Categories of Labor Law
Labor law covers a broad area of subjects. Labor laws were slow to develop, and are a continual source of conflict. Labor law began to develop in the Nineteenth and Twentieth centuries. There are two basic classifications of labor laws. Collective labor laws are examples of labor law which govern the relationship between employers, employees, and labor unions. Individual labor laws are the area of law concerned with an individual’s rights within the workplace as well as the contracts which are signed to restrict the govern the terms of work.
The first category of labor law concerns itself with contracts of employment. Contracts of employment have provided the foundation of Western economic growth since the collapse of feudalism. These contracts based upon established labor laws provide the core basis for modern economies throughout the world. Labor law within the United States recognizes two forms of contract. The first is a contract to provide employment to complete a specific task, such as the construction of a house or for a specific period of time. These contracts are less common that “at-will” contracts. In the United States most state labor laws recognize that an employee only has their job at the will of their employer. Labor law recognizes the right of the employer to release an employee at any time, with a period of advanced warning determined by the contract, so long as the release does not violate any labor laws, such as those guaranteeing protection from any kind of discrimination.
Other areas of labor law that are common in many countries around the world are the establish the payment of a minimum wage, limitations of hours that can be worked by an individual, restrictions on the work of underage persons, guarantees of workplace safety, and protection from indiscriminate firing. Labor laws regarding a minimum wage were first established in the United States in 1938. Most of the industrialized nations have established minimum wage laws, while underdeveloped countries lack these protective labor laws. Labor laws which established an eight hour work day as the standard developed during the 1840s. These labor laws started as an attempt to protect underage children from the unscrupulous practices of factory owners and overseers. The eight hour work day established by these labor laws were much lower than the standard number of hours which had been common, which reached as high as sixteen hours or more following the Industrial Revolution. Work place safety standards in the United States are monitored under the labor law which established OSHA, the Occupational Safety and Health Administration. The first employment laws governing workplace safety were establish in England in 1802.
Employment law dealing specifically with children’s rights represent an outgrowth of the movement for universal schooling and worker’s rights. Child labor is generally seen as exploitative, but unfortunately much of it happens outside of the reach of officials charged with enforcing labor law. Despite the attention paid to children working in sweatshops, mot of the violations of these labor laws take place in informal settings, such as children working in the home, selling items on street corners, or working in agriculture.
