According to a research paper written by James Gray Pope (2009), the history of labor and employment law in the United Statess may be divided into five periods:
1. Pre-Revolutionary (1600s to 1770s) – before the American Revolution, there were no labor and employment law set in “stone” (Pope, 2009). The family was the center of legal organization of labor. The qualified adult male exercised authority over everyone in the household, including spouses, children, hired servants, bound servants, and slaves. Generally, the English pattern was the source of governance over American law regarding servants, however, it was legislated and administered at the level of the individual colony or locality, and not by Parliament (Pope, 2009).
2. From the Revolution through the Civil War (1770s to 1865) – the American Revolution caused powerful democratic impulses among the new nation’s farmers and workers. The creation of new state and federal constitutions stimulated expectations of liberty and equality that penetrated all levels of employment (Pope, 2009). At this time, also, the American economy endured a market revolution and this resulted in a rise in employment related lawsuits (Pope, …show more content…
From the Great Depression to the Taft-Hartley Act (1930s to 1940s) – the Great Depression caused a drastic change in American labor law. Unemployment increased drastically, a lot of farms closed, and there was a major collapse in industries. This resulted in a plummet of market institutions and corporate leaders’ confidence (Pope, 2009). Workers and farmers protested and immigrant workers began voting and resulted in an increase in protection of workers’ rights. Congress and administrative agencies established labor laws instead of the courts. This was when labor laws began to get recognition. Sadly, old patterns came back after a short while (Pope,