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United States labor law

United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association".[1] Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees.[2] The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security,[3] but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.

A contract of employment can always create better terms than statutory minimum rights. But to increase their bargaining power to get better terms, employees organize labor unions for collective bargaining. The Clayton Act of 1914 guarantees all people the right to organize,[4] and the National Labor Relations Act of 1935 creates rights for most employees to organize without detriment through unfair labor practices. Under the Labor Management Reporting and Disclosure Act of 1959, labor union governance follows democratic principles. If a majority of employees in a workplace support a union, employing entities have a duty to bargain in good faith. Unions can take collective action to defend their interests, including withdrawing their labor on strike. There are not yet general rights to directly participate in enterprise governance, but many employees and unions have experimented with securing influence through pension funds,[5] and representation on corporate boards.[6]


Since the Civil Rights Act of 1964, all employing entities and labor unions have a duty to treat employees equally, without discrimination based on "race, color, religion, sex, or national origin".[7] There are separate rules for sex discrimination in pay under the Equal Pay Act of 1963. Additional groups with "protected status" were added by the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. There is no federal law banning all sexual orientation or identity discrimination, but 22 states had passed laws by 2016. These equality laws generally prevent discrimination in hiring and terms of employment, and make discharge because of a protected characteristic unlawful. In 2020, the Supreme Court of the United States ruled in Bostock v. Clayton County that discrimination solely on the grounds of sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964. There is no federal law against unjust discharge, and most states also have no law with full protection against wrongful termination of employment.[8] Collective agreements made by labor unions and some individual contracts require that people are only discharged for a "just cause". The Worker Adjustment and Retraining Notification Act of 1988 requires employing entities give 60 days notice if more than 50 or one third of the workforce may lose their jobs. Federal law has aimed to reach full employment through monetary policy and spending on infrastructure. Trade policy has attempted to put labor rights in international agreements, to ensure open markets in a global economy do not undermine fair and full employment.

Income tax in the United States

Legal history of income tax in the United States

State income tax

42 USC §2000e-(j)

Civil Rights Act of 1964

, 443 U.S. 193 (1979) 5 to 3 held that the Civil Rights Act did not prohibit preference being given to under-represented groups as a temporary measure to correct historical disadvantage. Black workers were assured half the places in an on the job training program, pursuant to a collective agreement. Rehnquist J dissented.

United Steelworkers v. Weber

, 733 F2d 220 (2nd 1984) the use of a separate grading curve on the New York Civil Service Commission entrance test for minority candidates was legitimate

Bushey v. New York State Civil Service Commission

480 US 616 (1987) 7 to 2, White J and Scalia J dissenting an employer was entitled to give preference to women who possessed qualifications for a job, even if not equally qualified.

Johnson v. Transportation Agency

478 US 501 (1986) a consent decree giving preference in promotions to black fireman in Cleveland was lawful under Title VII, although a District Court would not be entitled to impose a similar preference.

Local No. 93, International Association of Firefighters v. City of Cleveland

478 US 421 (1986) a district court could have a goal of minority membership in a union that had a history of race discrimination in the construction industry.

Local 28, Sheet Metal Workers' International Association v. EEOC

476 US 267 (1986) a preference for teachers to be laid off in reverse order of seniority unless this would reduce the percentage of minority teachers was collectively agreed. Held, under strict scrutiny, the preference was unlawful under the Fourteenth Amendment because it was not based on evidence of past discrimination. Marshall J, joined by Brennan J, Blackmun J, Stevens J dissented

Wygant v. Jackson Board of Education

480 US 149 (1987) a judicially ordered preference to remedy longstanding discrimination in the Alabama Department of Public Safety hiring and promotion of state troopers was lawful.

US v. Paradise

, 488 US 469 (1989) 6 to 3, government contracting according to diversity criteria unlawful. Race preference is subject to strict scrutiny, or more difficult to justify than other remedies for discrimination.

City of Richmond v. J.A. Croson Co.

, 515 US 200 (1995) federal agency contracts and subcontracts

Adarand Constructors, Inc. v. Peña

, 91 F3d 1547 (3d Cir. 1996) case dropped, on affirmative action

Piscataway School Board v. Taxman

417 US 535 (1974) held preference of Native Americans in the Bureau of Indian Affairs was compatible with Title VII and the Fifth Amendment, as it was "reasonably designed to further the cause of Indian self-government and to make the BIA more responsive to the needs of its constituent groups."

Morton v. Mancari

Regulations, 41 CFR §60 based on Executive Order 11246, 3 CFR 339

OFCCP

Article I, Section 8, Clause 3, Congress has the power: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Article IV, Section 2, Clause 1, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

US Constitution

Freedom of movement under United States law

, 22 US 1 (1824) and Paul v. Virginia, 75 US 168 (1869)

Gibbons v. Ogden

and Federal Trade Commission Act of 1914

Interstate Commerce Act of 1887

and international labor standards

International Labour Organization

United States International Trade Commission, 19 USC

United States free trade agreements

United States Department of Labor

National Labor Relations Board

, 305 U.S. 364 (1939) the right of the NLRB to withdraw its submissions to the Court were at the court's discretion

Ford Motor Co. v. NLRB

, 304 U.S. 486 (1938) to enforce an order, the NLRB must file a petition and transcript with the courts

In re NLRB

Equal Employment Opportunity Commission

, 567 U.S. ___ (2012) 6 to 3, under the Civil Service Reform Act of 1978 federal employees have no recourse to the federal courts over wrongful discharge cases, but must instead go to the Merit Systems Protection Board.

Elgin v. Department of Treasury

, 383 U.S. 715 (1966) state and federal jurisdiction in labor disputes

United Mine Workers of America v. Gibbs

Labor law

European labour law

UK labour law

Social law

Child labor laws in the United States

Work–life balance

Work–life balance in the United States

Work–family balance in the United States

Principles of Labor Legislation (1916)

John R. Commons

History of Labor in the United States (Macmillan 1918) vol I and vol II

John R. Commons

R. Covington, Employment Law in a Nutshell (3rd edn 2009)  0314195408

ISBN

D. C. Bok, Matthew W. Finkin and R. A. Gorman, Labor Law: Cases and Materials (2011) ISBN 1684679818

Archibald Cox

K. G. Dau-Schmidt, M. H. Malin, R. L. Corrada and C. D. R. Camron, Labor Law in the Contemporary Workplace (4th edn 2009)

M. A. Rothstein and , Employment Law Cases and Materials (7th edn Foundation 2011)

Lance Liebman

G. Rutherglen, Employment Discrimination Law: Visions of Equality in Theory and Doctrine (3rd edn 2010)

Labor laws of Federal and State legislatures on law.cornell.edu

Synopses of US Employment Law Cases

Typical benefits of a union contract

Federal employment discrimination law office