Anaya Nolan
The history of labor law in the United States is a long and complex one, with the first major US labor law statute being the Fair Labor Standards Act of 1938, which created a minimum wage and overtime pay. Over the years, various laws have been passed to protect workers' rights, improve working conditions, and ensure fair treatment. One of the earliest known instances of labor unrest in American history was a fishermen's strike in 1636, followed by the Commonwealth v. Hunt decision in 1842, which freed unions from prosecution and is often referred to as the Magna Carta of American trade unionism. The Civil Rights Act of 1964 established the independent Equal Employment Opportunity Commission to enforce non-discrimination in workplaces, while the Landrum-Griffin Act of 1959 required the filing of reports on union funds and banned Communists from holding union office. The last major labor law statute, the Employee Retirement Income Security Act of 1974, created rights to well-regulated occupational pensions.
| Characteristics | Values |
|---|---|
| First major US labor law statute | The Fair Labor Standards Act of 1938 |
| Created | Minimum wage, Overtime pay |
| Exceptions | State and federal government employees, Railway and airline staff, Domestic and agriculture workers |
| First major case | Garner v. Teamsters Local 776 |
| Settled legality of unions | Commonwealth v. Hunt |
| First state 10-hour-day law | New Hampshire, 1847 |
| Last major labor law statute | Employee Retirement Income Security Act of 1974 |
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What You'll Learn
Commonwealth v. Hunt
Prior to Commonwealth v. Hunt, there was a spate of convictions against groups of labourers, indicating that peaceable combinations of workers to improve wages, reduce hours, or secure employment were generally illegal in the United States, following English common law. Under English common law, criminal conspiracy laws included combinations in restraint of trade, as seen in the Court of Star Chamber's early 17th-century rulings. This precedent was further solidified in 1721 by R v Journeymen-Taylors of Cambridge, which found tailors guilty of conspiring to raise wages.
The central theme in the cases preceding Commonwealth v. Hunt was the applicability of English common law in post-revolutionary America. The defence attorneys in these cases often challenged the relevance of English common law, arguing that it was arbitrary and unknowable. They instead emphasised the role of the legislature as the embodiment of the democratic ideals of the revolution. However, prosecutors continued to rely on English common law, particularly the notion that conspiring to raise wages was illegal.
The case of Commonwealth v. Hunt had a lasting impact on labour law in the United States, solidifying the rights of workers to organise and negotiate collectively. It played a pivotal role in shaping the legal landscape surrounding labour unions and contributed to the evolution of labour relations in the country.
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The Fair Labor Standards Act
The Act has been updated several times since its inception. In 2016, agencies across the federal government were required to adjust their penalties for inflation each year. In 2021, the Department of Labor issued new guidance on how to classify workers as employees or independent contractors under the FLSA. This guidance was subsequently revised in 2024, updating the regulations for exempt employees, including those in executive, administrative, and professional roles. The revisions included increases to the standard salary level and the highly compensated employee total annual compensation threshold.
The FLSA provides protections for workers, ensuring they receive fair compensation for their labor. It also offers guidance to employers, helping them understand their obligations under the law. The Department of Labor provides several resources to help employers and employees understand their rights and responsibilities under the FLSA, including the Coverage and Employment Status Advisor, the Hours Worked Advisor, the Overtime Security Advisor, and the Child Labor Rules Advisor.
The FLSA has played a significant role in shaping labor standards in the United States, ensuring that workers are protected and compensated fairly for their work. It has also provided a framework for minimum wage and overtime pay requirements, which have been updated periodically to reflect changing economic conditions.
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The Civil Rights Act of 1964
The bill faced further obstacles in the Senate, where Southern Democratic opponents attempted a filibuster to prevent its passage. Despite strong resistance, the bill eventually passed in the Senate on June 19, 1964, thanks to the leadership of Senator Hubert Humphrey and the support of President Johnson. The final vote in the House of Representatives was 290–130, and 73–27 in the Senate.
The Act was a pivotal moment in US history, enforcing equal rights and opportunities for all citizens, regardless of race, colour, religion, sex, or national origin. It remains one of the most significant legislative achievements in American history, shaping the nation's commitment to equality and justice.
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The Employee Retirement Income Security Act
ERISA has undergone several amendments to expand the protections available to health benefit plan participants and beneficiaries. One notable amendment is the Consolidated Omnibus Budget Reconciliation Act (COBRA), which grants certain workers and their families the right to continue their health coverage for a limited time after specific events, such as job loss. Other significant amendments include the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, the Women's Health and Cancer Rights Act, the Affordable Care Act, and the Mental Health Parity and Addiction Equity Act.
It is important to note that ERISA does not cover all types of group health plans. Plans established or maintained by governmental entities, churches for their employees, or solely for compliance with workers' compensation, unemployment, or disability laws are generally excluded. Similarly, ERISA does not cover plans maintained outside the United States for nonresident aliens or certain unfunded excess benefit plans.
The Department of Labor's Employee Benefits Security Administration (EBSA) provides valuable resources, such as fact sheets, booklets, and other educational materials, to help employers and employees understand and comply with ERISA requirements. These resources ensure that all relevant parties are informed about their rights and responsibilities under the law.
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The Landrum-Griffin Act
The Labor-Management Reporting and Disclosure Act (LMRDA), also known as the Landrum-Griffin Act, was signed into law in 1959. It is a US labor law that regulates labor unions' internal affairs and their officials' relationships with employers.
The Act was enacted after revelations of corruption and undemocratic practices in several unions, including the International Brotherhood of Teamsters, International Longshoremen's Association, and United Mine Workers. It established a code of conduct guaranteeing certain rights to union members within their unions and imposed reporting requirements on unions, union officers, employers, and consultants.
The LMRDA grants specific rights to union members and protects their interests by promoting democratic procedures within labor organizations. It establishes a Bill of Rights for union members, including the right to a secret ballot on certain issues facing the union at large. It also sets reporting requirements for labor organizations, union officers and employees, employers, labor-relations consultants, and surety companies. Additionally, it establishes standards for the regular election of union officers and safeguards for protecting labor organization funds and assets.
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Frequently asked questions
The first major US labor law statute was the Fair Labor Standards Act of 1938, which created a minimum wage and overtime pay of one and a half times the standard rate.
The Act established a minimum wage, now $7.25 at the federal level, and higher in 28 states. It also set out overtime pay at one and a half times the standard rate.
Other major US labor laws include the Railway Labor Act, the Occupational Safety and Health Act of 1970, the Employee Retirement Income Security Act of 1974, and the Landrum-Griffin Act of 1959.
The Landrum-Griffin Act of 1959 required the filing of reports on union funds with the Department of Labor. It also banned Communists from holding union office and restricted secondary boycotts by unions.
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