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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 California, workers' rights are protected by a combination of state statutes and federal law. The state adheres to the fundamental principles and rights at work as identified by the International Labor Organization (ILO), which include freedom of association, the right to collective bargaining, the elimination of forced labor, the abolition of child labor, and the elimination of employment discrimination. California often provides more expansive protections than federal law, such as higher minimum wage rates, stricter safety regulations, and more generous family and medical leave policies. For instance, California's Occupational Safety and Health Act (Cal/OSHA) provides rigorous safety guidelines and enforcement. The state also enforces wage and hour laws that often exceed federal standards, including requirements for overtime pay and meal and rest breaks. When California's laws offer greater protection than federal laws, the state laws apply, ensuring that workers in California benefit from the highest level of rights and protections available.