Labor Standards
Over the course of the century, both
state and federal governments have increasingly intervened in the relationship
between employer and employee. This government regulation is aimed primarily at
protecting workers from financial hardship and bodily harm, preventing abusive
practices, and maximizing employment. Most of the legislation in force today
grew out of President Roosevelt's efforts to cope with the devastation of the
Great Depression of the 193Os. While some states recognized the existence of
labor problems at an earlier date, the Depression effectively demonstrated just
how outside forces could overwhelm even the best prepared and most responsible
of families. Government intervention seemed an appropriate solution to many of
the problems.
The Fair Labor Standards Act established
the basic labor standards that we take for granted today: the minimum wage,
overtime pay for more than a 40-hour week, a minimum age for workers, and-in a
later amendment-equal pay for the two sexes. This law has been supplemented by
state minimum wage laws.
The workers compensation system is a
network of state statutes that pays for the medical expenses of workers injured
on the job and partially replaces their lost wages. It is a no-fault system
heavily influenced by insurance concepts that offers more universal and more
efficient compensation than the common law tort system. The federal
government's role has been limited to extending coverage to some special
categories of workers and to exerting pressure on states to expand their
benefits.
Despite attempts to broaden its
coverage, workers compensation has failed to cope adequately with occupational
illness. There is as yet no effective system in place to help workers who
develop illnesses after prolonged exposure to toxic substances on the job. The
federal government has so far intervened only on behalf of coal miners
suffering from black-lung disease, but the crisis with as bestos-related
disease may prompt Congress to take more comprehensive action.
A combined system of welfare, social
security, and private pensions is designed to provide an adequate income to
retirees and their dependents Federal programs and policies guarantee minimal
subsistence for the elderly in need mandate individual contributions to social
security retirement funds, and encourage both company pensions and individual
savings for retirement. Social Security benefits, while nearly universal, are
relatively low. The government's goal is not to provide full support for
retired workers, but to supplement private sources of retirement income.
Unemployment compensation is a joint
state and federal program which partially replaces a worker's earnings during
temporary periods of unemployment It provides a fallback for employees who lose
their jobs involuntarily.
The most recent legislation on labor
standards is the Occupational Safety and Health Act. This program tries to
prevent injuries and occupational illness by promulgating and enforcing health
and safety standards for the workplace. Employers are policed by a regular inspection
program, backed up with fines for violations. OSHA's aims, while laudable, have
proven difficult to implement. Business has criticized both the costs and the
effectiveness of the program.