17 Jul 2022

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Labor Legislation Analysis: A Comprehensive Guide

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Academic level: Master’s

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Introduction 

Labor Legislation involves set of rules and regulations that focus on governing critical stakeholders in the employment industry that require the workers, the trade unions, the government, and the employers in various industries. The relations between the key stakeholders in the workplaces play an essential role in enhancing progress in the industry and provide an avenue for positive performances. In that case, the labor legislation laws capitalize on mediating the relationships with the aim of creating an atmosphere for cooperation. The central labor legislation laws that were enacted during the 20 th century include the Fair Labor Standards Act of 1938 and the Minimum Wage Fairness Act. The primary factor that attributed to the implementation of the labor legislation laws involved the industrial revolution that called for the expansion of the employment industry. The legislation laws focused on statutes enhancing the working environment.

The circumstances that led to the Passing of the Legislation 

According to Fleck (2002), different conditions contributed to the enactment and passing of the laws to enhance the employment industry and improve the American workforce. During the 20 th century, a majority of the employers engaged the employees in work under unfavorable and challenging working conditions, which was an aspect that contributed to the decrease in efficiency and performance within the workforce. In that case, a majority of the workers had to work for many hours in without the necessary compensation. Additionally, children in the American workforce were an active part where they undertook various roles in the employment industry. The engagement of children in employment contributed to a situation where children faced oppression and exploitation from the employers and other workers. Based on the given aspect, the federal government of the United States enacted a passed the fair labor standards act that focused on enhancing fairness in the industry and which prohibited the employers from employing children.

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Another significant aspect that was critical during the 20 th century was the fact that the majority of the employers exploited the workers by providing undertaking unfair compensation despite the nature of work conducted. Majority of the employers did not consider the rewarding the employees based on the number of hours worked thereby leading to overworking, which in turn reduced individual capacity to perform (Reich, 2015). During this time, the government and the labor unions focused on defining legislation laws that would protect the employees against exploitation from the employers. The enactment of Minimum Wage Fairness Act concentrates on identifying the minimum wage that the employees should be paid per working hour and defined the recommended number of working hours. Additionally, the Minimum Wage Fairness Act defined the working conditions of the employees and established the safety measures and the compensation strategies that require to be implemented.

How the legislation affected the employees and the unions 

Both the Fair Labor Standards Act of 1938 and Minimum Wage Fairness Act changed employees and the unions in different ways. From the perspective of the employees, the legislation changed employees as they sought to focus on trying to create a platform for equality within the workplace taking into account that the acts sought to reflect on balance. Ultimately, this has been of great value towards ensuring that the employees would be in a better position from which to build on their productivity. From the perspective of the unions, the acts have been of great help towards fighting for the rights of employees considering that they serve the purposes of ensuring that employers build concrete structures for adequate performance. Ultimately, this has provided unions with the motivation that they need to rely on their capacities for enhanced performance outcomes.

How the legislation affected the employers 

The law has had several notable impacts on employers in the United States, which is an essential aspect of consideration. The Fair Labor Standards Act of 1938 has had a significant effect on the human resource departments within companies taking into account that it seeks to create a provision from which to avoid cases of discrimination (Seltzer, 1995). The act builds on the understanding that employers must put in place effective approaches that would seek to promote equality and non-discrimination of employees. Thus, this has created the need for employers to focus much of their attention towards building legislation that would reflect on the idea of equality within the workplace environment. An example can be seen from a policy set out within the workplace environment that supports non-discrimination of employees by their racial or ethnic background.

On the other hand, the Minimum Wage Fairness Act has had notable impacts on employers touching in the issue of remuneration, which remains a critical issue of concern within the workplace. Specifically, the act seeks to ensure that employers understand the value of having to put in place measures that would ensure fairness in remuneration regardless of the differentiation in gender or racial background. The outcome of this is that it has helped towards building that positive front from which to support equality as a critical entity of expectation within the workplace. Technically, this has contributed towards relying on a concrete structure of performance with the focus being towards ensuring that employers understand the importance of having to maintain equality within the workplace. That has meant that employers must be willing to focus on remuneration for work done policy.

Applicability of the Law Today 

The two legislations identified, Fair Labor Standards Act of 1938 and Minimum Wage Fairness Act, are not only applicable in the American workplace environment but are also viewed as being somewhat crucial towards defining the overall structure of the labor force. The Fair Labor Standards Act of 1938 is applicable in the American labor market today, as it seeks to ensure that the federal government in the United States works towards the adoption of practical strategies that would attempt to build on an open platform for workers. The enforcement of the actor plays a critical role towards making on the understanding that employees must be accorded affair platform for labor rights. Additionally, the act seeks to create a front from which employers are expected to build on their capacities towards creating fair platforms for their employees.

On the other hand, the Minimum Wage Fairness Act is also applicable in the labor market today considering that it has been used as a critical determinant of the minimum wage for employees within the United States (Davidov, 2009). One of the essential issues that have remained as a crucial platform for debate in the United States has been the issue of minimum wage. The applicability of this legislation focuses on set minimum wage standards within different jurisdictions. Thus, this seems to suggest that indeed this particular act remains as a critical piece of legislation that remains relevant to the labor market in the country. A review of the two legislations suggests that they are both very applicable to the United States within their current state and do not require any significant changes towards ensuring that they build on their overall levels of effectiveness.

References

Davidov, G. (2009). A purposive interpretation of the National Minimum Wage Act.  The Modern Law Review 72 (4), 581-606.

Fleck, R. K. (2002). Democratic opposition to the fair labor standards act of 1938.  The Journal of Economic History 62 (1), 25-54.

Reich, M. (2015). The ups and downs of minimum wage policy: The Fair Labor Standards Act in historical perspective.  Industrial Relations: A Journal of Economy and Society 54 (4), 538-546.

Seltzer, A. J. (1995). The political economy of the Fair Labor Standards Act of 1938.  Journal of Political Economy 103 (6), 1302-1342.

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StudyBounty. (2023, September 15). Labor Legislation Analysis: A Comprehensive Guide.
https://studybounty.com/labor-legislation-analysis-a-comprehensive-guide-essay

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