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state laws provide workers with greater protections than the applicable federal law the state law is not preempted or superseded by the federal law and workers are entitled to those greater rights and protections.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 West Virginia (WV), 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, wages, family and medical leave, and hours of work as established by laws such as the Occupational Safety and Health Act (OSHA), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA). These laws set the baseline for workers' rights across the United States, including WV. Additionally, the United States acknowledges 'internationally recognized labor rights' which include acceptable conditions of work concerning minimum wages, hours of work, and occupational safety and health, aligning with some principles promoted by the International Labor Organization (ILO). In instances where WV state laws provide greater protections than federal laws, the state laws apply, granting workers the higher standard of rights and protections. This means that in WV, workers can benefit from any state-specific regulations that offer more substantial rights than those provided at the federal level, such as higher minimum wage rates or more generous leave policies, if such laws exist.