Focus on U.S. immigration and U.S. law:
(1) Name and Content of the Law
The human resources laws in the United States are quite comprehensive. Since the 1930s, the government has influenced corporate human resources affairs through a series of extensive legislations, establishing various restrictions and constraints. For instance, there are corresponding legal provisions regarding employment equality and pay equality. The government's legislation generally takes three forms: federal and state laws; regulations formulated by federal and state administrative departments; and case law (i.e., laws based on court judgments). The government often expresses its intentions regarding human resources affairs through these laws and guides the human resources decisions of business owners. On the surface, it may seem that the government does not directly participate in decision-making; in fact, the government has established a framework (or limits) through legal provisions, such as the wage negotiation range between labor and management being confined within this and that framework (or limits). Additionally, the United States has enacted various anti-discrimination laws targeting specific human resources issues during certain periods, such as provisions for Vietnam War veterans, individuals with AIDS, and persons with disabilities, among others. The provisions of U.S. human resources laws are characterized by completeness, detail, and strong targeting. The main aspects of human resources-related laws include the following:
1. Wage Legislation
(1) Fair Labor Standards Act (FLSA), also known as the Wage and Hour Law. This law has four provisions that affect corporate wages: minimum wage, overtime pay, record-keeping requirements, and equal pay for equal work.
(2) State minimum wage laws. Most states have minimum wage laws and laws regarding overtime. Some apply to all employees, while others only apply to employees not covered by federal law.
(3) Prevailing wage laws. The federal and state governments require businesses that enter into contracts with the government for the supply of goods and services to pay "prevailing" wage rates.
(4) Wage payment guarantees.
2. Labor Protection Legislation
(1) Social Security. The purpose of social security is to provide economic income protection for American workers in various unforeseen circumstances.
(2) Unemployment insurance. Its function is to provide partial income compensation for workers who are unemployed through no fault of their own.
(3) Workers' compensation. The purpose of workers' compensation laws is to provide medical care and income for workers who suffer from work-related injuries and occupational diseases, and to provide relief to the families of those who die due to work-related injuries and occupational diseases.
(4) Employee Retirement Income Security Act (ERISA). This law was passed in 1974 and guarantees that employers meeting certain standards provide retirement benefits for their employees.
3. Rules on Equal Employment Opportunity and Affirmative Action
Equal Employment Opportunity (EEO) rules and Affirmative Action (AA) guidelines are included in several laws, executive orders, and case law. The implementation of these two guidelines requires the concept of protected groups. If there is wage discrimination between the majority of employees in a company and members of protected groups, employers should take steps to correct it, examining all wage policies, plans, and practices within a company as a measure to ensure that no discrimination occurs against protected groups. The most famous is Title VII of the Civil Rights Act of 1964, which stipulates that employers cannot discriminate against employees based on race, color, religion, sex, and national origin. The legislative purpose is to ensure that all employment-related decisions are made with equality in mind. There are also the 1991 Civil Rights Act (amendment), the U.S. Equal Employment Opportunity Commission Guidelines, and others.
4. Laws on Collective Bargaining
The regulations regarding collective bargaining in the United States are closely related to wage matters. With very few exceptions (such as union security clauses and discrimination issues), these regulations grant decision-making power to the negotiating parties.
5. Other Legal Provisions
(1) Equal pay laws and regulations. The main legal basis is the Equal Pay Act of 1963, which requires employers to pay similar wages for similar work regardless of gender.
(2) Employment Age Discrimination laws and regulations. Such laws include the Age Discrimination in Employment Act of 1967, which provides clear and specific provisions against age discrimination in employment.
(3) Sexual Harassment Act. In response to the frequent occurrences of sexual harassment in the United States, this act clearly defines the types and handling methods of sexual harassment.
(4) Special Protection Laws. Such laws include the Vocational Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Pregnancy Discrimination Act of 1978.
(2) Law Enforcement Agencies
Labor relations are mediated by specialized agencies such as the Equal Employment Opportunity Commission (EEOC), which was established under Title VII of the Civil Rights Act. It is composed of members appointed by the President and is authorized to investigate complaints and represent complainants in lawsuits. If mediation fails, the Commission can appeal to federal court or notify victims to appeal on their own. Of course, the EEOC is not a judge; it does not have the authority to enforce like a court but can only make recommendations. However, it enhances the federal government's ability to implement human resources laws. In addition to the government's role in promoting human resources laws and regulations, labor unions also play a significant role. We know that the goal of labor unions is to protect employees' livelihoods, improve wages, working hours, working conditions, and benefits, and the interests of corporate employees are primarily resolved through coordination and negotiation between American unions and employers, which to some extent compensates for some loopholes in labor laws, making it difficult for confrontational employers to exploit existing laws for strategic manipulation.
At the same time, the establishment and improvement of human resources laws and regulations are largely the result of economic interests. For example, equal employment opportunity legislation primarily stems from changes in demographic composition and market globalization. In the United States, white individuals are no longer the majority of the workforce, and employers have gradually recognized the necessity of maintaining workforce diversity to adapt to changes in the national demographic composition, while also fully utilizing the customer market and other business benefits it brings. Moreover, legal litigation in the United States is very expensive and requires a significant amount of time and effort; generally, business owners prefer to avoid legal disputes and focus on managing their businesses. The 1991 Civil Rights Act (amendment) stipulates compensatory and punitive damages for businesses that intentionally discriminate. Therefore, once a business is found guilty of illegal discrimination, the costs will be high. With the continuous increase of mandatory laws and court judgments, all businesses must understand and comply with the labor and employment laws established by federal and state governments. In light of this, business owners must face legal pressures, constrain their behaviors, and incorporate human resources-related policies into their corporate strategies to promote support from management for these policies.
Overall, the development of legislation in the United States regarding employment relationships is complex. It regulates and defines the nature of employment relationships and the legal scope of human resources management activities. Whether it is labor agreements reached through collective bargaining between labor unions and employers or employment contracts signed between individual employees and employers, they must be conducted in accordance with the law, and the results are legally binding and protected. On the surface, employment relationships are established based on a series of human resources management policies and practices, but these policies and practices must comply with relevant laws and regulations. In general, U.S. laws have a significant impact and restrictive effect on both labor and management, and it is one of the relatively complete legal systems among countries worldwide.