New Labor Laws Don’t Mean Much Until the Trial Lawyers Start Creating Case Law

The government often makes laws, and everyone assumes that that’s how things will go. But often the laws the government makes are found to not be okay with the courts, and then the trial lawyers, and lawsuits begin. Eventually there’s a lot of case law which changes the way in which companies do business, or how business is done. At no other place is this more significant than in the labor laws of our country.

Perhaps we should look at all the laws that are created in general first. Okay so, I live out in California, and we are always voting on new laws to take back the insanity of political correctness here and restore things to a realistic line of thinking in our governmental policies. “Fat Chance,” say some and perhaps they are correct. California has overturned many of the laws in the court system that the voters have overwhelmingly voted for.

This same thing happens, when Congress creates new labor laws, for instance the way that employees are allowed to vote to determine if they wish to be unionized or rules and OSHA standards protecting workers, or laws protecting whistleblowers, and employees of large corporations. You see, new labor laws don’t mean a whole lot until the trial lawyers start creating new case law, and once they do that mountain of bureaucracy builds on its own.

Then it gets into contracts, human resource procedures, labor negotiations, and it spreads across the country from jurisdiction to jurisdiction, it eventually goes international. This is why we have to be so careful when we make laws in Congress on labor issues. Just because we make a lot doesn’t mean it will stick, and it may have incredibly adverse unintended consequences. In fact, many of the labor laws created to protect employees, actually end up hurting them, making their lives miserable, and force hundreds of thousands of people out of work.

Consider if you will issues with minimum wage, discrimination in employment, and bullying in the workplace. All of these laws have created unintended consequences, and that’s before we even start talking about such things as sexual harassment, or PC rules of conduct within outside the organization. Please consider all this.

 

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