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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 New York, workers' rights are protected by a combination of federal and state laws. Federally, the Occupational Safety and Health Act (OSHA) sets forth minimum safety standards, the Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay, and the Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for family and medical reasons. New York State law often provides broader protections. For instance, New York's minimum wage is higher than the federal minimum, and the state has its own laws governing hours of work and overtime pay. The New York State Labor Law also includes provisions for meal breaks and day of rest requirements. Additionally, New York supports workers' rights to collective bargaining and prohibits discrimination in employment. When state laws offer more protection than federal laws, workers in New York are entitled to these greater rights and protections. It's important to note that while the ILO sets international labor standards, adherence to these standards is subject to the laws and regulations of each member country, including the U.S.