United States (U.S.) Labor Law

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A United States (U.S.) Labor Law is a labor law that is a U.S. law.



References

2022

  1. National Labor Relations Act of 1935, 29 USC §141. JR Commons and JB Andrews, Principles of Labor Legislation (Harper 1916) ch 1, The basis of labor law, 9, "where bargaining power on the one side is power to withhold access to physical property and the necessaries of life, and on the other side is only power to withhold labor by doing without those necessaries, then equality of rights may signify inequality of bargaining power."
  2. Most statutes explicitly encourage this, including the FLSA 1938, the Civil Rights Act of 1964, and the Family and Medical Leave Act of 1993. “Federal preemption” rules have, however, restricted experimentation in key areas. These include the National Labor Relations Act 1935, as the US Supreme Court developed a doctrine not found in the Act, and Employee Retirement Income Security Act of 1974.
  3. 42 USC §§301–306 on federally funded state programs and §§401–434 on federal old age, survivors and disability insurance benefits.
  4. 15 USC §17, "The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."
  5. D Webber, The Rise of the Working Class Shareholders: Labor's Last Best Weapon (2018)
  6. E McGaughey, 'Democracy in America at Work: The History of Labor's Vote in Corporate Governance' (2019) 42 Seattle University Law Review 697
  7. CRA 1964 §703(a)(1), 42 USC §2000e-2(a), "Employers must not refuse to hire, discharge or otherwise discriminated 'against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin."
  8. cf International Labour Organization, Termination of Employment Convention, 1982 setting out general principles on fair reasons for discharge of workers.