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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 South Dakota, 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. South Dakota state law complements these protections and may offer additional rights to workers. For instance, South Dakota has its own regulations regarding minimum wage, which may exceed the federal minimum wage. The state also upholds the principles of the International Labor Organization (ILO), including freedom of association, the right to collective bargaining, the elimination of forced labor and child labor, and non-discrimination in employment. If South Dakota laws provide greater protections than federal laws, the state laws apply, granting workers the more substantial rights and protections. It's important for workers in South Dakota to be aware of both federal and state laws to understand the full scope of their rights in the workplace.