Employment Law

The United States Department of Labor has enacted employment laws to protect both employees and employers in the workplace.  These laws protect people in the workplace from discrimination, violence, unfair pay practices, health and safety violation and the like.  Labor disputes go back to 1636 when fishermen went on strike of the coast of Maine.  Strikes were considered to be illegal. The only case of known criminal prosecution involving workers was the result of the carpenter’s strike in 1746 in Savanah, Georgia.  As America entered the Industrial Revolution, large cities on the eastern seaboard saw a huge number of migrants who were artisans and journeymen.  The competition between these workers was at a level not seen before causing limited opportunities and greater risks.  In the first half of the 19^th century alone, there were 23 cases of criminal conspiracy.  The basis of these legal proceedings was the rights of the workers for higher wages, fewer hours and better working conditions.    These are still behind most labor complaints today.   

The Department of Labor has enacted many laws protecting workers.  Not only do the laws deal with wages, hours and working conditions, they deal with discrimination of people with disabilities, marital status, race, age, sexual orientation and gender.  Employers must make all employment opportunities available to everyone who is qualified for the work.  Employers must make provisions to enable those with handicaps to access the workplace and perform jobs. This in no way requires an employer to go to extreme measure to accommodate a handicap; reasonable measures are to be taken.

Whistleblowers and retaliation practices have laws protecting those who speak out about dangers or illegal activities in the workplace.  No one who brings these practices to light is allowed to be penalized or have action taken against them in retaliation.  In the same subject line, there are many laws that regulate safety in the workplace.  An employer must ensure a safe environment for an employee performing his or her job.  Training on equipment is mandatory and safety precautions taken.

There are laws addressed by the Department of Labor that are job specific.  Regulations for Black Lung are spelled out for those in the coal mining industry.  These regulations protect coal miners from certain health risks.  There is specific language for registered nurses, crewmembers and service men.  Worker’s compensation laws protect the earnings of employees who are injured on the job.