Abstract This paper discusses the laborlaws relevant to the guarantee of a non-discriminatory work environment. It focuses on how laborlaws are applied within the labor union environment in protecting against discrimination. It explains that the laborlaws in the United States are primarily governed by the U.S. Department of Labor which oversees approximately 180 various laws and regulations governing employment.
From the Paper "Labor laws in the United States are overseen by the Department of Labor which, collectively, oversees approximately 180 various federal labor oriented laws. This body of laws and regulations oversee many workplace activities relevant to more than 10 million unique employers and more than 125 million unique employees. The following major labor laws constitute some of the most broadly applicable and well-known labor laws. Additionally, since unions constitute some the largest forces in labor across North America, labor laws pertinent to unions are also discussed. However, it should be mentioned that regardless of union membership, union members are, of course, entitled to the same protections on the existing body of labor laws that any employee is as well as a host of other protections vis-?vis his or her union contract. Pay & Schedule The Fair Labor Standards Act (FLSA) outlines the standards for wages and overtime pay, which affect most private and public employment in ..."
Abstract This paper discusses child laborlaws in the United States. It starts off by discussing the history of child labor in this country and why there was a great need for reform. It also tells the reader the struggle that reformers went through to get child laborlaws on the books. Next, the laws regarding child labor are discussed for today's times. The consequences of violating the laws are also mentioned.
From the Paper "The United States government has enacted many laws and regulations over the years to protect the rights of workers in this country from unfair labor practices, employment discrimination and abuse. One of the groups of people that the government has enacted this type of legislation to protect is that of children, some of the most vulnerable workers. Throughout this paper I will examine child labor laws in the United States. I will give the background for such laws and the history of child labor in this country, including situations which created the needs for these laws. Furthermore, I will discuss how these laws have evolved over the years and what effect child labor laws have on the workplace today. Although child labor is not a big issue today as far more youth are in school than working during current times, this was not always the case."
Abstract The paper looks at the advantages and implications of excluding managerial employees from collective agreements under Canadian LaborLaw. It examines the way different Labor Boards treat and rule on who should be excluded in each case.
From the Paper "Whenever a trade union in Canada applies for certification to the Labour Board, it undergoes a series of procedures before the Board acknowledges to the union that the latter, in fact, exists under the law. One of the steps that the union and a related employer(s) undertake is called the definition of the bargaining unit. This procedure involves submitting to the Labour Board a list of names of all employees in a proposed unit along with their positions and job descriptions. The purpose of this move is to pin-point those categories of employees that may and will be excluded from the proposed unit if found in the initial submission."
Abstract This paper explores laborlaw. The paper presents two cases illustrating disparate treatment and disparate impact and includes a brief description of the relevant facts, the ruling and reasoning of the court and finally the specific implications of the ruling for an employment environment. The paper answers these questions: What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem? Should factors like personality, attitude toward work and future upward mobility be considered when hiring?
From the Paper "Discrimination can be the result of both intentional and unintentional motives. The willful intention to discriminate against an individual or group based on their race, gender, religion, national origin or disability is called disparate treatment. Disparate impact refers to a practice or policy that appears to be neutral on its face but negatively impacts a particular group, such as women or older workers. Disparate impact uses a circumstantial method to prove discrimination."
Tags:laborlaw, ADA, ADEA, EEO, Civil rights act, disparate treatment, disparate impact, protected groups
Abstract This essay discusses some of California's most important and current laborlaws, outlining how each law affects California's business climate. It also determines whether these laborlaws are beneficial or detrimental to the apparel industry. It specifically outlines some of California's laborlaws, which are considered some of the most stringent in the nation.
From the Paper "According to a recent study, one in every five California businesses reported that they have restricted hiring because of employment lawsuits (Sullivan, 1996). Nearly half of all businesses surveyed said that California labor laws, such as employment termination laws, have made liability insurance more expensive, while about 10 percent reported that labor laws have actually caused a reduction in the number of employees on payroll. In addition, businesses reported that labor laws have made it more difficult to get information on references on prospective employees, and more than half said that they will not provide references on former employees. Under past law, employers were protected from libel or slander suits for statements made that did not show malice toward a former employee regarding the job performance or qualifications."
Abstract A nation's laborlaws, stipulating work hours, job security, vacations, retirement age, compensations, employment opportunities, and chances for advancement for protected groups are intrinsically connected to that country's espoused politico-economic ideology. The paper shows that the United States, in which the capitalist market ideology prevails, has a set of laborlaws, which differ in several significant areas from those that operate in many Northern European countries, such as Germany, where democratic socialism shapes national politico-economic ideologies. In comparing between several key aspects of German and American labor policies and laws, the paper concludes that, while Germany furnishes its population with a more positive work atmosphere, empowering it vis-a-vis corporate owners and establishing a legal framework that would guarantee job security, the fact remains that some perceive this as having curtailed the growth and the more efficient/effective operation of native organizations/firms. In an overall analysis, this paper illustrates that it is better to be a worker in Germany than in the United States.
From the Paper "The point here is that, in comparison to the United States where the power of labour unions is steadily declining, German labour unions have remained consistently powerful and are in charge of negotiating practically all employment contracts, ensuring that equitable terms are offered to all workers, irrespective of gender, race, or age (Boldt, 2003). Thus, the power of the labour unions in Germany has negated the need for those laws which emphasize equitable employment terms, which are so prevalent in the United States."
Abstract This paper discusses the Chinese laborlaws. The paper examines such legal and economic issues as the Chinese minimum wage, overtime, maximum amount of hours allowed in a work week, retirement, and benefits. The paper explores how these issues relate to gender equality, age discrimination, child labor, disabled workers, turnover rate, and the unemployment rate.
From the Paper "Chinese law does not set an official, uniform, national minimum wage, ostensibly to reflect the vastly different expenses of living in various provinces. Instead, it allows local governments to determine their own standards on minimum wages. But although China has no official flat minimum wage, and this varies by province (causing a certain amount of consternation between urban and rural areas and the wage rate discrepancy,) to give a rough idea of how minimum wages are calculated, in a story about new hourly minimum wage regulations in Zhangzhou (Fujian) comes the formula for calculating such wages. "The hourly minimum wage standard = [(the monthly minimum wage 20.92 8) * (1+ the proportion of the premium paid by the enterprise for each worker's retirement and basic medical insurance)] * (1+ fluctuation coefficient). The fluctuation coefficient takes into account the differences between temporary or casual workers and full-time personnel with regard to stability, working conditions and the intensity of the job, and the difference in welfare provided. ("Zhangzhou ceding xiaoshi zuidi gongzi [Zhangzhou determines the minimum hourly wage]," Haixia dushibao [Strait News], 01 July 2004, Cited by Stephen Frost on July 2, 2004)"
Abstract This paper covers the evolution of child laborlaws from 19th Century England through the present. The author discusses harsh working conditions endured and injuries suffered by children. Cited are specific pieces of legislation and non-profit campaigns aimed at stopping the phenomenon.
From the Paper "Child labor in 19th century England was a shameful practice that many of us never look back on. The displaced working classes took it for granted that a family would not be able to support itself if the children were not employed. Therefore, children as young as five years old were working 12 hour shifts for less then 20 dollars a day. The conditions in which these children worked were below standards. It was a long and deadly fight to regulated child labor laws in England during the 19th century. Today many of us take for granted the regulations on child labor; we act as if this is how it has been since the beginning. What we do not realize is how much child labor has progressed since the 19th century. Three hundred years may sound like a long time but when you consider how life was for a child then and compare it to a child's life today, I think you?ll begin to come to a better understanding of exactly what we have gone through to get where we are today."
The following paper examines research that reveals what steps should be taken to enforce the existing laborlaws to protect employees in Russia and to support the restructuring efforts through secure employment.
Abstract This paper discusses the current laborlaws in Russia, subject to free market forces, changes in the way business is done and illegal agreements within the context of pressure from the World Bank for lasting economic reform.
From the Paper "The reform of Russia's labor legislation has become a pressing issue for international agencies over the last few years. An important consideration for the Russians is that the World Bank has attached high priority to radical changes in the law as one of the conditions of its Social Protection Adjustment Loan.It is reported that employers in the private sector constantly violate existing labor legislation to achieve a more flexible and self-determinate situation, leading to a conclusion that job security for workers can only be obtained by moving away from labor contracts and binding collective agreements to more free market considerations and little or no labor legislation (Standing, 1996)."
Abstract This paper examines the history of government reforms in the manufacturing sector and the need to balance capitalism with environmental and labor regulations. It also discusses branches of the government and agencies responsible.
From the Paper "The Industrial Revolution of the nineteenth century brought profound changes to the American landscape. The US population became increasingly urbanized as workers moved from farm to factory and as..."
Abstract This paper talks about the roots of Child LaborLaws by examining the use of children as laborers beginning in the Middle Ages, through the Industrial Revolution and into the Victorian Era. It traces the abhorrent conditions these children faced, especially during the Industrial Revolution, where times where extremely difficult, through the Victorian Era the The National Child Labor Committee was formed, and strict laws were passed regarding children. These laws regulated and enforced working conditions, hours and ages that could be employed.
From the paper:
"It was thought to be a benefit for children to work, so they could get a head start on building a life for themselves. Poor children could contribute to society by working, and through self-reliance and determinism could break free from poverty.
"The prevalent attitude was that the laissez-faire economic system had made America great, and that any interference in the natural way of things was "unscientific, irrational, and unjust" (Trattner, 1970: 32). Social Darwinism also supported child labor and the lack of regulation. Society valued individualism and self-reliance, and saw any regulation of industry as obstructing a natural process that should be allowed to progress free of restraints. Each person should try their hardest to get rich, and nobody should interfere with a person's right to accumulate wealth, even at the expense of others."
Abstract The paper reviews the historical process of labor and employment law in the United States as well as the current laws that are in effect and enforceable in relation to employment law in the United States. The paper addresses Title VII of the Civil Rights Act of 1964, the Immigration Reform and Control Act (IRCA) of 1986, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), Titles I and V of the Americans with Disabilities Act and the Civil Rights Act of 1991.
Outline:
Objective
Introduction
Employment Law in the United States
Three Acts
Centralization of American LaborLaw Laws Presently in Existence
Summary and Conclusion
From the Paper "Specific laws exist that govern employers and one of these is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Additionally the Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same workplace from sex-based wage discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are over the age of forty years of age. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities in the private employment sector and in state and local governments."
Abstract This paper examines the public policy implications of minimum wage laws and to a lesser extent living-wage laws (with the understanding that the two are philosophically linked to each other). The author writes, for those of us just now entering the labor force, it would be unthinkable to contemplate the working world without the presence of a minimum wage law. The paper provides a brief history of laborlaw and public policy in the United States. The paper includes graphs and charts.
From the Paper "The minimum wage does not seem to be one of those causes over which people become sufficiently impassioned to protest in the streets. But that is in large measure only because when people are protesting in the streets they tend to call for economic fairness or distributive justice, and both of these concepts are connected to the idea of a minimum wage or its newer and more radical cousin, the living wage."
A discussion of the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Fair Labor Standards Act (FLSA) laborlaws and how they protect employees.
Abstract The paper discusses how the COBRA and FLSA laws both help reduce the stress and anxiety that can go with the loss of a job. The paper explains that before the FLSA and COBRA laws were passed, there were many employers who were taking advantage of their workforce in several ways. The paper details the purpose both laws serve. The paper makes recommendations to update and improve the laws.
Outline:
Introduction
COBRA
FLSA
My Opinion
From the Paper "Since their inceptions both COBRA and the FLSA have served an important purpose in the employment world. Throughout the nation employees work hard and help the companies that employ them to build empires of wealth, however, if there are bumps in the road either on the part of the employee or employer the company often goes on to continue growing while the employee, who helped build that company is left out in the cold. COBRA and FLSA both help reduce the stress and anxiety that can go with the loss of a job for reasons other than Gross Misconduct."
Abstract This paper describes the unfair labor practices during the 1930s. The author relates, section by section, the 1935 National Labor Relations Act, also known as the Wagner Act after New York Senator Robert Wagner who backed it, which was passed to counteract some of these unfair labor practices such as child labor. The paper explains how the existence of the NLRA helped pave the way for many of the laborlaws, which are taken for granted today, including the civil rights laws of the 1950s and 60s.
From the Paper "Section 8 of the NLRA listed, and prohibited, five unfair labor practices. Employers were prohibited from interfering with the employees union. This interference was interpreted as more than intimidation. Employers could not give conditions to any financial support they might offer. If they chose to contribute money or resources to the union it had to be with no strings attached.
Also, employers could not interfere with or restrain employees while they were exercise their right to organize or bargain collectively. Next, employers could not put conditions on employment, which could be interpreted to preclude or force union involvement."
