Part 11- Regulation of Business, Chapter 51: Employment Law, Note 3

Summary: Key Employment Law Developments and Principles 1. Historical Evolution of Labor Protections   Early Labor Challenges: In the 19th century, labor unions were treated as criminal conspiracies. Later reforms outlawed "yellow-dog" contracts (antiunion agreements) and introduced workplace safety measures and workers' compensation laws. Key Legislative Milestones: o Railway Labor Act (1926): Regulated labor relations in the railroad and airline industries. o Norris–LaGuardia Act (1932): Limited court intervention in labor disputes and invalidated yellow-dog contracts. o National Labor Relations Act (NLRA, 1935): Gave employees the right to unionize, bargain collectively, and prohibited unfair labor practices by employers. 2. Collective Bargaining and Union Legislation    National Labor Relations Act (NLRA/Wagner Act): o Rights: Employees can form/join unions and engage in collective bargaining. o Prohibitions: Employer interference, discrimination against union members, and refusal to bargain collectively. o Enforcement: The National Labor Relations Board (NLRB) addresses union certification and unfair labor practices. Taft–Hartley Act (1947): o Introduced unfair labor practice standards for unions, including banning secondary strikes and excessive union dues. o Established an 80-day cooling-off period for strikes threatening national safety. Landrum–Griffin Act (1959): o Ensured democratic processes in unions and added further safeguards against unfair practices. 3. Fair Labor Standards Act (FLSA, 1938)  Key Provisions: o Minimum Wage: Established a baseline wage for covered employees, periodically updated. Overtime Pay: Mandated time-and-a-half pay for hours exceeding 40 per week. o Child Labor Restrictions:  Employment generally prohibited for children under 14.  Specific conditions allowed for ages 14–17 based on occupation and safety concerns. Enforcement and Penalties: o Employees or the Labor Department can recover unpaid wages plus liquidated damages. o Violations of child labor provisions may result in civil penalties or criminal liability for willful breaches. o  4. Equal Pay Act (EPA, 1963)    Prohibition: Disallows wage discrimination based on sex for jobs requiring substantially equal effort, skill, responsibility, and working conditions. Employer Defenses: o Pay differentials must be based on factors like seniority, merit, production quantity/quality, or non-sex-related factors. Remedies: o Employees may recover lost wages and liquidated damages, with enforcement by the Equal Employment Opportunity Commission (EEOC). 5. Title VII of the Civil Rights Act (1964)    Scope: o Prohibits employment discrimination based on race, color, religion, sex, or national origin. o Covers employers with 15+ employees, unions, and employment agencies. Theories of Discrimination: o Disparate Treatment: Intentional discrimination against individuals based on protected characteristics. o Disparate Impact: Policies that disproportionately affect protected groups, even without discriminatory intent. Enforcement: o Requires filing a charge with the EEOC before suing, except under some direct private claims (e.g., Equal Pay Act). o Remedies include back pay, reinstatement, and damages. 6. Workplace Safety and Employee Benefits    Occupational Safety and Health Act (OSHA, 1970): o Obligates employers to maintain hazard-free workplaces. o Enforced through inspections, citations, and penalties for violations. Family and Medical Leave Act (FMLA, 1993): o Grants eligible employees 12 weeks of unpaid leave for serious health conditions, family care, or childbirth/adoption. o Protects job security and accrued benefits during leave. Employee Retirement Income Security Act (ERISA, 1974): o Safeguards pensions by requiring fiduciary responsibilities and ensuring benefit vesting. 7. Unemployment Compensation   Eligibility: o Workers must meet state-specific work history and earnings requirements. o Generally excludes employees who quit without cause, are fired for misconduct, or refuse suitable work. Administration: o States manage benefits under federal guidelines, funded by employerpaid taxes.