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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 Maine, workers' rights are protected by a combination of federal and state laws. Federally, the Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, recordkeeping, and youth employment standards. The Occupational Safety and Health Act (OSHA) governs workplace safety and health. The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for family and medical reasons. Maine state law complements these federal protections by offering additional rights to workers. For instance, Maine's minimum wage is higher than the federal minimum wage, and the state has its own regulations regarding occupational safety and health under the Maine Department of Labor. Maine also recognizes the right to collective bargaining, prohibits forced labor, child labor, and employment discrimination, aligning with the fundamental principles and rights at work as identified by the International Labor Organization (ILO). When Maine's state laws provide greater protections than federal laws, workers in Maine are entitled to these more substantial rights and protections.