Keith Mack
Employment law has evolved over time, with various acts and amendments being introduced to protect the rights of employees and ensure fair and equitable workplace practices. While there is evidence of labour disputes in America prior to the Revolutionary period, early American labour law considered peaceable combinations of workers aiming to improve their employment conditions as illegal. The passage of the Civil Rights Act of 1964 and the creation of the Equal Employment Opportunity Commission were significant steps towards addressing discrimination in the workplace. The Fair Labour Standards Act (FLSA) of 1938 established minimum wage and maximum work hours for industrial workers, and subsequent amendments have broadened its scope and raised the minimum wage. Other notable acts include the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act of 1993, and the National League of Cities (NLOC) vs Usery case in 1976, which clarified the applicability of the FLSA to state and local governments.
| Characteristics | Values |
|---|---|
| History of labor law in the United States | Refers to the development of legal relations between workers, employers, and trade unions |
| Early history of labor law in the United States | In 1636, fishermen went on strike on an island off the coast of Maine. In 1677, twelve carmen were fined for going on strike in New York City. |
| English common law influence | Before Hunt in Massachusetts in 1842, peaceable combinations of workers were illegal in the US, as they were under English common law. |
| Landmark case | Commonwealth v. Hunt settled the legality of unions. |
| Civil Rights Act of 1866 | The controlling federal law designed to prohibit employers from discriminating along racial lines for nearly a century after the Civil War. |
| Civil Rights Act of 1964 | Made it illegal for employers to discriminate based on race, sex, color, religion, and national origin. |
| Fair Labor Standards Act (FLSA) | Established in 1938, it set minimum wages and maximum work hours for industrial workers. |
| FLSA amendments | In 1955, the FLSA was amended to broaden coverage and raise the minimum wage from 75 cents to $1 per hour. |
| Recent history | The Employee Free Choice Act was introduced in Congress in 2009 but did not pass. |
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What You'll Learn
The Fair Labor Standards Act (FLSA) of 1938
The FLSA came into effect on October 24, 1938, after being signed by President Roosevelt on June 25, 1938. The Act faced opposition from some groups, including the American Federation of Labor and the National Association of Manufacturers, but ultimately prevailed in a prolonged legislative battle. The FLSA's impact was partially delayed due to wartime inflation in the 1940s, which raised wages above the levels specified in the Act.
One of the key provisions of the FLSA was its establishment of minimum wages. This ensured that workers received fair compensation for their labor, with the initial minimum wage set at 40 cents per hour. Over time, the minimum wage has been raised through amendments to the Act, such as in 1955 when it was increased to 75 cents per hour, and proposals for further increases have been debated in Congress.
The FLSA also addressed child labor, restricting industries for children under age 18, limiting working hours for those under 16, and banning most forms of work for children under 14. Employers are required to document the age of child workers, and the Secretary of Labor has the authority to investigate potential violations. The Act's child labor provisions have had a significant impact on education, leading to higher school completion rates and a better-educated workforce.
Additionally, the FLSA provided protections for workers beyond minimum wage and child labor standards. It applied to "any individual employed by an employer," but not to independent contractors or volunteers. Certain exemptions were also outlined, such as for "white-collar" professionals, administrators, and executives. The Act established the obligation of employers to compensate employees for time spent on activities that benefit the employer, even if those activities fall outside regular working hours.
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Civil Rights Act of 1964
Employment law in the United States has a long history, with labour disputes substantially preceding the Revolutionary period. For instance, there was a fishermen's strike on an island off the coast of Maine in 1636, and in 1677, twelve carmen were fined for going on strike in New York City. However, labour unrest during the colonial period rarely resulted in the formation of permanent groups of labourers for negotiation purposes, and there was little legal recourse available to those affected by the unrest.
The Civil Rights Act of 1964 was a landmark piece of legislation in the history of employment law in the United States. It established the independent Equal Employment Opportunity Commission (EEOC), tasked with enforcing non-discrimination in the nation's workplaces. Title VII of this Act specifically prohibits employment discrimination based on race, colour, religion, sex, and national origin. It covers the full spectrum of employment decisions, including recruitment, selection, termination, and other terms and conditions of employment.
Under Title VII, all personnel actions affecting employees or applicants for employment in military departments, executive agencies, the United States Postal Service, the Postal Rate Commission, certain units of the legislative and judicial branches of the Federal Government, and the Library of Congress, must be free from discrimination based on the aforementioned protected characteristics.
Additionally, employers are required to post notices in conspicuous places informing employees and applicants of their rights under the Act and the procedures for filing a complaint. The Act also established the Commission on Civil Rights and extended its authority to prevent discrimination in federally assisted programs.
The Civil Rights Act of 1964 built upon earlier laws and amendments, such as the Fair Labor Standards Act (FLSA) of 1938, which set minimum wages and maximum work hours for industrial workers, and the FLSA amendments in 1955, which broadened coverage and raised the minimum wage. It also addressed long-standing racial inequality in employment, as the Civil Rights Act of 1866, designed to prohibit racial discrimination by employers, had lacked enforcement mechanisms and proved ineffective.
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Early American labor law
The history of labour disputes in America dates back to before the Revolutionary Period. For example, in 1636, there was a fishermen's strike on an island off the coast of Maine, and in 1677, twelve carmen were fined for going on strike in New York City. However, labour unrest during the colonial period rarely resulted in the formation of permanent groups of labourers for negotiation purposes.
Before the Declaration of Independence in 1776, the common law was either uncertain or hostile to labour rights. Unions were considered criminal conspiracies, and slavery and indentured servitude were tolerated. In 1772, the English Court of King's Bench held in Somerset v. Stewart that slavery was unlawful at common law.
In the early 19th century, journeymen workers without independent means of production became the majority in cities like New York and Philadelphia. This shift was due to large-scale transatlantic and rural-urban migration, which increased the potential labour force and allowed for larger-scale labour-intensive enterprises. Craft workers now faced more competition, limiting their opportunities and creating a substantial risk of downward mobility.
In 1806, Commonwealth v. Pullis, a case against a combination of journeymen cordwainers in Philadelphia, resulted in a conviction for conspiracy to raise wages. The defence attorneys criticised common law as arbitrary and unknowable, while Recorder Moses Levy upheld it, stating that citizens must look beyond legislative acts to understand their duties.
In 1842, Commonwealth v. Hunt in Massachusetts settled the legality of unions, ruling that workers had the right to organise and strike. This case was considered a turning point, removing the stigma of criminality from labour organisations.
In 1869, the Knights of Labor was founded in Philadelphia, advocating for racial and gender equality, political education, and cooperative enterprise. The American Federation of Labor was established in 1886 with the aim of improving workers' wages, housing, and job security.
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Child labor provisions
The history of labour law in the United States is a long one, with early instances of labour unrest in the colonial period, such as a fishermen's strike in 1636 and a strike by twelve carmen in New York City in 1677. However, it wasn't until the 20th century that we see a concerted effort to address child labour specifically.
In 1904, the National Child Labor Committee was formed, dedicated to the abolition of child labour. This organisation helped to bring attention to the issue and mobilise support for state-level child labour laws. In 1906, Republican Senator Albert J. Beveridge introduced the first child labour bill at the national level, but it was turned down by President Theodore Roosevelt. It wasn't until 1916 that the United States Congress passed the Keating-Owen Act, which outlawed interstate commerce involving goods produced by children under a certain age, depending on the type of work.
The Fair Labor Standards Act (FLSA) of 1938 further strengthened child labour provisions. The FLSA restricted industries for children under 18, limited working hours for those under 16, and banned children under 14 from most kinds of work. It also required employers to document the age of child workers and gave the Secretary of Labor the power to investigate possible violations. The FLSA was challenged in the Supreme Court but was ultimately upheld and remains in force today.
The FLSA's child labour provisions were designed to protect the educational opportunities of youth and prohibit their employment in jobs detrimental to their health and safety. The Act lists hazardous occupations that are too dangerous for young workers and restricts the hours that youth under 16 can work. For non-agricultural jobs, children under 14 may not be employed, while children between 14 and 16 may be employed in allowed occupations during limited, non-hazardous hours.
While the FLSA was a significant step forward, it did not cover agricultural labour, resulting in hundreds of thousands of children working as farm workers. State-level laws also address child labour, with varying requirements for youth employment, including the earliest age a child may work, the number of hours they can work, and any required work permits or certificates. For example, the Pennsylvania Child Labor Act provides specific rules for the involvement of minors aged 14 to 17 in volunteer emergency service organisations and requires work permits for employment.
In conclusion, the development of child labour provisions in US employment law has been a gradual process, with early efforts in the 20th century laying the groundwork for more comprehensive federal legislation like the FLSA. While the FLSA made significant strides in protecting children from exploitative labour practices, exceptions and state-level variations persist, highlighting the ongoing need for vigilance and advocacy to ensure the welfare and educational opportunities of working children.
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Anti-discrimination laws
The history of labor law in the United States can be traced back to before the Revolutionary period. For instance, in 1636, there was a fishermen's strike on an island off the coast of Maine, and in 1677, twelve carmen were fined for going on strike in New York City. However, labor unrest during the colonial period rarely resulted in the formation of permanent groups of laborers.
In the early 1900s, there were few standards for health and safety in the workplace, and workers had little legal recourse for injuries on the job. Over time, workers' compensation laws and the Occupational Safety and Health Act have made working conditions much safer.
The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission to enforce non-discrimination in workplaces. This was followed by the Race Relations Act of 1965 and 1968, which addressed discrimination based on race and ethnicity in housing and public facilities. The Equal Pay Act of 1970 allowed women to take legal action against employers who paid them less than male colleagues for equal work. The Sex Discrimination Act of 1975 prohibited direct and indirect discrimination based on sex, and the Race Relations Act of 1976 further strengthened anti-discrimination laws on racial and ethnic grounds.
In the 1990s, disability was added as a protected category through the Disability Discrimination Act of 1995. More recently, in 2007, a law prohibiting discrimination based on age, sexual preference, marital status, and other factors came into force in the European Union. Anti-discrimination laws continue to evolve, ensuring equal opportunities and protecting individuals from unfair treatment in various aspects of social life.
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Frequently asked questions
The history of labour disputes in America dates back to before the Revolutionary period. For example, in 1636, there was a fishermen's strike on an island off the coast of Maine. However, the typical narrative of early American labour law states that, prior to Commonwealth v. Hunt in Massachusetts in 1842, peaceable combinations of workers aiming to improve their employment conditions were illegal.
The Fair Labor Standards Act (FLSA) was passed in 1938 and set minimum wages and maximum work hours for most industrial workers. It was amended in 1955 to broaden coverage and increase the minimum wage from 75 cents to $1 per hour.
The Civil Rights Act of 1964 made it illegal for employers to discriminate based on race, sex, colour, religion, and national origin. It also created the Equal Employment Opportunity Commission (EEOC), which enforces non-discrimination in the workplace.
More recently, the Employee Retirement Income Security Act of 1974 established private pension minimum standards. The Family and Medical Leave Act of 1993 provided 12 weeks of unpaid parental leave after 12 months of work for employees of companies with over 50 employees. The Employee Free Choice Act was introduced in Congress in 2009 but did not pass.
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