Public labor law

There is a close connection between state law and federal law. Private federal labor law offers regulation concerning employee-employer relations the same way the state labor laws do. The federal laws give a broad guideline which the states follow. However, in most instances, the federal law allows the states discretionary powers in reference to enacting and implementing certain rules. In developing the rules and the regulations, the states do not present a wide deviation from the federal provisions.

This paper seeks to find out the similarities between the Federal private labor law and the Washington state public labor. Collective activities at the state and federal level are also put into perspective. The paper finds that there are minor differences though big aspects remain the same between the two entities. Child labor In Washington industries can be fined up to 1000 dollars if found guilty of abridging rights of the underage in reference to employment. Such employers can equally attract criminal charges on the same; however, the severity of the offence affects the fine imposed on the offender.

In the Federal case, the offenders in child labor are liable to prosecution and their crimes attract even a bigger penalty. In reference to federal regulations, an entity is subject to paying up to 11, 000 US dollars in form of fines if convicted with child labor offences. However, just as in the Washington case, the severity of the violation affects the fine imposed on the offender. The penalty gets worse if the wrong or offence of employing the underage is a recurrent one. The intent of violation is equally assed to determine whether the violators were focused on visiting injury on the parties involved or not.

Depending on the outcome the jury passes a sentence befitting the findings. Knowledge on the law regulating underage employment is also put into perspective. If the employer had prior knowledge on the existing legislation on the issue, then such a culprit attracts even heavier penalties. On the converse, while taking care of unintentional employment, i. e. lacking information on the regulations is given a lesser fine. The Fair labor Standards Act provides for restriction in regards to shipment of goods produced in violation of the child labor law.

The Act also restricts interstate transfer of goods if they were produced in violation of minimum wage, or overtime legal requirements as set by the federal laws. The act extends authority to the US labor department to exercise control over such issues by seeking an injunction to prevent movement of such products. On the same note, the Act empowers the Labor department to obtain injunctions to push such employers into complying with the federal law requirements. If the violators continue committing the same offences, sanctions can be sought against them on the basis of contempt of the court process.

The willful child labor offenders are liable to prosecution and on being convicted they attract a fine of not less than 10, 000 US dollars. On the basis of the current law, a second conviction is likely to attract an imprisonment charge for the offender. In reference to Washington, the child labor laws require that underage people be employed only by their parents or by the agricultural sector only. The labor laws go a step further to allow for exemptions from duty during certain times for the minors falling in the category of between 16 and 17.

The employers of minors are restricted from offering certain duties to the underage. This is provided for under the WAC 296-125-030. The provisions require that minors be exempted from: driving power woodworking machines, packing or processing metals, driving metal machines, using power driven saws, roofing, working in excavations, among other duties. On the other hand, the federal law labor provisions do not apply in reference to minor employment exemptions in the following circumstances.

In reference to minors under the age of 18 who are employed by their parents in jobs which are not regarded as hazardous. However, no youth under the age of sixteen can be employed in manufacturing or mining duties. The second aspect is in regards to children employed as performers or actors in theatrics, radio and TV presentation, and other related activities. The third act relates to newspaper delivery to a consumer. Finally, children working at home are not subject to the federal rules application.