⚖️Philosophy of Law Unit 10 – Employment Law and Labor Relations

Key Concepts and Definitions

• Employment law governs the rights and duties between employers and employees
• Labor law specifically deals with the relationship between employers, employees, and labor unions
• At-will employment means an employee can be dismissed by an employer for any reason without warning
  • Exceptions to at-will employment include discrimination, retaliation, and breach of contract
• Collective bargaining the negotiation process between employers and a group of employees to regulate working conditions
• A labor union an organization that represents the collective interests of workers in negotiations with employers
• Discrimination in employment the unfavorable treatment of employees or job applicants based on legally protected characteristics
• Minimum wage the lowest remuneration that employers can legally pay their employees per hour worked
• Overtime pay compensation paid to employees who work beyond their regular hours, typically at a higher rate

Historical Context of Labor Laws

• Labor laws developed in response to poor working conditions and exploitation during the Industrial Revolution
• The Fair Labor Standards Act (FLSA) of 1938 established minimum wage, overtime pay, and child labor standards
• The National Labor Relations Act (NLRA) of 1935, also known as the Wagner Act, guaranteed the right of private sector employees to organize into unions and engage in collective bargaining
  • The NLRA also prohibited employers from interfering with, restraining, or coercing employees in the exercise of their rights
• The Civil Rights Act of 1964 prohibited discrimination in employment based on race, color, religion, sex, or national origin (Title VII)
• The Occupational Safety and Health Act (OSHA) of 1970 ensured safe and healthful working conditions for employees
• The Family and Medical Leave Act (FMLA) of 1993 provided certain employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons
• Globalization and technological advancements continue to shape the evolution of labor laws in the modern era

Legal Framework for Employment

• Employment relationships are primarily governed by state laws, with federal laws setting minimum standards
• Most employment in the United States is "at-will," meaning the employer or employee can terminate the relationship at any time for any lawful reason
• Employment contracts can modify the at-will relationship and specify terms of employment (duration, compensation, benefits)
  • Collective bargaining agreements between unions and employers are a type of employment contract
• Employers must comply with federal and state anti-discrimination laws in hiring, promoting, and terminating employees
• The Fair Labor Standards Act (FLSA) sets federal minimum wage and overtime pay standards for covered employees
• The Occupational Safety and Health Act (OSHA) requires employers to provide a safe and healthful workplace
• Workers' compensation laws provide benefits to employees who suffer job-related injuries or illnesses

Rights and Responsibilities of Employers

• Employers have the right to hire, promote, and terminate employees in accordance with applicable laws
• Employers must provide a safe and healthful work environment as required by the Occupational Safety and Health Act (OSHA)
• Employers are responsible for complying with federal and state anti-discrimination laws in all aspects of employment
• Employers must pay employees at least the federal or state minimum wage, whichever is higher
• Employers are obligated to provide overtime pay to non-exempt employees who work more than 40 hours in a workweek
• Employers must withhold payroll taxes (federal income tax, Social Security, Medicare) from employees' wages
• Employers are required to verify the eligibility of their employees to work in the United States (Form I-9)
• Employers must respect employees' rights to engage in protected concerted activities, such as discussing wages or working conditions

Rights and Responsibilities of Employees

• Employees have the right to work in a safe and healthful environment free from recognized hazards
• Employees are entitled to receive at least the federal or state minimum wage, whichever is higher
• Non-exempt employees have the right to overtime pay for hours worked over 40 in a workweek
• Employees have the right to be free from discrimination based on protected characteristics (race, color, religion, sex, national origin, age, disability)
• Employees have the right to engage in protected concerted activities, such as discussing wages or working conditions with coworkers
• Employees are responsible for performing their job duties as outlined in their job description or employment contract
• Employees must comply with lawful workplace policies and procedures established by their employer
• Employees have a duty to report any unsafe working conditions or violations of the law to their employer or appropriate government agency

Collective Bargaining and Labor Unions

• Collective bargaining the process by which a labor union and an employer negotiate a contract governing the terms and conditions of employment
• The National Labor Relations Act (NLRA) guarantees the right of private sector employees to organize into unions and engage in collective bargaining
• Unions represent the collective interests of workers in negotiations with employers regarding wages, hours, benefits, and working conditions
• The collective bargaining process typically involves proposals and counterproposals between the union and the employer
  • If an agreement is reached, it is formalized in a collective bargaining agreement (CBA) that is binding on both parties
• Unions may engage in strikes or work stoppages to put economic pressure on an employer during the collective bargaining process
• The NLRA prohibits employers from interfering with, restraining, or coercing employees in the exercise of their rights to organize and bargain collectively
• Right-to-work laws in some states prohibit unions from requiring membership or payment of dues as a condition of employment

Dispute Resolution and Enforcement

• Disputes between employers and employees can be resolved through various methods, including negotiation, mediation, arbitration, and litigation
• The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws and investigates charges of discrimination
  • Employees must file a charge with the EEOC before pursuing a private lawsuit for discrimination
• The National Labor Relations Board (NLRB) enforces the National Labor Relations Act (NLRA) and investigates unfair labor practice charges
• The Department of Labor (DOL) enforces federal labor laws, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA)
• State labor departments enforce state-specific labor laws and regulations
• Arbitration a private, informal dispute resolution process where a neutral third party (arbitrator) hears arguments and evidence from both sides and makes a binding decision
• Mediation a voluntary, confidential process where a neutral third party (mediator) facilitates communication and negotiation between the parties to reach a mutually acceptable resolution
• Litigation the process of resolving disputes through the court system, which can be costly and time-consuming

Ethical Considerations in Employment Law

• Employers have an ethical obligation to provide a safe and healthful work environment and to treat employees with dignity and respect
• Discrimination and harassment in the workplace are not only illegal but also unethical, as they violate principles of equality and fairness
• Employers should strive to create a diverse and inclusive workplace that values and respects differences
• Employers have an ethical duty to maintain the confidentiality of employee personal information and to protect employee privacy rights
• Employers should establish clear policies and procedures for addressing ethical concerns and encourage employees to report unethical behavior without fear of retaliation
• Employees have an ethical responsibility to perform their job duties honestly and diligently and to report any unethical or illegal conduct they observe
• Labor unions have an ethical obligation to represent the interests of their members fairly and to engage in good-faith collective bargaining with employers
• Attorneys practicing employment law should adhere to professional ethical standards, including competence, confidentiality, and avoiding conflicts of interest