THE AMERICAN SYSTEM FOR REGULATING THE WORKPLACE

This article provides an overview of the legal system for regulating workers and the workplace in the United States. Broadly speaking, workplace protections are available on a somewhat unequal basis, depending on whether the worker is classified as an employee or an independent contractor. Independent contractors are not protected under various employment laws. For workers that qualify as employees, state and federal laws provide protection relating to discrimination, retaliation, and workplace safety. State and federal law also provide for minimum wage and overtime.Employees generally do not have additional legal protections relating to wages and hours unless their workplace is unionized. However, union membership in the United States has declined over the last several decades, and now stands at roughly 10.7% of the workforce. Further, employers frequently require non-unionized workers to sign mandatory arbitration agreements, which limits their ability to bring a class action claim against their employer