Human Resource Management: Examining the Provisions of US Labor Law

This report examines the ideology behind labor law, particularly in the context of protecting the vulnerable, using the proverb 'When elephants fight, it is the grass that suffers' to illustrate how workers can be affected by corporate competition. It emphasizes the role of labor law in mediating relationships between workers, unions, employers, and the government, highlighting its purpose in codifying employer obligations and safeguarding employee rights, including equal pay, well-being, and workplace safety. The report also touches upon the historical background of labor laws, stemming from labor movements advocating for worker protection and improved bargaining power. Focusing on the US Labor Law, the analysis addresses specific provisions designed to balance bargaining power and promote economic and social rights, referencing the Fair Labor Standards Act and the National Labor Relations Act. In conclusion, the report provides an overview of labor law's objectives and the specific measures within US law aimed at protecting workers.

Running head: HUMAN RESOURCE MANAGEMENT
Human Resource Management
Name of the Student:
Name of the University:
Author Note:

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Introduction:
The report aims at focusing on the labour law ideology in the context of ‘When
elephants fight, it is the grass that suffers’. The proverb put in a simplified manner implies
how the weak or the least powerful suffers in the fight of the dominant figures. Hence, it
immaterial as to which of the elephant loses or wins since it is the grass that lies beneath that
gets destroyed and trampled.
Labour Law Ideology:
Although source of the quote was lost in distant past but the wisdom remained true till
today. The essence of the proverb explains the ideology of the Labour Law. Thus, when the
big corporations considered the ‘elephants’ in the proverbial context, undertake competition
against one another, it is always the workers or the ‘grass’ that is trampled and undergoes
suffering in the process. Hence, the need for the labour law that helps in mediating the
relationship between the workers, trade union, employing entities and government (Harris &
Krueger, 2015).
Purpose:
In other words, the labour law codifies and clarifies the obligations of the business
owners to the employees (Kearney & Mareschal, 2014). The labour law possess a uniform
purpose of protection of the employee right and thereby ensure the responsibilities and the
obligations of the employers. The primary function of the labour law involves providing
equal pay and opportunity, mental and physical well being, workplace diversity and safety.
The laws not only grant the employees the right for unionizing but also allow the employers
and employees in getting involved in specific activities like strikes, picketing, lockout and

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injunctions for fulfilling their demands. The labour law sometimes forget the sole purpose
and sometimes the management act stubborn towards policies and the decisions.
Background
The labour laws are probably the outcome of the labour movement that had a
prolonged history of lobbying for the laws that involved protection of the rights of the
workers, improving their safety, preventing child labour and enhancing the bargaining power
of the workers in relation to the employees (Kaufman & Taras, 2016).
US Labour Law
United States (US) Labour Law put forward duties and rights of the employers and
the labour union in United States (Hattam, 2014).
Specific Provisions of the US Labour Law Addressed:
To address the concern related to, ‘When elephants fight, it is the grass that suffers’
the US Labour Law tried to mention specific provisions in terms rights and duties of the
employees, employers and the labour union. The law focused on the key aim of undertaking
remedial measures for solving the inequality of the bargaining power between employees and
the employers especially those in ownership association and the corporate. During the 20th
century, the federal law also led to the creation of economic and social right along with
providing encouragement to the state laws in favouring the employees. There was
implementation of Fair Labour Standards Act of 1938 that set the minimum federal wage at
$7.25(Mayer, Collins & Bradley, 2013). This discouraged unhealthy working weeks over a
minimum of 40 hour and compensation through overtime pay. It also focused on the
provision of National Labour Relations Act of 1935 that created rights for the employees

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along with provision of the democratic principles of the labour union put forward by
Management Reporting and Disclosure Act of 1959.
Conclusion:
The report tries to provide an insight into the premise of the labour law through a
proverb. In order to address the concern put forward by the proverb the report also mentions
the specific provisions of the US law.

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References:
Harris, S.D. & Krueger, A.B., (2015). A Proposal for Modernizing Labor Laws for Twenty-
First-Century Work: The" Independent Worker". Hamilton Project, Brookings.
Hattam, V. C. (2014). Labor visions and state power: The origins of business unionism in the
United States. Princeton University Press.
Kaufman, B. E., & Taras, D. G. (2016). Nonunion employee representation: history,
contemporary practice and policy. Routledge.
Kearney, R.C. & Mareschal, P.M., (2014). Labor relations in the public sector. crc Press.
Mayer, G., Collins, B., & Bradley, D. H. (2013). The Fair Labor Standards Act (FLSA): An
Overview.