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Explaining US labor law: "Right to work" & "At-will" employment

Many people are confused by two common terms related to employment in the USA: "right to work" and "at-will employment". This post will attempt to demystify both.

Q. What are "right to work" (RTW) laws? A. American states are divided, because some have these laws and others don't. You'd think from the name that they help working people. But in reality, they do the opposite and were misleadingly named for political purposes.

Unions get workers higher wages and better working conditions once they start having impact in a certain workplace. The union needs to maintain a high membership rate to retain the leverage that allows that. But when some workers start freeloading at a union workplace, benefiting from these better conditions but refusing to join the union, the union weakens, and the conditions worsen over time. RTW laws prohibit union security agreements, which are powerful tools for preventing such freeloading.

As such, they weaken unions. Some people think unions are useless in states with RTW laws, but that's wrong. It should also be mentioned that generally speaking, every individual worker benefits far more from being part of the union than it costs.

Q. What is "at-will" employment? A. In simple terms, it means the company's owners can fire workers for pretty much any reason, except illegal reasons (in the USA, some types of discrimination, anti-union retaliation, etc). That would differ from "just-cause" employment. In the latter case, the standard that must be met to fire an employee is higher.

In the U.S. "at-will" employment is permitted by law in most states. But even in these states, workers may have a contract with the company that provides more job security. That's often the case in union workplaces. In other countries, things may be different. The law may only allow workers to be fired for certain approved reasons, such as repeated unjustified absences.

Q. Do RTW or at-will states allow companies to legally fire workers for supporting unions? A. All U.S. states prohibit company retaliation against workers for supporting, promoting, or organizing a union, except in certain circumstances. Workers may receive restitution up to getting their job restored with back pay depending on how the NLRB judges their case. That's not guaranteed, however, since the laws often aren't enforced accurately. And when they are, there can be long delays and other trouble.

Q. What should I do if I want to have the advantages of unions at my workplace? A. You'll find useful information at join-a-union.github.io.

Note: This post does not officially constitute legal advice nor comes with any legal guarantee of accuracy or otherwise.

0
Explaining US labor law: "Right to work" & "At-will" employment

Many people are confused by two common terms related to employment in the USA: "right to work" and "at-will employment". This post will attempt to demystify both.

Q. What are "right to work" (RTW) laws? A. American states are divided, because some have these laws and others don't. You'd think from the name that they help working people. But in reality, they do the opposite and were misleadingly named for political purposes.

Unions get workers higher wages and better working conditions once they start having impact in a certain workplace. The union needs to maintain a high membership rate to retain the leverage that allows that. But when some workers start freeloading at a union workplace, benefiting from these better conditions but refusing to join the union, the union weakens, and the conditions worsen over time. RTW laws prohibit union security agreements, which are powerful tools for preventing such freeloading.

As such, they weaken unions. Some people think unions are useless in states with RTW laws, but that's wrong. It should also be mentioned that generally speaking, every individual worker benefits far more from being part of the union than it costs.

Q. What is "at-will" employment? A. In simple terms, it means the company's owners can fire workers for pretty much any reason, except illegal reasons (in the USA, some types of discrimination, anti-union retaliation, etc). That would differ from "just-cause" employment. In the latter case, the standard that must be met to fire an employee is higher.

In the U.S. "at-will" employment is permitted by law in most states. But even in these states, workers may have a contract with the company that provides more job security. That's often the case in union workplaces. In other countries, things may be different. The law may only allow workers to be fired for certain approved reasons, such as repeated unjustified absences.

Q. Do RTW or at-will states allow companies to legally fire workers for supporting unions? A. All U.S. states prohibit company retaliation against workers for supporting, promoting, or organizing a union, except in certain circumstances. Workers may receive restitution up to getting their job restored with back pay depending on how the NLRB judges their case. That's not guaranteed, however, since the laws often aren't enforced accurately. And when they are, there can be long delays and other trouble.

Q. What should I do if I want to have the advantages of unions at my workplace? A. You'll find useful information at join-a-union.github.io.

Note: This post does not officially constitute legal advice nor comes with any legal guarantee of accuracy or otherwise.

6
Explaining US labor law: "Right to work" & "At-will" employment

Many people are confused by two common terms related to employment in the USA: "right to work" and "at-will employment". This post will attempt to demystify both.

Q. What are "right to work" (RTW) laws? A. American states are divided, because some have these laws and others don't. You'd think from the name that they help working people. But in reality, they do the opposite and were misleadingly named for political purposes.

Unions get workers higher wages and better working conditions once they start having impact in a certain workplace. The union needs to maintain a high membership rate to retain the leverage that allows that. But when some workers start freeloading at a union workplace, benefiting from these better conditions but refusing to join the union, the union weakens, and the conditions worsen over time. RTW laws prohibit union security agreements, which are powerful tools for preventing such freeloading.

As such, they weaken unions. Some people think unions are useless in states with RTW laws, but that's wrong. It should also be mentioned that generally speaking, every individual worker benefits far more from being part of the union than it costs.

Q. What is "at-will" employment? A. In simple terms, it means the company's owners can fire workers for pretty much any reason, except illegal reasons (in the USA, some types of discrimination, anti-union retaliation, etc). That would differ from "just-cause" employment. In the latter case, the standard that must be met to fire an employee is higher.

In the U.S. "at-will" employment is permitted by law in most states. But even in these states, workers may have a contract with the company that provides more job security. That's often the case in union workplaces. In other countries, things may be different. The law may only allow workers to be fired for certain approved reasons, such as repeated unjustified absences.

Q. Do RTW or at-will states allow companies to legally fire workers for supporting unions? A. All U.S. states prohibit company retaliation against workers for supporting, promoting, or organizing a union, except in certain circumstances. Workers may receive restitution up to getting their job restored with back pay depending on how the NLRB judges their case. That's not guaranteed, however, since the laws often aren't enforced accurately. And when they are, there can be long delays and other trouble.

Q. What should I do if I want to have the advantages of unions at my workplace? A. You'll find useful information at join-a-union.github.io.

Note: This post does not officially constitute legal advice nor comes with any legal guarantee of accuracy or otherwise.

0
Campaign to unionize automakers in America picks up pace rapidly; Honda starts anti-union campaign

Just a few days ago, the UAW announced a campaign to unionize over a dozen non-union automakers in America. Now it's reporting rapid progress, citing the example of 30% of workers at Volkswagen's only U.S. plant having signed up in less than a week.

As fears spread among the companies that the effort to go union may quickly succeed, they have taken steps in response. Honda has set up its own anti-union campaign, distributing propaganda among the workers that encourages rejection of the union.

The unionization campaign was announced just a few days after the UAW's strike victory against the "Big Three" auto companies amply demonstrated the benefits of unions, with raises expected to range from +33% to over +160% (after including forecasted COLA and CWIs) among other gains.

The UAW has set up websites where employees of every targeted company can easily join the union online. If you're one, check them out below. And anyone can send them to friends, family and others.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

51
Campaign to unionize automakers in America picks up pace rapidly; Honda starts anti-union campaign

Just a few days ago, the UAW announced a campaign to unionize over a dozen non-union automakers in America. Now it's reporting rapid progress, citing the example of 30% of workers at Volkswagen's only U.S. plant having signed up in less than a week.

As fears spread among the companies that the effort to go union may quickly succeed, they have taken steps in response. Honda has set up its own anti-union campaign, distributing propaganda among the workers that encourages rejection of the union.

The unionization campaign was announced just a few days after the UAW's strike victory against the "Big Three" auto companies amply demonstrated the benefits of unions, with raises expected to range from +33% to over +160% (after including forecasted COLA and CWIs) among other gains.

The UAW has set up websites where employees of every targeted company can easily join the union online. If you're one, check them out below. And anyone can send them to friends, family and others.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

0
Campaign to unionize automakers in America picks up pace rapidly; Honda starts anti-union campaign

Just a few days ago, the UAW announced a campaign to unionize over a dozen non-union automakers in America. Now it's reporting rapid progress, citing the example of 30% of workers at Volkswagen's only U.S. plant having signed up in less than a week.

As fears spread among the companies that the effort to go union may quickly succeed, they have taken steps in response. Honda has set up its own anti-union campaign, distributing propaganda among the workers that encourages rejection of the union.

The unionization campaign was announced just a few days after the UAW's strike victory against the "Big Three" auto companies amply demonstrated the benefits of unions, with raises expected to range from +33% to over +160% (after including forecasted COLA and CWIs) among other gains.

The UAW has set up websites where employees of every targeted company can easily join the union online. If you're one, check them out below. And anyone can send them to friends, family and others.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

1
This very important strike you probably haven't heard of has now been going on for about 6 months

You probably haven't heard of the battle pitting BCTGM Union Local 390G against International Flavors (IFF) in Memphis, TN, USA. But with workers who are mega-exploited and a company that refuses to stand down, it has become one of the most relevant for the working class.

What is IFF and what do these workers do?

You probably haven't even heard of the company, IFF. But IFF is a key company that has a yearly revenue of multiple billions of dollars and is ranked as one of the biggest in America. In this case, the involved workers produce a type of soy protein that's an essential component of many food products.

And it's dangerous work. "Because the stuff in there, it only takes a split second for something to go wrong and you’ll be missing a foot, a toe, a head", a worker stated in a report by More Perfect Union. "And if you don't know what you're doing, you'll get hurt [...] or lose your life".

What conditions do the involved workers face? To briefly name a few of the issues:

  • Often required to work 12 hours in a day
  • No overtime pay for 12 hour days
  • Decrease in (or company attempt to decrease) real wages, healthcare benefits, paid breaks, retirement

"They don't want us to get the crumbs that fall on the ground", said the same IFF worker, among this heavily black workforce. "We're going back to slavery times."

What has been the response of the company so far?

The workers have hit a brick wall when it comes to expecting anything from this company. That's why the strike has lasted so long -- it refuses to give in to their demands. The company hopes to exhaust the workers, who aren't being paid any wages. It's banking on poverty and a bad quality of life forcing them to return to work and accept horrible conditions.

Why is this strike so important?

The IFF strike has barely got any press coverage, and it may not involve a very large worker count like some more well-known strikes. But many of these strikes involve workers who already have some extremely basic guarantees -- like a maximum 8 hours of work in a day.

In the case of the IFF workers, they lack even that. They're facing extreme exploitation of the kind that has grown increasingly common in the USA, a country where the 8 hour day keeps getting more historically distant -- which has been met with little resistance so far. This strike represents the beginning to that resistance.

And so this strike is a key front in the battle of whether companies will succeed imposing these extreme conditions. If the workers win, it will represent a blow to their ability to do so and set back their plans. But if this battle fails, things may end up much worse for everyone.

How can people help the workers win this strike?

  • Donate to the strike fund so that the workers can keep the strike up for longer and force this company to stand down.
  • Publicize this strike as much as possible.
9
This very important strike you probably haven't heard of has now been going on for about 6 months

You probably haven't heard of the battle pitting BCTGM Union Local 390G against International Flavors (IFF) in Memphis, TN, USA. But with workers who are mega-exploited and a company that refuses to stand down, it has become one of the most relevant for the working class.

What is IFF and what do these workers do?

You probably haven't even heard of the company, IFF. But IFF is a key company that has a yearly revenue of multiple billions of dollars and is ranked as one of the biggest in America. In this case, the involved workers produce a type of soy protein that's an essential component of many food products.

And it's dangerous work. "Because the stuff in there, it only takes a split second for something to go wrong and you’ll be missing a foot, a toe, a head", a worker stated in a report by More Perfect Union. "And if you don't know what you're doing, you'll get hurt [...] or lose your life".

What conditions do the involved workers face? To briefly name a few of the issues:

  • Often required to work 12 hours in a day
  • No overtime pay for 12 hour days
  • Decrease in (or company attempt to decrease) real wages, healthcare benefits, paid breaks, retirement

"They don't want us to get the crumbs that fall on the ground", said the same IFF worker, among this heavily black workforce. "We're going back to slavery times."

What has been the response of the company so far?

The workers have hit a brick wall when it comes to expecting anything from this company. That's why the strike has lasted so long -- it refuses to give in to their demands. The company hopes to exhaust the workers, who aren't being paid any wages. It's banking on poverty and a bad quality of life forcing them to return to work and accept horrible conditions.

Why is this strike so important?

The IFF strike has barely got any press coverage, and it may not involve a very large worker count like some more well-known strikes. But many of these strikes involve workers who already have some extremely basic guarantees -- like a maximum 8 hours of work in a day.

In the case of the IFF workers, they lack even that. They're facing extreme exploitation of the kind that has grown increasingly common in the USA, a country where the 8 hour day keeps getting more historically distant -- which has been met with little resistance so far. This strike represents the beginning to that resistance.

And so this strike is a key front in the battle of whether companies will succeed imposing these extreme conditions. If the workers win, it will represent a blow to their ability to do so and set back their plans. But if this battle fails, things may end up much worse for everyone.

How can people help the workers win this strike?

  • Donate to the strike fund so that the workers can keep the strike up for longer and force this company to stand down.
  • Publicize this strike as much as possible.
10
This very important strike you probably haven't heard of has now been going on for about 6 months

You probably haven't heard of the battle pitting BCTGM Union Local 390G against International Flavors (IFF) in Memphis, TN, USA. But with workers who are mega-exploited and a company that refuses to stand down, it has become one of the most relevant for the working class.

What is IFF and what do these workers do?

You probably haven't even heard of the company, IFF. But IFF is a key company that has a yearly revenue of multiple billions of dollars and is ranked as one of the biggest in America. In this case, the involved workers produce a type of soy protein that's an essential component of many food products.

And it's dangerous work. "Because the stuff in there, it only takes a split second for something to go wrong and you’ll be missing a foot, a toe, a head", a worker stated in a report by More Perfect Union. "And if you don't know what you're doing, you'll get hurt [...] or lose your life".

What conditions do the involved workers face? To briefly name a few of the issues:

  • Often required to work 12 hours in a day
  • No overtime pay for 12 hour days
  • Decrease in (or company attempt to decrease) real wages, healthcare benefits, paid breaks, retirement

"They don't want us to get the crumbs that fall on the ground", said the same IFF worker, among this heavily black workforce. "We're going back to slavery times."

What has been the response of the company so far?

The workers have hit a brick wall when it comes to expecting anything from this company. That's why the strike has lasted so long -- it refuses to give in to their demands. The company hopes to exhaust the workers, who aren't being paid any wages. It's banking on poverty and a bad quality of life forcing them to return to work and accept horrible conditions.

Why is this strike so important?

The IFF strike has barely got any press coverage, and it may not involve a very large worker count like some more well-known strikes. But many of these strikes involve workers who already have some extremely basic guarantees -- like a maximum 8 hours of work in a day.

In the case of the IFF workers, they lack even that. They're facing extreme exploitation of the kind that has grown increasingly common in the USA, a country where the 8 hour day keeps getting more historically distant -- which has been met with little resistance so far. This strike represents the beginning to that resistance.

And so this strike is a key front in the battle of whether companies will succeed imposing these extreme conditions. If the workers win, it will represent a blow to their ability to do so and set back their plans. But if this battle fails, things may end up much worse for everyone.

How can people help the workers win this strike?

  • Donate to the strike fund so that the workers can keep the strike up for longer and force this company to stand down.
  • Publicize this strike as much as possible.
1
After strike victory, UAW starts campaign to unionize Tesla and foreign auto companies in America; workers can join online (post includes instructions)

UAW, which represents American auto workers, recently won a victory in their strike against the "Big Three" auto companies. Among the benefits:

  • RAISES: Expected to range +33% to over +160%. (after including forecasted COLA and CWIs.)
  • It now takes 3 years of employment to reach top pay rate (was 8).
  • Company spending on many workers’ 401(k)s boosted to 10% of salaries.

Now, the UAW wants workers at auto companies other than the "Big Three" to go union so that they too can make improvements in their life. And the first step is as many workers signing up as possible. Workers at these companies can do so at the following links.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

2
After strike victory, UAW starts campaign to unionize Tesla and foreign auto companies in America; workers can join online (post includes instructions)

UAW, which represents American auto workers, recently won a victory in their strike against the "Big Three" auto companies. Among the benefits:

  • RAISES: Expected to range +33% to over +160%. (after including forecasted COLA and CWIs.)
  • It now takes 3 years of employment to reach top pay rate (was 8).
  • Company spending on many workers’ 401(k)s boosted to 10% of salaries.

Now, the UAW wants workers at auto companies other than the "Big Three" to go union so that they too can make improvements in their life. And the first step is as many workers signing up as possible. Workers at these companies can do so at the following links.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

1
After strike victory, UAW starts campaign to unionize Tesla and foreign auto companies in America; workers can join online (post includes instructions)

UAW, which represents American auto workers, recently won a victory in their strike against the "Big Three" auto companies. Among the benefits:

  • RAISES: Expected to range +33% to over +160%. (after including forecasted COLA and CWIs.)
  • It now takes 3 years of employment to reach top pay rate (was 8).
  • Company spending on many workers’ 401(k)s boosted to 10% of salaries.

Now, the UAW wants workers at auto companies other than the "Big Three" to go union so that they too can make improvements in their life. And the first step is as many workers signing up as possible. Workers at these companies can do so at the following links.

After clicking the link, click the big "Sign your Union Card" button (scroll up if you don't see it), fill in your details and check your email.

0
Unions work. That's why the corporations don't like them.
  • It's best to unionize everyone as much as possible, and indeed there are unions for essentially every job, so that everyone's pay and working conditions can improve as much as possible. Everyone deserves a shorter working week.

    I saw another comment where I think you said you work in tech, so I will paste this:

    There is a tech union :) Unions and pro-union movements have been growing a lot in major tech companies in recent years and they have already had significant achievements in improving workers' conditions. If you would like to join don't hesitate to check out CODE-CWA and remember the most important thing is to start building support for unions among your coworkers!

  • Unions work. That's why the corporations don't like them.
  • There is a tech union :) Unions and pro-union movements have been growing a lot in major tech companies in recent years and they have already had significant achievements in improving workers' conditions. If you would like to join don't hesitate to check out CODE-CWA and remember the most important thing is to start building support for unions among your coworkers!

  • InitialsDiceBearhttps://github.com/dicebear/dicebearhttps://creativecommons.org/publicdomain/zero/1.0/„Initials” (https://github.com/dicebear/dicebear) by „DiceBear”, licensed under „CC0 1.0” (https://creativecommons.org/publicdomain/zero/1.0/)HE
    heavyladder63 @lemmy.world
    Posts 66
    Comments 8