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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 North Dakota (ND), workers' rights are protected by a combination of federal law and state statutes. Federally, workers are entitled to minimum standards regarding occupational safety and health (OSHA), wages (Fair Labor Standards Act), family and medical leave (FMLA), and hours of work. These federal laws set the baseline for workers' rights across the country, including ND. Additionally, the National Labor Relations Act (NLRA) protects the right to collective bargaining and freedom of association. North Dakota state laws may offer additional protections. For instance, ND has its own laws regarding minimum wage, which may exceed federal minimums, and regulations on safety and health in the workplace. When ND state laws provide greater protections than federal laws, the state laws apply, giving workers the benefit of the higher standard. It's important to note that while the ILO's fundamental principles are respected, the specific application and enforcement of these principles are through U.S. and ND state laws. Workers in ND who believe their rights have been violated may seek recourse through state or federal agencies, or by consulting with an attorney to discuss their specific situation.