Where to find labor laws
All employees of an enterprise, as defined by the FLSA, are covered regardless of the duties they perform. An important factor in determining coverage is interstate commerce, the generation of income over state lines by various means. If an employer engages in interstate commerce of any kind, its employees are covered by the FLSA and child labor laws in its state. If an employee is not an employee of one of these enterprises, he or she may still be covered if the employee's own duties meet certain interstate commerce requirements.
Section 12 a of the FLSA covers youth employed in an establishment in which goods are produced for commerce. Under this provision, the youth does not have to be personally engaged in the production of goods for interstate commerce to be protected by the child labor provisions of the FLSA. Individuals who are interested in promoting the health and safety of employees may consider earning a Master of Science in Safety, Security and Emergency Management.
Labor laws serve as mediators between the government, organizations and employers, workers and unions. These programs compensate employees who are injured on the job. They can pay health providers directly or compensate the employee with a lump sum of cash. Organizations are responsible for staying up-to-date on any changes to existing labor laws and becoming knowledgeable about new laws.
The following regulations have been established to protect and promote the safety and wellness of workers across the country. The Norris-LaGuardia act was passed at a time when workers had essentially no rights to organize. Courts routinely issued injunctions against striking and picketing by workers. These injunctions could be issued merely on the basis of testimony by the employer. Uncooperative workers were fined and jailed without trial or due process. Passed in , this labor law, more than any other, dictates the terms of labor relations in the private sector.
The NLRA establishes certain rights for employees, including the right to self-organize; form or join labor organizations; bargain collectively; and engage in other activities of collective bargaining, mutual aid or protection. The NLRA also establishes prohibitions on how employers are permitted to address these rights.
It prohibits company-led unions, and rules as an unfair labor practice the discrimination against workers who are engaged in collective bargaining. The result of a long fought struggle on the part of workers, the Fair Labor Standards Act of standardized the eight-hour day and prohibits child labor.
Children under sixteen are barred from working. Additionally, the Act instituted a minimum wage. Passed in a more conservative post-war climate, the amendments were intended to forbid unfair labor practices by unions. Many state and local governments have anti-discrimination laws.
These laws may offer extra protection beyond federal law. Many state laws have more protections for nursing mothers than federal law requires. State labor offices enforce these laws. If you're a victim of job discrimination or harassment, you can file a lawsuit.
If the discrimination violates federal law, you must first file a charge with the EEOC. This does not apply to cases of unequal pay between men and women. You may decide to sue if the EEOC cannot help you. In either case, look for an attorney who specializes in employment law. You can check with:. American Bar Association. National Employment Lawyers Association.
Only employers with a certain number of employees are subject to EEOC laws. The number of employees changes depending on the type of employer and the kind of discrimination alleged. Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees. The Americans with Disabilities Act ADA — which prohibits discrimination against workers with disabilities and mandates reasonable accommodations.
EEOC laws protect employees and job applicants from retaliation. If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws.
If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission EEOC and your State Labor Office to ensure you do not violate any federal or state labor laws.
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