Putting Labor Rights in the U.S in Jeopardy: Representation of the Significance of Legal Education

  • M Hasanul Haque
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  • M Hasanul Haque

    LL.M from Texas A&M University, School of Law, United States of America

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Abstract

Violations of labor rights have been constant in the United States, and millions of laborers in multiple industries especially the low wage earners, immigrants, and gig economy workers are affected by various forms of violations. Wage theft, workplace discrimination, working under unsafe conditions, and union retaliation are still common practices faced by the vast majority of workers even though the country has comprehensive labor laws, such as the Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and Occupational Safety and Health Act (OSHA). The present article is a reflection on the origin of these persistent abuses and underlines the importance of legal education in alleviating these wrong doings. The article cancels out the most crucial tendencies in labor law infringement based on the recent data provided by federal and state labor agencies, advocacy groups, and scholarly works. The article also reveals the most impacted industries, and demographical categories. It also evaluates the efficiency of legislation systems and laws enforcement. The main thesis is that the legal literacy and education, be it formal (in schools and law courses) or informal (through unions, non-governmental institutions, local workshops, etc.), play a significant role in empowering workers, enhancing reports, and reinforcing enforcement. In addition, the paper addresses the issue of access to legal education through cost, language, fear of reprisal, and a small reach, especially among disadvantaged populations. It suggests policy recommendations to enable policy to be carried out in terms of integrating legal learning in state institutions, trade occupations, and employment training programs. In the final analysis, this paper should make the case that legal literacy should not only be employed as a means of individual empowerment but should be positioned as another prescription to the fulfillment of labor justice in the U.S. on a broader sense.

Keywords

  • Labor rights
  • legal education
  • workers’ rights
  • labor law
  • United States
  • employment law
  • unionization
  • labor violations
  • legal literacy
  • workplace justice

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1918 - 1937

DOI: https://doij.org/10.10000/IJLMH.1110624

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021