Showing posts with label Labor. Show all posts
Showing posts with label Labor. Show all posts

Monday, November 26, 2012

Labor Law - Reasons For Unions

Ironically, the very entities, Big Business, which despises Labor Unions are the sole reason for their existence. As the nation entered into the Industrial Revolution, the factories in the cities became magnets for rural people yearning to make a decent living for their families.

Cities like Detroit, auto making capital, Pittsburg, steel king and hundreds of others watched their population swell to overabundance seemingly overnight.

These rural workers, black and white, along with their urban counterparts were a hearty bunch of people. They were used to long hours of hard work on the farm, barely scratching out a living. Many had never seen inside plumbing before coming to the city so they weren't the ungrateful type.

You would think the combination of cheap, hard working labor and, for that time, state of the art production methods, would be a marriage made in Business Heaven, and so it was, initially.

The time passed and the workers' families continued to live in squalor due to no decent housing being made available and low wages kept them from moving where decent housing did exist. The workers were forced to work long hours under unbearable conditions with little to show for it.

For instance, workers at a GM factory were forced to sit inside the factory for 5 hours without water or toilet facilities, while waiting for parts to arrive. In those days working 8 hours was just that...working. If the factory was closed down 3 hours for some reason, the workers were forced to work an additional 3 hours for no pay, to make production.

The treatment of workers with production speed ups, no pay increases, no medical benefits, in fact no benefits of any kind, began to breed unrest. This simmering unrest spawned the birth of Unions. The unions provided a means in which workers, as a collective unit, could present grievances to their employer in hopes of solving problems.

Big Business resoundly rebuked the idea of any union or group of workers telling them what to do with their company. Instead of acknowledging the Union as the workers bargaining agent, the companies hired thugs and strike breakers, Pemberton being the most vicious and infamous, to destroy the unions by whatever means they deemed necessary.

Soon picket lines where unions were on strike became the scene of bloody and at times deadly confrontations between workers, hired thugs and the police. The police were nearly always on the companies' side as the worker was viewed as breaking the peace and unlawfully occupying private property.

These bloody confrontations began gathering National attention when the National Guard was called out to break strikes. The idea of American soldiers firing on American citizens brought a public outcry which finally the politicians could no longer ignore.

President Roosevelt signed the National Labor Relations Law, the single most important piece of labor law ever enacted, which granted the workers the right to organize into a Union. It allowed the union to be recognized as the workers sole bargaining unit capable of negotiating contracts for better wages, benefits and working conditions.

It's rather ironic that after years of outsourcing jobs and the Union membership numbers declining, the current treatment of American workers is rekindling the spark of unrest which originally created the need for a union.

In a perfect world of owners becoming wealthy yet sharing the wealth with the workers who produce it, there would be no need for a Union. However, as long as American business puts profits ahead of All else, ignoring society's needs and their obligations, there will always be a need for the Union.

Sadly, the events of corruption and greed displayed by people who operate the businesses the last few years, there is little doubt Unions should be considered an inherent right of every American to become a member of.

California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   Children and Women Labor Law   Immigration Lawyers - What Are They Good for?   

Federal Labor Department's Rule-Making for Restaurants - Is It All Legal?

We have labor laws in the United States because there have been businesses which have taken advantage of employees in the past. They get them into a situation where they can quit their job, and then they start screwing around with their paychecks. It happens all the time, and it happens a lot in larger corporations than you might think, as they try to finagle a way to cut their labor costs. One industry the regulators want to crack down on is the restaurant sector.

Why you ask? Well, it has to do with the IRS, and the failure of many waiters and waitresses, and those who collect tips from reporting their income, but it also has to do with restaurant owners counting those tips as part of their pay, and taking it off their minimum wage. In other words the waitresses and waiters are working for tips only at that point.

This doesn't just happen in the restaurant business, it's also happened in the car wash business and many other industries. The authorities don't like it, and yet they don't have the wherewithal to completely enforce things, and therefore they wait for complaints to start their investigations.

There was an interesting article in the Wall Street Journal on June 17, 2011 by Julie Jargon which was titled "Restaurant Groups Sue Labor Department" which stated that "in April, the Labor Department amended the regulations In the Fair Labor Standards Act to state that restaurant owners now have to explain to each employee, in detail, the exact amount of tips that will be credited towards the minimum wage." And of course there will be an $1100 fine, as well as criminal penalties if the restaurants fail to do this, the new law started in May of 2011.

There is only one problem, the National Restaurant Association says that the Labor Department did not allow a 90 day period for the restaurant industry to make comments on the new law and now the labor department refuses to withdraw any part of the new rule or allow for a comment period which is typical of all new rule-making. Obviously, the article also noted that the restaurant industry has been hit hard do to increased commodity prices, and the struggling economy.

It is unfortunate, that the Federal Labor Department did not allow the restaurants a chance to comment on this rule-making session, and yet it is easily understood why. Nevertheless, arbitrary rule making without a full public comment period is enough to have corporate labor lawyers looking for answers. Indeed I hope you will please consider all this and think on it.

California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   Children and Women Labor Law   

Laws on Child Labor

In most of the countries including America, there is legislation in vogue that prohibits child labor. This means that children under 18 years of age should not be made to work or given a job. Yes but what happens to those children who do community service, who deliver newspaper, who help parents on their farms etc. Does the law clarify situations and circumstances to avoid ambiguity?

Child labour laws have been modified to include certain conditions and exemptions under which children can be employed only under strict rules and regulations that are laid down under specific categories of work.

It would become a problem for the child if he were to find a job that requires him to drive a motor vehicle. The problem would not be with his driving skills but with the jurisdiction that would have clearly defined rules and regulations to follow in such cases and prohibits certain activities not permissible under child labor Act.

The legal age for obtaining driving license across all states is 16 years. Coupled with this the child labor laws of the states do not allow children less than 16 years of age to take up jobs that require driving motor vehicle. Therefore minors have no choice but to wait. However cycling is not considered here for license purpose.

The child labor laws are quite explicit when it comes to detailing the situations, work conditions and the timing that have to be followed while engaging minor children. Besides it also details the list of dos and don'ts for employers. For example children may not be allowed to work anywhere on night shifts and continuously beyond 8 hours.

Every state is very strict when it comes to compliance of child labor laws and protecting children's rights and freedom. Authorities check and ensure that the conditions under which children are made to work are right and that they are not made to work on night shifts or work continuously more than 8 hours.

The laws further elaborate on the possible dangers and situations that the employers need to avoid and take care to ensure the children are not put to risk. Children cannot be employed in any place where there are likely to be dangers or health risks involved. You cannot make the child climb up on rooftop to assist in a repair job; painting or exposure to paints may not be allowed.

To get more information concerning the laws applicable to a particular state, you could contact a local attorney dealing with labor laws or check the government website.

California Labor Laws and the Domestic Workers Bill of Rights Movement   What Happens If I Win My Employment Tribunal?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   Children and Women Labor Law   

Twitter Facebook Flickr RSS



Français Deutsch Italiano Português
Español 日本語 한국의 中国简体。