美國勞動法

美国劳动法是美國一系列規範美国雇员、美國工會和雇主之間的权利和义务的法律^[1]。 1938年公平勞動標準法規定了美國全國的最低工資，但在29个州和华盛顿特区，该标准更高。不過目前没有联邦法律、也没有州法律就带薪假期或帶薪產假與育嬰假有過規定。^[2]

美國一些僱員为了加強谈判实力，获得更好的待遇，進而组织工会與僱主进行集體協商。克莱顿反托拉斯法保障了所有人组织工会的权利，全国劳资关系法赋予大多数雇员组织工会的权利，並讓他们不会受到不當勞動行為的侵害。^[3]

自1964年民權法案颁布以来，所有雇主和工会都必須平等对待员工，不得因為“种族、肤色、宗教、性别或国籍”等因素歧视他們^[4]。1963年公平薪酬法案還就男女薪酬做出規定。^[5]

参考文献

^ National Labor Relations Act of 1935, 29 USC §141. J. R. Commons and J. B. Andrews, Principles of Labor Legislation (Harper 1916) ch 1, The basis of labor law, 9, "where bargaining power on the one side is power to withhold access to physical property and the necessaries of life, and on the other side is only power to withhold labor by doing without those necessaries, then equality of rights may signify inequality of bargaining power."
^ Most statutes explicitly encourage this, including the FLSA 1938, the Civil Rights Act of 1964, and the Family and Medical Leave Act of 1993. "Federal preemption" rules have, however, restricted experimentation in key areas. These include the National Labor Relations Act 1935, as the US Supreme Court developed a doctrine not found in the Act, and Employee Retirement Income Security Act of 1974.
^ 15 USC §17, "The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."
^ CRA 1964 §703(a)(1), 42 USC §2000e-2(a), "Employers must not refuse to hire, discharge or otherwise discriminated 'against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin."
^ cf International Labour Organization, Termination of Employment Convention, 1982 setting out general principles on fair reasons for discharge of workers.

[1] National Labor Relations Act of 1935, 29 USC §141. J. R. Commons and J. B. Andrews, Principles of Labor Legislation (Harper 1916) ch 1, The basis of labor law, 9, "where bargaining power on the one side is power to withhold access to physical property and the necessaries of life, and on the other side is only power to withhold labor by doing without those necessaries, then equality of rights may signify inequality of bargaining power."

[2] Most statutes explicitly encourage this, including the FLSA 1938, the Civil Rights Act of 1964, and the Family and Medical Leave Act of 1993. "Federal preemption" rules have, however, restricted experimentation in key areas. These include the National Labor Relations Act 1935, as the US Supreme Court developed a doctrine not found in the Act, and Employee Retirement Income Security Act of 1974.

[3] 15 USC §17, "The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."

[4] CRA 1964 §703(a)(1), 42 USC §2000e-2(a), "Employers must not refuse to hire, discharge or otherwise discriminated 'against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin."

[5] International Labour Organization, Termination of Employment Convention, 1982 setting out general principles on fair reasons for discharge of workers.

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