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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 Hawaii, workers' rights are protected by both federal and state laws. Federally, the rights include occupational safety and health standards, minimum wage laws, family and medical leave entitlements, and regulations on hours of work, as outlined by the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), and the Family and Medical Leave Act (FMLA). These federal laws set the baseline for workers' rights across the United States. Hawaii state law complements these protections and may offer additional benefits. For instance, Hawaii has its own Occupational Safety and Health laws that may provide more stringent safety standards than federal law. The state also has laws governing wages, including a state minimum wage that is higher than the federal minimum wage, and regulations on hours of work. When Hawaii's state laws provide greater protections than federal laws, workers in Hawaii are entitled to these greater rights and protections. Additionally, Hawaii supports the fundamental principles and rights at work as identified by the International Labor Organization (ILO), including the freedom of association, the right to collective bargaining, and the elimination of forced labor, child labor, and discrimination in employment.