AN OVERVIEW OF FEDERAL LEGISLATION
THAT COVERS U.S. WORKERS

Historically, organized labor’s ability to gain passage of even minor legislation favorable to workers often depended on mass grass roots mobilization, demonstrations and even civil disruptions. The same was true for the civil rights movement. The reality is that big business, the wealthy and reactionary politicians used their money and power to make it impossible for the average American to realize social political gains unless they were prepared to engage in a unified fight to achieve such gains.

Many of this nations employers, employer organizations and conservative politicians opposed and tried to stop the passage of many of the present people laws that exist in this nation. Even decades after such laws were passed, employers still violate them. Legislation benefiting and protecting the average worker in America lag far behind such laws that exist in most other industrialized countries of the world.

Railway Labor Act 1926: Sets out the responsibilities of management and workers in the rail and airline industries and provides for negotiations and mediation procedures to settle labor disputes.

Norris-LaGuardia Act 1931: Limits federal injunctions against strikes and outlawed "yellow dog" contracts.

Davis-Bacon Act 1931: Provides for payment of prevailing local wages and fringe benefits to workers employed by contractors and subcontractors of federal contracts for construction and repairs of public buildings and works.

National Labor Relations Act 1935: Protects certain rights of workers to engage in concerted activity, including the right to organize into a union.

Unemployment Compensation Act 1935: A provision of the Social Security Act. Authorizes funding for state unemployment compensation and provides for a framework for unemployment insurance programs.

Walsh-Healy Act 1936: Provides for labor standards, including wage and hour for employees working on federal contracts for the manufacturing of finishing materials, supplies, articles or equipment.

Fair Labor Standards Act 1938: Establishes national minimum wage, overtime pay and child labor standards.

Veterans’ Reemployment Act 1940: Provides for reemployment rights for persons returning from active duty, reserve training, or National Guard duty.

Taft-Hartley Act 1948: Outlaws secondary boycotts and sit-down strikes by unions, provides for new injunctive relief for employers and creates right-to-work states.

Labor-Management Reporting & Disclosure Act 1959: Establishes certain rights for members of unions, requires reporting and disclosure of certain financial information and administrative practices of unions and employer consultants.

Contract Work Hours & Safety Standards Act 1962: Establishes standards for hours, overtime compensation, and safety for employees working on federal and federally funded contracts and subcontracts.

Executive Order 11246, 1962: Prohibits discrimination against an employee or applicant for employment on the basis of race, color, religion, sex, or national origin by federal contractors.

Service Contract Act 1963: Provides for payment of prevailing local wages and fringe benefits and safety & health standards for employees of contractors and subcontractors providing service under federal contracts.

Equal Pay Act 1963: Prohibits discrimination on the basis of sex in the payment of wages.

Civil Rights Title VII of the Civil Rights Act 1964: Prohibits employment or membership discrimination by employers, employment agencies, and unions on the basis of race, color, religion, sex, or national origin; prohibits discrimination in employment against women affected by pregnancy, childbirth, or related medical condition.

Age Discrimination Act 1967: Prohibits employment discrimination on the basis of age against persons 40 years and older.

Federal Mine & Safety Act 1969: Requires mine operators to comply with health and safety standards and requirements established to protect miners.

Occupational Safety & Health Act 1970: Requires employers to furnish each employee with work and a workplace free from recognized hazards that can cause death or serious harm.

Postal Reorganization Act 1970: Provides for collective bargaining and negotiated grievance procedure, final and binding arbitration in disputes for postal workers.

Consumer Protection Act 1970: Provides that a worker cannot be fired for the first garnishment and the court must leave one quarter of the workers’ income.

Rehabilitation Act 1973: Prohibits federal contractors and subcontractors from discriminating in employment on the basis of disability and requires them to take affirmative action to employ and advance in employment, individuals with disabilities.

Employee Retirement and Income Security Act 1974: Establishes uniform standards for employee pension and welfare benefit plans, including minimum participation, accrual and vesting requirements, fiduciary responsibilities, reporting and disclosure.

Federal Civil Service Act 1978: Establishes the right of federal civil servants to be represented by unions.

Surface Transportation Act, Anti-Retaliatory Provision 1978: Prohibits the discharge or other discriminatory action against an employee for filing a complaint relating to a violation of a commercial motor vehicle safety rule or regulation, or refusing to operate a vehicle that is in violation of a federal rule.

Migrant and Seasonal Agricultural Workers Protection Act 1983: Protects migrant and seasonal agricultural workers in their dealings with farm contractors, employers and associations and provides migrant housing.

Immigration Reform & Control Act 1986: Prohibits the hiring of illegal aliens and imposes certain duties on employers; protects employment rights of legal aliens; authorizes but limits the use of imported temporary agricultural workers.

Consolidated Omnibus Budget Reconciliation Act 1986: Provides for continued health care coverage under group health plans for qualified separated workers for up to 18 months.

Drug Free Workplace Act 1988: Requires recipients of federal grants and contracts to take certain steps to maintain a drug free workplace.

Hiring & Separation Decisions Employee Polygraph Act 1988: Prohibits the use of lie detectors for pre-employment screening or use during the course of employment.

Workers Adjustment & Retraining Act 1988: Requires employers to provide 60 days advance written notice of a lay-off to individual affected employees, local governments, and other parties.

Americans With Disabilities Act 1990: Prohibits employment discrimination against individuals with disabilities; requires employers to make reasonable accommodations for disabilities.

Family Medical Leave Act 1993: Entitles employees to take up to 12 weeks of unpaid, job protected leave for each specified family member, including medical reasons such as the birth or adoption of a child or illness in a family.

 

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