Talk:United States labor law

Business Mid‑importance

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Law

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United States Low‑importance

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Organized Labour High‑importance

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Wiki Education Foundation-supported course assignment

This article was the subject of a Wiki Education Foundation-supported course assignment, between 21 August 2018 and 11 December 2018. Further details are available on the course page. Student editor(s): WaltzingwithWeasleys.

Above undated message substituted from Template:Dashboard.wikiedu.org assignment by PrimeBOT (talk) 12:03, 17 January 2022 (UTC)[reply]

New Title for Category?

It's a fine point but I think important, Employment Law and Labor Law have different connotations as legal terminology, and I would suggest retitling the category to Employment & Labor Law, which is a common way of speaking about the two very closely related topics. Labor Law is the term usually used to speak about laws regulating wages, hours, working conditions, workplace safety and unions, and it's association with union law is the strongest. The term Employment Law on the other hand typically refers to topics like wrongful termination, workplace discrimination and harassment, employer retaliation, etcetera. If you take a Labor Law class at law school the only topic will be union law. The Employment Law class will cover everything else, even though some of the topics are often referred to as Labor Laws. The reason wage and hour, child labor laws, and other protections for low wage hourly workers are often referred to as Labor Laws is because they started being passed into law in the early days of the American Labor Movement's general push for protections for hourly workers. That movement eventually lead to the FLSA and the NLRA being adopted as federal law under FDR. Employment Law is more associated with protections that began to aggregate in the mid twentieth century beginning with the first cases holding that employees couldn't be fired for reasons that were against public policy, like testifying against your employer. Employment Law protections, while protecting all workers, are a little more associated with white collar workers who are typically not protected by Labor Laws. It's the law - so it's a big mess and there are a lot of grey areas and there is a lot of intertwining between the two topics. But if you are studying or working in the area of Employment & Labor Law, this is a distinction you should be able to identify. When I get some more time I'll try to find a source to support this understanding of the distinction. BTW - lots of good stuff in this category! Great work. Sean C. Murphy

Untitled

There are a growing number of articles about labor law on Wikipedia, especially about American labor law. Is it time for a labor law category in the Wiki Law Project? You're the lawyer around here. Tim1965 15:32, 8 July 2006 (UTC)[reply]

dismissal

The text has currently the following two quotes: "That is, in most states, absent an express contractual provision to the contrary..." and "While most state and federal laws start from the presumption...". What does most states mean? Rather than stating it here and the information becomes old at one point, could you point me into the direction where I could find out more about this? Bernburgerin 21:47, 4 September 2007 (UTC)[reply]

Constitution?

The article says that

The Constitution ... bars public employers from retaliating against employees for forming a union, ...

Where does the Constitution say this?

Britishisles (talk) 02:49, 10 March 2011 (UTC)[reply]

External links modified

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Picture sizes

Please keep the pictures on the standard thumbsize. Especially for people with small screens is is annoying to get pictures at 400px. By clicking on the picture you can make them bigger anyway. The Banner talk 20:17, 28 August 2016 (UTC)[reply]

Done. Presumably this responded to growth of mobile phone users? Wik idea 22:29, 29 August 2016 (UTC)[reply]

Expansion

I'm expanding the page, to make it a genuine article that can be used for credible legal information, based on the best sources in the literature, statute and case law. All suggestions are more than welcome. Wik idea 22:29, 29 August 2016 (UTC)[reply]

External links modified

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External links

Hello Admin, I have done a lot of research on this firm and it is indeed an employment law firm based in San Diego, California. https://www.employmentlaw.legal/ .It is law firm which fights for various laws and i think it should be included in the external links section.Thanks admin. — Preceding unsigned comment added by Ajitchoubeyb (talk • contribs) 05:18, 11 June 2018 (UTC)[reply]

Too long?

This article is very long and might be hard to navigate. Should we consider splitting it up? --Daviddwd (talk) 06:23, 27 December 2018 (UTC)[reply]

2020 SCOTUS Ruling

This article hasn’t been updated to reflect the Court’s decision that federal law protects gender identity and sexual orientation. ~~ ZRAF (talk) 04:11, 10 September 2020 (UTC)[reply]

Inaccuracy in Initial Summary - State laws (Paid Family Leave)

The first paragraph of the initial summary section currently states: "There are no federal or state laws requiring paid holidays or paid family leave: the Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers."

While accurate for federal law, there are state laws for paid family leave. For example, California: ^[1] — Preceding unsigned comment added by Barrackar (talk • contribs) 06:30, 12 February 2021 (UTC)[reply]

References

^ https://edd.ca.gov/Disability/paid_family_leave.htm

This article is a train wreck

Unfortunately, I have neither the time, energy, nor inclination to fix it.

My general impression, from my brief forays into labor law, is that the tests for bargaining to impasse and for mandatory v. permissive subjects of collective bargaining do not make sense, but both sides (labor and employers) have failed to settle on any bright-line tests. So lawyers on both sides are too exhausted from fighting such battles to find any time to meaningfully contribute to Wikipedia. Coolcaesar (talk) 18:12, 14 September 2024 (UTC)[reply]

[1] ttps://edd.ca.gov/Disability/paid_family_leave.htm

[1]