third-party agency, to implement the law and supervise collective bargaining.
While enactment of public-employee labor laws has resulted in a more equitable labor market, there is no general consensus on the value of this process. As recently as 2009, public-sector labor laws were tilting toward unions. Eight states passed card-check legislation and Indiana retreated from collective bargaining. These states, however, have since expanded the scope of collective bargaining and have largely adopted a national model.
Protections for disabled workers
There are many protections for disabled workers in the labor law. The Persons With Disabilities (Equal Opportunities and Protection Act) protects employees with disabilities, including physical, mental, and blood-related conditions. The act aims to make jobs accessible and suited for disabled people and gives them priority over others. In addition, public sector employers must employ 5% of the total workforce with a disability. The act was enacted in 1990, and has been updated to reflect the changing needs of the workforce.
The number of jobs available to disabled workers declined from 2001 to 2008. It is also notable that the employment rate for disabled people declined from 66.1% in 2007 to only 14.8% in 2009. It is important to recognize that these statistics may not be representative of the real picture. As such, it is necessary to consider the impact of disability-related policies on employment rates and employment conditions in order to develop effective solutions to these challenges.
Rights of unionized employees
Freedom to associate with other people is one of the fundamental rights guaranteed under U.S. law. Freedom to associate includes unionization and activities related to it. Freedom to associate is inseparable from the liberty guaranteed by the Fourteenth Amendment. Hence, employees’ right to organize and join a union is protected under labor law. This article will briefly review the rights and protections that unions provide employees.
A union can represent employees in disciplinary, investigatory, and termination meetings. NLRB can award appropriate remedial relief. For example, an employer can be ordered to reinstate an employee who was unlawfully terminated and pay any lost wages. Additionally, it can order a union to reinstate an employee and make him/her whole financially. In such cases, union stewards can seek grievances and organize meetings.
