There is no single definition or definitive list of workers’ rights. The International Labor Organization (ILO) identifies what it calls “fundamental principles and rights at work” that all ILO Members have an obligation to respect and promote, which are:
• freedom of association and the effective recognition of the right to collective bargaining;
• elimination of all forms of forced or compulsory labor;
• effective abolition of child labor; and
• elimination of discrimination in respect of employment and occupation.
The ILO has adopted—and supervises the application of—international labor conventions in each of these areas. Other important ILO standards deal with conditions of work, including occupational safety and health, wages, and hours of work, but these standards are not considered fundamental or core conventions.
United States trade law adds acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health to that list, calling them “internationally recognized labor rights.”
In the United States, federal law provides minimum standards or rights for workers regarding occupational safety and health, wages, family and medical leave, and hours of work. And many states have laws that protect workers as well. When state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.
In Tennessee, workers' rights are governed by a combination of federal and state laws. Federally, the Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, recordkeeping, and youth employment standards. The Occupational Safety and Health Act (OSHA) ensures safe and healthful working conditions. The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for family and medical reasons. Additionally, federal laws prohibit employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Tennessee state laws complement these protections and may offer additional rights. For instance, Tennessee has its own Occupational Safety and Health Plan, which must be at least as effective as federal OSHA standards. The state also has regulations on wage and hour issues, although in many cases, federal standards may provide more extensive protections. When Tennessee laws provide greater protections than federal laws, workers in the state are entitled to these higher standards. It's important to note that while Tennessee is a 'right-to-work' state, workers still have the right to freedom of association and collective bargaining as recognized by the National Labor Relations Act (NLRA). However, Tennessee does not have a state law regarding minimum wage and thus defaults to the federal minimum wage standard.