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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 Idaho, workers' rights are governed by a combination of federal law and state statutes. Federal law sets minimum standards for occupational safety and health (OSHA), wages (Fair Labor Standards Act), family and medical leave (FMLA), and hours of work. Idaho state law complements these federal regulations and may offer additional protections. For instance, Idaho's Minimum Wage Law stipulates the state's minimum wage rates. Regarding the ILO's fundamental principles, while the U.S. is a member of the ILO, not all ILO conventions are ratified by the U.S. However, the principles of freedom of association, the right to collective bargaining, the elimination of forced labor, the abolition of child labor, and non-discrimination are generally upheld under various U.S. laws such as the National Labor Relations Act and the Civil Rights Act. If Idaho state laws provide greater protections than federal laws, workers in Idaho are entitled to these greater rights and protections. It's important to note that while Idaho does not have its own state OSHA plan, it follows federal OSHA regulations. Additionally, Idaho is a 'right-to-work' state, meaning that union membership cannot be required as a condition of employment.