WORKER PROTECTION LAWS were first enacted in 1935, when Congress passed & FDR signed the NATIONAL LABOR RELATIONS ACT (those who insist that FDR was “against public unions” are LYING, as he was only against their being able to STRIKE).
It SPECIFICAL
LY protects the right of unions to ENGAGE IN COLLECTIVE BARGAINING & the right of workers to join unions… INCLUDING PUBLIC ONES.
Congress drew upon the same Constitutional power to pass the 1932 NORRIS-LAGUARDIA ACT, which limited the POWER OF THE GOVERNMENT TO LIMIT LABOR STRIKES.
The Supreme Court has decided many labor law disputes under the 5th & 14th Amendments. The 5th guaranteeing due process of law at the FEDERAL LEVEL WHILE the 14th incorporates due process at the STATE & LOCAL LEVELS.
The court has used the 14th Amendment to UPHOLD LAWS providing for the MINIMUM WAGE, LENGTH OF WORKWEEK before employers must PAY OVERTIME, TIME OFF TO VOTE & WORKER'S COMPENSATION.
Congress & the Supreme Court have also used the 5th & 14th Amendment Powers to PROTECT WORKERS FROM DISCRIMINATION. Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, gender, color, religion or national origin & it also created the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to enforce the law.
FEDERAL STATUTES also prohibit WAGE DISCRIMINATION based on GENDER, AGE OR DISABILITY.
INDIVIDUAL STATES MAY EXPAND WORKER RIGHTS, but the SUPREMACY CLAUSE IN ARTICLE VII & incorporation under the 14th Amendment EXTENDS FEDERAL PROTECTIONS AT THE STATE LEVEL
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