Current Labor Laws Research Paper

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Labor Laws

Should American labor laws be abolished?

The answer to that question is no, but labor laws in the U.S. need serious revision, according to Professor Stephen F. Befort of Boston College. In a 42-page research paper on the historical and contemporary issues that relate to labor laws in the U.S., Befort states: "Simply put, it's a mess." Befort generalizes the problem by stating that the "…legal structures of employment have failed to keep pace with dramatic changes in working life" (Befort, 2002, p. 1). The present legal "landscape" that results from laws governing employment is "a very complicated one," Befort explains.

It is "garbled by a maze of potential claims and forums," and when an employee is terminated, there are a number of possible claims that can be used to challenge the employer's decision to fire that employee, Befort continues (p. 18). There are multiple forums and federal statutes and a great deal of time is spent when there is a dispute; to wit, the parties involved must jump through numerous legal hoops and the courts are asked to "…divert considerable time and attention to navigating this maze," according to Befort.

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There are certain discharge claims -- multiple claims in some instances -- that may have to be heard by "…a federal court, state court, administrative agency, or an arbitrator"; and in addition, the litigation currently bottling up the courts and labor system results from lawyers and judges sorting through the statutes (Befort, p. 18).

Some federal statutes (ERISA, 305) actually "preempt state law claims," Befort asserts, while other federal laws (Title VII, 306) very narrowly preempt state laws are as a result are often contentious (p. 18). What makes the system particularly complicated is that there are "…no less than three different stands of federal law preemption" and each has its own "complicated standard for ousting state law claims" (Befort, p. 18). The current mode of regulation for workers is "…haphazard, difficult to access and lacking in voice," the professor concludes in page 41. The globalization of commerce and labor that has taken place over the past fifty years has put the emphasis on "capital flexibility" and decreased workplace regulation because economic "efficiency demands a decrease in workplace regulation" (Befort,….....

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