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Development of Employment Law

At the turn of the twentieth century, employment law was virtually nonexistent in the United States. The first significant departure from an unregulated workplace was the adoption of state workers’ compensation laws to deal with the severe problem of injured workers. A major breakthrough came in the 1930s, when the National Labor Relations Act and the Fair Labor Standards Act were enacted. Employment law took large strides forward in the 1960s with the passage of major antidiscrimination statutes, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Equal Pay Act. Common law claims, particularly for wrongful discharge, came into vogue in the late 1970s and throughout the 1980s. Benefits have been the target of a number of employment laws since the 1970s, with health insurance, pensions, and leaves being at the center of recent legislative efforts. Legislation does not emerge in a vacuum. Many of our employment laws reflect the work of social movements, organized efforts to create needed changes in workplaces and society. The workers’ compensation statutes adopted in the early part of the twentieth century were influenced by the progressive movement, which addressed the social problems of that time. The National Labor Relations Act was enacted in 1935 during the depths of the Depression. The act furthered the efforts of ordinary workers, joined together in the labor movement, to gain some control over their work lives. Our employment laws are windows into important periods in our history, express basic societal values, and represent hard-won accomplishments that should not be taken for granted. Though the workplace is far more regulated that it once was, U.S. employers still have far more latitude in human resources decisions than many other industrialized nations.