What Is the Difference Between Labor Law & Employment Law? - Labor Laws

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Saturday, October 17, 2015

What Is the Difference Between Labor Law & Employment Law?

Labor law is about collective action by the workforce.Labor law is about collective action on the part of workers to bring about change in working conditions and pay by forming unions for the purpose of collective bargaining with employers. Employment law encompasses all phases of the employer and employee relationship, including, but not limited to, wages, benefits, employment management rights and work-place safety.
 
History of Labor Law

    The Clayton Act of 1914 established the right of employees to organize and stated, "The labor of a human being is not a commodity or article of commerce." The Railway Labor Act forbade employers from discriminating against unions and forced them to bargain collectively with unions. A series of Congressional Acts followed, allowing employees to join unions, strike and provided for arbitration of disputes between the unions and the employer.

History of Employment Law

    The history of employment law may be traced to 14th Century England's Master and Servant Law. Because of a shortage of workers caused by the Black Plague coupled with Parliament's concern about idle people, laws were passed to suppress wages, tie workers to a single master for a period of time and fix the social status of the worker for life.

The Influence of Labor Law

    As a result of labor organizers' efforts, the Fair Labor Standards Act of 1938 guarantees all workers affecting interstate commerce must be paid a minimum wage and establishes maximum hours for all work. As a result of the Supreme Court's opinion in the Steel Worker's Trilogy cases, the importance of grievance hearings before a neutral arbitrator influenced non-union employers to adopt similar procedures. Labor law influenced the passage of the Occupational Health and Safety Act (OSHA) and other worker safety legislation

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