United States labor law in the context of "Freedom of speech in the United States"

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⭐ Core Definition: United States labor law

United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few 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. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.

A contract of employment can always create better terms than statutory minimum rights. But to increase their bargaining power to get better terms, employees organize labor unions for collective bargaining. The Clayton Act of 1914 guarantees all people the right to organize, and the National Labor Relations Act of 1935 creates rights for most employees to organize without detriment through unfair labor practices. Under the Labor Management Reporting and Disclosure Act of 1959, labor union governance follows democratic principles. If a majority of employees in a workplace support a union, employing entities have a duty to bargain in good faith. Unions can take collective action to defend their interests, including withdrawing their labor on strike. There are not yet general rights to directly participate in enterprise governance, but many employees and unions have experimented with securing influence through pension funds, and representation on corporate boards.

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👉 United States labor law in the context of Freedom of speech in the United States

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision of what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.

The First Amendment's freedom of speech right not only proscribes most government restrictions on the content of speech and ability to speak, but also protects the right to receive information, prohibits most government restrictions or burdens that discriminate between speakers, restricts the tort liability of individuals for certain speech, and prevents the government from requiring individuals and corporations to speak or finance certain types of speech with which they do not agree.

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United States labor law in the context of American economy

The United States has a highly developed diversified market-oriented mixed economy. It is the world's largest economy by nominal GDP and second largest by purchasing power parity (PPP). As of 2025, it has the world's ninth-highest nominal GDP per capita and eleventh-highest GDP per capita by PPP. According to the World Bank, the U.S. accounted for 14.8% of the global aggregate GDP in 2024 in purchasing power parity terms and 26.2% in nominal terms. The U.S. dollar is the currency most used in international transactions and the world's foremost reserve currency, backed by a large U.S. treasuries market, its role as the reference standard for the petrodollar system, and its linked eurodollar. Several countries use it as their official currency and in others it is the de facto currency. Since the end of World War II, the economy has achieved relatively steady growth, low unemployment and inflation, and rapid advances in technology.

The American economy is fueled by high productivity, well-developed transportation infrastructure, and extensive natural resources. Americans have the sixth highest average household and employee income among OECD member states. In 2021, they had the highest median household income among OECD countries, although the country also had one of the world's highest income inequalities among the developed countries. The largest U.S. trading partners are Mexico, Canada, China, Japan, Germany, South Korea, the United Kingdom, Taiwan, India, and Vietnam. The U.S. is the world's largest importer and second-largest exporter. It has free trade agreements with several countries, including Canada and Mexico (through the USMCA), Australia, South Korea, Israel, and several others that are in effect or under negotiation. The U.S. has a highly flexible labor market, where the industry adheres to a hire-and-fire policy, and job security is relatively low. Among OECD nations, the U.S. has a highly efficient social security system; social expenditure stood at roughly 30% of GDP.

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United States labor law in the context of Civil Rights Act of 1964

The Civil Rights Act of 1964 (Pub. L. 88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".

Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its enumerated power to regulate interstate commerce under the Commerce Clause of Article I, Section 8, its duty to guarantee all citizens equal protection of the laws under the 14th Amendment, and its duty to protect voting rights under the 15th Amendment.

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United States labor law in the context of Walter Reuther

Walter Philip Reuther (/ˈrθər/; September 1, 1907 – May 9, 1970) was an American leader of organized labor and civil rights activist who built the United Automobile Workers (UAW) into one of the most progressive labor unions in American history. He considered labor movements not as narrow special interest groups but as instruments to advance social justice and human rights in democratic societies. He leveraged the UAW's resources and influence to advocate for workers' rights, civil rights, women's rights, universal health care, public education, affordable housing, environmental stewardship and nuclear nonproliferation around the world. He believed in Swedish-style social democracy and societal change through nonviolent civil disobedience. He cofounded the AFL-CIO in 1955 with George Meany. He survived two attempted assassinations, including one at home where he was struck by a 12-gauge shotgun blast fired through his kitchen window. He was the fourth and longest serving president of the UAW, serving from 1946 until his death in 1970.

As the leader of five million autoworkers, including retirees and their families, Reuther was influential inside the Democratic Party. Following the Bay of Pigs in 1961, President John F. Kennedy sent Reuther to Cuba to negotiate a prisoner exchange with Fidel Castro. He was instrumental in spearheading the creation of the Peace Corps and in marshaling support for the Civil Rights Act of 1964, the Voting Rights Act of 1965, Medicare and Medicaid, and the Fair Housing Act. He met weekly in 1964 and 1965 with President Lyndon B. Johnson at the White House to discuss policies and legislation for the Great Society and war on poverty. The Republican Party was wary of Reuther, leading presidential candidate Richard Nixon to say about John F. Kennedy during the 1960 election, "I can think of nothing so detrimental to this nation than for any President to owe his election to, and therefore be a captive of, a political boss like Walter Reuther." Conservative politician Barry Goldwater declared that Reuther "was more dangerous to our country than Sputnik or anything Soviet Russia might do."

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United States labor law in the context of National Labor Relations Act of 1935

The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.

The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, including interference with the formation or organization of labor unions by employers. The act does not apply to certain workers, including supervisors, agricultural employees, domestic workers, government employees, and independent contractors.

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United States labor law in the context of Solidarity action

Solidarity action (also known as secondary action, a secondary boycott) is an action taken by an uninvolved third party to assist one of the primary parties to a dispute. The most commonly encountered form is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm. This latter type of action is also known as a solidarity strike, or a sympathy strike). Employers can also participate in solidarity action, for example by blacklisting (refusing to hire) employees who have been dismissed by another employer for having taken industrial action. A consumer boycott – refusal to buy the products of one of the participants (a company or even a state) – is another well-known form of solidarity action.

In Australia, Latvia, Luxembourg, the United States, and the United Kingdom, solidarity industrial action is theoretically illegal, and strikes can only be against the contractual employer. Germany, Italy and Spain have restrictions in place that restrict the circumstances in which solidarity action can take place (see European labour law).

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