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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 Florida, workers' rights are governed by a combination of federal law and state statutes. Federally, workers are protected under laws such as the Occupational Safety and Health Act (OSHA), the Fair Labor Standards Act (FLSA), which sets minimum wage and overtime pay standards, and the Family and Medical Leave Act (FMLA), which entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Florida state law complements these protections by providing additional rights to workers. For instance, Florida's minimum wage is higher than the federal minimum wage, and the state has its own regulations regarding workers' compensation. When Florida's state laws offer more substantial protections than federal laws, the state laws apply, ensuring that workers receive the greater rights and protections available. However, Florida is a 'right-to-work' state, meaning that union membership cannot be a condition of employment, which impacts the right to collective bargaining. While the state does not have its own occupational safety and health plan, it follows federal OSHA regulations. It's important for workers in Florida to understand both the federal and state laws that apply to their employment to fully understand their rights.