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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 United States. 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". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. 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 is no federal law, 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, but the Employee Retire ...
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Statue Of Liberty, Sunset
A statue is a free-standing sculpture in which the realistic, full-length figures of persons or animals are carved or cast in a durable material such as wood, metal or stone. Typical statues are life-sized or close to life-size; a sculpture that represents persons or animals in full figure but that is small enough to lift and carry is a statuette or figurine, whilst one more than twice life-size is a colossal statue. Statues have been produced in many cultures from prehistory to the present; the oldest-known statue dating to about 30,000 years ago. Statues represent many different people and animals, real and mythical. Many statues are placed in public places as public art. The world's tallest statue, '' Statue of Unity'', is tall and is located near the Narmada dam in Gujarat, India. Color Ancient statues often show the bare surface of the material of which they are made. For example, many people associate Greek classical art with white marble sculpture, but there is evid ...
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Minimum Wage
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Because minimum wages increase the cost of labor, companies often try to avoid minimum wage laws by using gig workers, by moving labor to locations with lower or nonexistent minimum wages, or by automating job functions. The movement for minimum wages was first motivated as a way to stop the exploitation of workers in sweatshops, by employers who were thought to have unfair bargaining power over them. Over time, minimum wages came to be seen as a way to help lower-income families. Modern national laws enforcing compulsory union membership which prescribed minimum wages for their members were first passed in New Zealand in 1894. Although minimum wage laws are now in effect in many jurisdictions, differences of opinion exist about the be ...
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Labor Management Reporting And Disclosure Act Of 1959
The Labor Management Reporting and Disclosure Act of 1959 (also "LMRDA" or the Landrum–Griffin Act), is a US labor law that regulates labor unions' internal affairs and their officials' relationships with employers. Background After enactment of the Taft–Hartley Act in 1947, the number of union victories in National Labor Relations Board (NLRB)-conducted elections declined. During the 12-year administration of the Wagner Act, which was enacted in 1935, unions won victories in over 80 percent of elections. But in that first year after passage of the Taft–Hartley Act in 1947, unions won only around 70 percent of the representation elections conducted by the agency. During the mid-to-late 1950s, the labor movement was under intense Congressional scrutiny for corruption, racketeering, and other misconduct. Enacted in 1959 after revelations of corruption and undemocratic practices in the International Brotherhood of Teamsters, International Longshoremen's Association, Unite ...
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Unfair Labor Practices
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). Schlesinger Jr., Arthur M. ''The Age of Roosevelt: The Coming of the New Deal: 1933–1935.'' Boston: Houghton Mifflin Co., 1958, p. 400-406. Definition of "unfair labor practice" The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to: *interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists *to dominate or interfere with the formation or administration of a labor organization *to discriminate against an employee from engaging in c ...
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Labour Is Not A Commodity
"Labour is not a commodity" is the principle expressed in the preamble to the International Labour Organization's founding documents. It expresses the view that people should not be treated like inanimate commodities, capital, another mere factor of production, or resources. Instead, people who work for a living should be treated as human beings and accorded dignity and respect. Paul O'Higgins attributes the phrase to John Kells Ingram, who used it in 1880 during a meeting in Dublin of the British Trades Union Congress.O'Higgins, P.'Labour is not a Commodity' — an Irish Contribution to International Labour Law'(1997) 26(3) Industrial Law Journal 225-234 Law * Clayton Act 1914, which gave trade unions in the United States the freedom from paying penalties from courts for organising and taking collective action * Versailles Treaty, establishing the International Labour Organization, Article 427 * Declaration of Philadelphia 1944, reestablishing the ILO under the United Nat ...
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Clayton Act Of 1914
The Clayton Antitrust Act of 1914 (, codified at , ), is a part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; the Clayton Act seeks to prevent anticompetitive practices in their incipiency. That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices that were harmful to consumers (monopolies, cartels, and trusts). The Clayton Act specified particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures. Like the Sherman Act, much of the substance of the Clayton Act has been developed and animated by the U.S. courts, particularly the Supreme Court. Background Since the Sherman Antitrust Act of 1890, courts in the United States had interpreted the law on cartels as applying against trade unions. This had created a problem for workers, who needed to organize to balance the equal bargaining power against their employers. The Sherman A ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry-wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and ...
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Inequality Of Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognise ...
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Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ...
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Occupational Safety And Health Act Of 1970
The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH). The Act can be found in the United States Code at title 29, chapter 15. History of federal workplace safety legislation Few workplace health and safety protections were available through the federal government before the passage of OSHA. The American system of mass production encouraged the use of machinery, while th ...
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42 USC
Title 42 of the United States Code is the United States Code dealing with public health, social welfare, and civil rights. Chapters * —The Public Health Service * —The Public Health Service, Supplemental Provisions * —Sanitation and Quarantine * —Leprosy * —Cancer * — Viruses, Serums, Toxins, Antitoxins, Etc. * —Maternity and Infancy Welfare and Hygiene * — The Children's Bureau * — Public Health Service ( Public Health Service Act) * —Social Security * — Temporary Unemployment Compensation Program * —Low-Income Housing * — Slum Clearance, Urban Renewal, and Farm Housing * —Public Works or Facilities * — Open-Space Land * —Housing of Persons Engaged in National Defense * — Federal Security Agency * — Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States * — Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States * � ...
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Social Security (United States)
In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration (SSA). The original Social Security Act was enacted in 1935,Social Security Act of 1935 and the current version of the Act, as amended, 2 USC 7 encompasses several social welfare and social insurance programs. The average monthly Social Security benefit for August 2022 was $1,547. The total cost of the Social Security program for the year 2021 was $1.145 trillion or about 5 percent of U.S. GDP. Social Security is funded primarily through payroll taxes called Federal Insurance Contributions Act tax (FICA) or Self Employed Contributions Act Tax (SECA). Wage and salary earnings in covered employment, up to an amount specifically determined by law (see tax rate table below), are subject to the Social Security payroll tax. Wage and salary earnings above this amount are not taxed. I ...
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