Labor Law History and Background

United States Labor law, also commonly known as employment law, covers all legal aspects related to any relationship between an employer, employees, labor unions, and the government. This broad term encompasses individual, collective, and international labor law.

United States Department of Labor (DOL) - Labor Compliance Article Individual Labor Law concerns the rights of the worker as dictated by a contract between the employer and the employee. The terms and conditions of the contract are mostly following common law or legislation. For example, following state law, contracts state that an employer may not dismiss their employee for illegal reasons. Furthermore, minimum wage regulations also fall under individual labor law. An employer may not legally pay any employee under the national minimum wage, currently $7.25 per hour in the United States. However, some states have a minimum wage set higher than the federal wage.

Collective Labor Law refers to relationships between the employer, their employee, and the respective labor or trade union. These labor unions are organized groups of employees, and they work to serve the best interests of their members. With approval from union leadership, members of the union may collectively participate in a strike. Without the union, individual employees would not have the ability to “strike” because they would likely be let go immediately. Although, it is not in an employer’s best interest to fire every single employee when a union goes on strike. Thus, the power of an employer can be met equally through the utilization of unions.

The history of Labor Law in the United States is fairly complex and can extend back to the 1600s where one of the first recorded strikes took place. However, the formalities of these laws seem to have emerged in tandem with the Industrial Revolution between the late 1700s and the early 1800s. The shift from smaller-scale production to much larger factories caused relationships between employers and employees to shift too. Employees began to seek out better working conditions, more suitable hours, as well as the right to join labor unions. In addition to this, child labor became a pertinent, rising concern during the same time period. These multiple factors pushed forward the aggressive movement for Occupational Safety and Health Administration (OSHA) - Labor Compliance Article labor law reform in the United States.

The United States Department of Labor (DOL) manages and enforces close to 200 federal laws related to labor, employees, employers, and compliance. Furthermore, the Occupational Safety and Health Administration (OSHA) regulates all health conditions in most private industries. It is the responsibility of an employer to guarantee their employees are in a safe, hazard-free working environment. Both the DOL and OSHA require that certain notices are posted, providing the necessary regulation information to their employees. Labor law poster and OSHA poster requirement information can be found on the United States Department of Labor website, as well as on any specific state Department of Labor website. Below, you may find a list of all 50 states and their respective DOL website.

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