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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 Virginia, workers' rights are governed by a combination of federal and state laws. Federally, the rights include minimum standards for occupational safety and health (OSHA), wages (Fair Labor Standards Act), family and medical leave (FMLA), and hours of work. These federal laws set the baseline for workers' protections. Virginia state law complements these protections and may offer additional rights to workers. For instance, Virginia has its own standards for minimum wage, which may be higher than the federal minimum wage, and regulations regarding workplace safety. When Virginia's state laws provide greater protections than federal laws, the state laws apply, and workers in Virginia are entitled to these enhanced rights and protections. Additionally, workers in Virginia have the right to collective bargaining, are protected from forced or compulsory labor, child labor is prohibited, and there are laws in place to prevent discrimination in employment. It's important for workers to understand that they are entitled to the highest standard of rights available, whether those rights are provided by federal or state law.