Union activities involving a group or several groups of employees protesting an employers' perceived unfair practice by conducting protest demonstrations, or go on strike and obstruct commerce production by stopping all productivity are legally protected by the National Labor Relations Act (NLRB, 2006, National Labor Relations Act, 1). Employer violations range from
* threatening people with job loss due to union involvement;
* from closing plants based on union organization, interference or coercion of employees exercising rights of protest or going on strike;
* promises of benefits to discourage union support; and
* transferring or terminating employees to more challenging job responsibilities due to involvement of union activities (NLRB, 2006, Unfair Labor Practices, p. 1, 6).
In some forced-union states, the NLRA require employees to become union members as an employment condition, requiring membership dues to be paid and mandatory inclusion of union activities in strike activities (Right-to-work law, 2006). Non-participation in payment of dues or employer violations would result in termination. There are 22 states in the U.S. in which right-to-work laws exist to give workers the freedom to choose whether they want to participate in unions (Right-to-work law, 2006).
Over 100 million full and part-time domestic employees are protected by the Fair Labor Standards Act (FLSA), covering persons working for interstate commerce employers who produce, sell, or transport goods; employers with a minimum annual profit of $500,000 (USDL, 2006). The FLSA protects minimum hourly wage rates, overtime standards, and employment of children (FindLaw, 2006, Federal Laws and the Workplace - FAQ, p. 1, 11). The current documented hourly minimum wage rate as of 1997 is $5.15, with employees under 20 years of age receiving $4.25 per hour for the first 90 days of employment. Historically the hourly minimum wage in 1928 started at $0.25 (USDL, 2006, History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938-1996, p. 1).
The FLSA forbids employing children under the age of 18 in jobs considered dangerous as well as restricts hours children under age 16 can work (USDL, 2006).While all states follow child labor laws, there are different state standards from federal law regarding child labor for which the laws providing the most protection apply (USDL, 2006). The minimum age for employment for agricultural employment varies with each state, ranging on average from 16 to 18 years of age during school hours, and 12 to 14 years of age outside school hours with some states requiring written parental consent (USDL, 2006). Minimum work hours per day and week also vary per state ranging from eight to 40 hours per week, depending on the day of the week or weekend (USDL, 2006).
The U.S. Department of Labor enforces compliance of federal employment law statues for those businesses employing 15 or more personnel, along with the Equal Employment Opportunity Commission and the National Labor Relations Board (USDL, 2006) all support substantiated complaints brought forth by persons discriminated against by employers. Federal statutes exist to enforce employment contracts, primarily known as "employment at will," between employers and employees, including potential and previous employees. Employment at will is a state law issue, while there are some states that have created addendums to the laws specific to those states governing methods (University of Phoenix, 2006).
In most states, there are three exceptions to the employment at will contracts, which constitute wrongful discharge. 1) Breach of public policy is a violation of public laws relating to public interests such as terminating a whistleblower. 2) Breach of the covenant of good faith and fair dealing, for example, involves an employer terminating an employee with a good employment record and replacing with that position with another employee. 3) Breach of implied contract such as inferring to a long-term employment then terminating after a short timeframe (University of Phoenix, 2006, The Employer/Employee Relationship, p. 2).
According to Workplace Fairness (2006), Arizona happens to have the Arizona anti-discrimination statute not covered by federal law, involving smaller employers with one to 14 employees where the Civil Rights Division is involved to handle sexual harassment complaints (Workplace Fairness, 2006, Filing A Discrimination Complaint: Arizona, p. 1, 3). Sexual harassment falls under protection by Title VII of the Civil Rights Act of 1964.
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates and intimidating, hostile or offensive work environment" (EEOC, 2002, Facts About Sexual Harassment, p. 1, 2).
Sexual harassment takes place in many forms of unwelcome gestures such as inappropriate looks, verbal suggestions or touching; is initiated by opposite sex or same gender; by employers, coworkers, or non-employment related; affects anyone offended by the behavior; and may not physically or financially affect a victim (EEOC, 2002 Facts About Sexual Harassment, p. 1, 3).
My personal opinion is that while federal statutes exist to prevent employment infractions by employer's, the costs and inconvenience of litigation to these businesses are a significant part of the outsourcing boom where much of the work performed in the United States up to 1960-1970 are now conducted in countries outside the United States. Product assembly plants have closed across the country and moved overseas. While some may view it as all about capitalism and placing income into the pockets of the destitute poor, others view it as the perfect opportunity to operate in other countries not concerned with human rights infractions. As long as there are pleasantly plump pockets for business employers and contented politicians, the concern for fair treatment of persons performing the work remains irrelevant.
While federal statutes prohibit employer discrimination in, and provide legal recourse for, unfair or improper treatment based on gender, race, national origin, religion or color; state employment laws may contain amendments to federal law (FindLaw, 2006, Overview of Employment and Anti-Discrimination Laws, p. 1). As noted with Oregon and California, discrimination is not always limited to 40 years of age or older, but can start at age 18 or apply to employers of five or more people. With Arizona, the sexual harassment discrimination complaint is not limited to employers of 15 or more people but also pertains to employers of one to 14 employees. Each state varies regarding child employment ages and hours, with some states having zero employment for children less than 18 years of age (USDL, 2006). Employers operating within several states of the Unites States are required to adhere to each state employment law pertaining to each state.
References:
Bennett-Alexander, D.D. & Hartman, L.P. (2004). Employment Law for Business (4th ed.) McGraw Hill/Irwin, New York, NY. Retrieved July 22, 2006, from University of Phoenix, rEsource, MGT434--Employment Law
FindLaw (2006). Overview of Employment and Anti-Discrimination Laws. FindLaw for the Public. Retrieved August 10, 2006 from http://employment.findlaw.com/ employment/employment-employee-overview/employment-employee-overview-laws.html
EEOC (1997). Facts About the Americans with Disabilities Act. The U.S. Equal Employment Opportunity Commission. Retrieved August 10, 2006 from http://www.eeoc.gov/facts/fs-ada.html
EEOC (2002). Facts About Sexual Harassment. The U.S. Equal Employment Opportunity Commission. Retrieved August 10, 2006 from http://www.eeoc.gov/facts/fs-sex.html
NLRB (2006). National Labor Relations Act, Findings and Policies. National labor Relations Board, Washington, D.C. Retrieved August 10, 2006 from http://www.nlrb.gov/nlrb/legal/manuals/rules/act.asp
PRLI (2004). Overview of Federal and State Civil Rights Laws. Public Law Research Institute (1993-2004). Retrieved August 13, 2006 from http://w3.uchastings.edu/plri/spring98/appacalifag.html
Right-to-work law. (2005, August 7). In Wikipedia, The Free Encyclopedia. Retrieved August 12, 2006 from http://en.wikipedia.org/w/index.php?title=Right-to-work_law&oldid=68232440.
University of Phoenix. (2006). The Employer/Employee Relationship. Week Two Read Me First. Retrieved July 22, 2006, from University of Phoenix, rEsource, MGT434--Employment Law course web site.
USDL (2006). Employment Law Guide, Overview, U.S. Department of Labor. (2006) Washington, D.C. Retrieved August 12, 2006 from http://www.dol.gov/ compliance /guide/overview.htm
USDL (2006). History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938-1996, U.S. Department of Labor. (2006) Washington, D.C. Retrieved August 12, 2006 from http://www.dol.gov/esa/minwage/chart.htm
USDL (2006). State Child Labor laws Applicable to Agricultural Employment January 1, 2006, U.S. Department of Labor. (2006) Washington, D.C. Retrieved August 12, 2006 from http://www.dol.gov/esa/programs/whd/state/agriemp2.htm
USDL (2006). The Fair Labor Standards Act (FLSA), U.S. Department of Labor. (2006) Washington, D.C. Retrieved August 12, 2006 from http://www.dol.gov/ compliance /laws/comp-flsa.htm
Workplace Fairness (2006). Filing A Discrimination Complaint: Arizona, Workplace Fairness, 2006. Retrieved August 12, 2006 from http://www.workplacefairness.org/index.php?page=file_AZ
