The National Labor Relation Act restricts employers from denying employees to form and join trade unions to help them collectively bargain to improve their conditions and terms of their employment. Similarly, workers unions should not interfere or coerce workers when exercising these rights. This article will answer frequently asked questions on labor unions that you need to know.

What are examples of employer’s conduct that violates the right of employees?

• Threatening workers that they will lose their benefits if they join a trade union
• Questioning workers about their involvement in labor unions activities
• Promising employees benefits to distract them from supporting union activities
• Punishing, laying off, terminating employees who are involved in protected union activities
• Threatening that they will close the factory if workers choose a union to protect them

How do workers form labor unions?

When employees want to improve the working conditions and terms of their jobs, they work National trade union to form their chapter. Once most workers show their interest in creating a union, sometimes employers allow them to continue. After they are allowed, they can request the government to conduct elections of the union officials. Afterwards, they draft a collective bargaining agreement that explains the responsibilities and rights of each party in the organization.

What are the examples of labor union activities that are not lawful?

• Threatening employees that they risk losing their jobs if they don’t join union
• Compelling employers to suspend employees for not being their members
• Fining workers who have resigned after they were involved in a protected activity
• Striking over matters not related to the conditions and terms of employment
• Engaging in misconduct when their members are picketing

What rules are applied when collectively bargaining for a contract?

After workers choose labor unions to bargain for them, both the union and employer should meet and start to negotiate about hours, wages, insurance, and safety practices. Some managerial decisions like relocation and subcontracting.

It is unfair for either party to refuse to bargain collectively with the other, they must reach an agreement.

If no agreement is reached after bargaining, the employer will implement the last offer that they had agreed with the union. However, the union may disagree with the employer’s impasse reached and may file charges for unfair labor practices by the employer. The NLRB will assess whether the impasse was reached and may compel the employer to go back and bargain.

All kind of workers are eligible to join unions to help them advocate for better salaries and working conditions. Many workers are joining these unions than ever before, including nurses, graduate employees, engineers, and poultry workers.

What are the significant achievements of unions?

Unions have been fighting to improve the lives of working Americans and their families. They have managed to achieve the following:

• Parental and pregnancy leave
• All breaks at the workplace (such as lunch breaks tea breaks etc.)
• Paid vacations and weekends.
• Social security
• Sick leave
• Minimum wage
• Child labor laws
  

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Under 12 Years Old

According to the California child labor laws, all children under the age of 12 cannot be employed at all except under very special circumstances. The children who are between the ages of twelve and sixteen can be employed in certain jobs. The laws also stipulate that these children can only be employed for limited numbers of hours.

The children who are between sixteen years and eighteen years can be employed for a limited number of hours provided their working environments are not hazardous. Even these laws are very strict there are some exceptions such as when employed by parents and aforementioned child actors.

Agriculture

These laws are different when it comes to agricultural employment. In this category of employment, the children who are above 12 years and above can be employed for a limited number of hours provided their parents approves. The laws state that this type of employment can only happen after school hours.

This is meant to ensure that the children get time to attend school. Children working in agricultural jobs in California are usually exposed to various kinds of harm such as the pest sides used on plants. These hazards usually increase the chances of these children being affected by various health conditions.

In fact, most of the children who work in agricultural jobs usually do not complete high school. Such children are also compelled to work for longer hours where they at times work for more than ten hours. It is the duty of the employer to ensure that the children who work in such jobs are not exploited.

Child Actors

When it comes to child actors there are also concerns that the children might be exploited. The laws allow the parents to control the earnings of the children who are acting. This is helpful especially because some of these children make substantial amounts of money. In some cases, the earning made by children who act usually leads to bitter disputes in case of a divorce.

Most of these California laws are usually complemented by the state laws for children who are employed. The laws which are stricter are the ones which are usually applied in case of a dispute.

In case one intends to employ a child it is advisable to consult a qualified attorney. This is because the attorney will have a better understanding of the California child labor laws. Therefore, understanding these labor laws meant for children can significantly help in avoiding the legal issues that might arise from not following the set laws while employing children.

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According to the same Act, children aged between 12 and 16 can only work in selected occupations for limited hours whereas those aged between 16 and 18 are allowed to work for an unlimited number of hours provided they are not working in hazardous occupations.

State Laws

In addition to the federal regulations, various states have formulated laws that mirror and add to the same. As for the situations where the state and federal standards differ, the rules that best protect child workers take precedence.

As for a case where an employer operates an interstate business, the employees are covered by both the federal laws and the applicable state laws. The employer should, therefore, make an effort to familiarize themselves with and adhere to federal and applicable state laws.

Exceptions

In addition to employment by parents, an underage worker can be employed in the following occupations for unlimited hours outside of school hours as long as the parents grant their permission:

• Agricultural sector; an employer can engage a child aged 12 and above for unlimited hours (outside school hours) provided the parent grants permission.
• Newspaper delivery; minors employed to deliver newspapers to consumers are exempt from FLSA child labor and the wage and hours regulations.
• Acting profession; the law allows underage children to work as child actors. Some states, nevertheless, require such actors to have a permit and written consent from parents or guardian while others do not.

Dangers of Bridging the Law

Despite the presence of adequate regulations on child labor in the US, there are still undesirable consequences of underage workers. Some employees exploit some of the exceptions in the federal laws leading to adverse effects of child labor.

For instance, many children who work in agricultural occupations end up dropping out of school besides being exposed to risks that substantially increase their rate of fatalities. Some employers even take advantage of minors by duping them into working long hours per day reducing their activity performance in school.

The Takeaway

While state regulations tend to be similar to the federal laws, it is always advisable to seek expert advice. So, any employer who is considering employing an underage worker should first consult a seasoned local attorney. The attorney will provide valuable information on how to hire, remunerate and ensure the engagement is within the law.

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Fair Labor Standards Act

As indicated by the Fair Labor Standards Act, for non-farming occupations, child younger than 12 may not be utilized at all aside from under certain exceptional conditions (like on-screen child characters). In the meantime, children between the ages of 12 and 16 can be utilized in specific occupations for a predetermined number of hours, while a child between the ages of 16 and 18 can labor for boundless hours in non-perilous occupations.

There are various exemptions to these standards, obviously, for example, labor by guardians, daily paper conveyance, and the previously mentioned child performing artists. Horticultural labor for children, then again, is substantially more indulgent, where a child as youthful as 12 might be utilized for a significant number of hours outside of school hours if the guardians give their authorization.

We also have various state laws that add to these limitations. Most states have their laws that mirror the government directions and add to them. For the most part, the more stringent law trumps, the more casual one with regards to child labor laws.

Farming Jobs

While child labor is firmly directed in the United States, there are still worries about underage specialists. Numerous children who labor in farming callings neglect to finish secondary school are frequently presented to dangerous pesticides, and experience dangers that prompt five time more noteworthy rate of fatalities than different minors their age who labor. Additionally, they are regularly required to labor exorbitantly for extended periods of time, frequently over 10 hours per day, which is not counting hours spent in school.

Acting

Child on-screen characters are another territory of worry for some, watch gatherings. While a standout amongst the most firmly directed classes of youngster specialists, state laws regularly enable the guardians to control their child’s profit. This can prompt frightful debate, particularly amid divorces or other family contradictions.

If you are a business considering contracting a child specialist, you may wish to counsel with a nearby lawyer for exhortation on how best to deal with that laborer. You can discover a rundown of lawyers in your general vicinity, including the individuals who concentrate their practices on labor law, by searching online or in a phone book.

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Necessary Work Permit  

For minors, a work permit must be issued by the school. However, this law is only applicable to teenagers under 18 years and who have not yet graduated from high school. To get this permit, both the minor and the potential employer must fill out a form. It becomes binding after being signed by the company and the minor’s parents.

The form is then returned to the school to decide whether to or not issue the work permit. This is in line with the public policy that gives first priority to the minors’ education.

Minor Wages

The federal labor law requires companies to pay an “opportunity wage” to employees who are not yet 20 years. Opportunity wage is less than the minimum legal wage and is paid for the first 90 days of work. California does not abide into such a provision. California employers are required to pay learners up to 85% of minimum wage for the first 160 hours of work for child labor. Here a learner refers to an employee of any age but without prior knowledge of the job at hand.

In cases where the above two provisions do not apply; a minor is legally entitled to earn $10.50 per hour, which is the state’s full minimum wage. Where both provisions apply, the teenager is entitled to the learners wage for the first 160 hours. After that, he/she should get the full state minimum wage.

Working Hours Per Day

Minors in California cannot work for unlimited hours. The California child labor law has limited working hours for minors as follows:

• 14-15 age bracket- For those who have reached 7th grade, they can work during school days. They are available for 3 hours in a day and a maximum of 18 hours in a week during school days. During holidays and summer vacation, they can work for a maximum of 8 hours a day and 40 hours in a week.
• 16-17 age bracket- They can work for 4 hours in a day and 48 hours in a week during school days. When school is not in session, they can work for 8 hours a day and 48 hours in a week.

Kind of Work Allowed

Teenagers under 14 years have a restriction on the kind of jobs they can do. They are legally allowed to perform odd home jobs and delivering newspapers. Those above 14 years can do a variety of jobs. They can work in retail stores, offices and food services. However, they are not allowed to partake in hazardous jobs like manufacturing, loading, machine-driven, and the entire cadre of such jobs.

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