Protecting the Fruits of America’s Laborers
Labor Day recognizes the ongoing workers’ rights movement as a force for good
Labor Day weekend, full of smoky barbecues, hometown parades, and celebratory picnics, marked the unofficial end of summer and, for many students, signaled the beginning of a new school year. However, Rutgers–Camden Professor of Law Stacy Hawkins warns that the true meaning of Labor Day should not be forgotten. Now more than ever, Hawkins advises, Americans should not become complacent about how post-pandemic changes in the workplace may permanently impact long-accepted employee protections.
“Not that long ago, for example, the freelance gig economy was a limited and elite slice of the labor force; now it is taking over,” said Hawkins, who formerly served as a senior labor and employment attorney in practice. “Self-employed independent contractors like delivery drivers gain greater flexibility, but it comes at the expense of other worker benefits.”
Addressing what would be needed to change some employer's ‘take it or leave it’ approach to employment, Hawkins explained, “There is limited federal legislation on a whole host of things like on-demand scheduling, minimum wages, and other worker protections and what exists is woefully outdated. States have stepped in to fill the gap by legislating these issues state-by-state, in piecemeal fashion.”
Stacy Hawkins, professor of law
Stacy Hawkins, professor of law
Labor Day represents the fruits of an era when employment rights were actively battled for and won. The holiday is celebrated in recognition of the contribution of workers to the development of America. It became a federal holiday in 1894, at the start of the modern era, when workers began winning the right to unionize, collectively bargain, and protest.
During the post-Civil War era, there were often violent confrontations between protesting workers demanding shorter working hours and their employers. Up until the early 20th century, hundreds of people were killed in conflicts between workers on strike and their opposition, whose ranks included employers, police, private security personnel, and the National Guard.
Two incidents stand out: the Haymarket Square riot and bombing in Chicago in 1886 and the Pullman rail strike in 1894 that severely disrupted train service in the Midwest. These events served as the inspiration for pro-labor activists to push for a nationwide observance.
The Anarchist Riot in Chicago (Illustration) - A dynamite bomb exploding among the police [McCormick Strike, Haymarket Square]. Image courtesy of the Library of Congress.
The Anarchist Riot in Chicago (Illustration) - A dynamite bomb exploding among the police [McCormick Strike, Haymarket Square]. Image courtesy of the Library of Congress.
“History shows that unionization and collective bargaining are effective,” Hawkins said. “So, let’s not forget the progress that was made by the labor movement.” She added that while passing laws that improve relations between labor and management takes time, the fight is worth it, even in the current climate of union busting, where workers involved in union organizing are at risk of retaliatory firings.
Hawkins welcomes certain post-pandemic changes in the workplace. She observes that hybrid schedules allowing employees greater flexibility in their work/life balance are likely here to stay. “There is research demonstrating the correlation between these policies and increased productivity, which suggests they are a positive workplace development,” she said.
And change for the better is already being enacted in a growing list of European countries. In response to post-pandemic flexibility, and as greater numbers of employees are working from home, the right to ignore emails from bosses who consistently email outside of normal work hours is being won. Known colloquially as the “right to switch off,” countries including Ireland and Britain are actively supporting such legislation, which is already on the books in Portugal, the Netherlands, Denmark, and elsewhere.
“In America, the 2023 Hollywood writers’ strike is a good example of how collective bargaining can work,” Hawkins said. The Writers Guild of America (WGA) was striking over, among other issues, the impact of artificial intelligence (AI) on their work. In its contract agreement, the WGA won an assurance that AI would not be used in the writing or rewriting of scripts.
“But for a lot of people these days, it can feel like employees are being left to their own devices,” Hawkins said. Yet, she sees grassroots lobbying efforts meaningfully impacting employment protections for workers. “This has been a more activist time than I have seen in my more than 20 years in law and that is very encouraging.”
Hawkins believes it would be good to remember that America’s labor history is more relevant than ever. “The labor movement remains important and ongoing,” she said. “Let’s not lose sight of that.”
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