LRI 2022 United States - CLR

United States
Of America

2022 Score

63.5

Score Increase

2020 Score

59.5

Rating

Limited Access to
Decent Work

Fair
Wages

60

Decent
Working Hours

40

Employment
Security

20

Family
Responsibilities

50

Maternity
at Work

60

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

100

Trade
Union

25

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§204(d)(1) & 206 of the Fair Labour Standards Act 1938
Does the law require regular payment of wages?	Yes	1	§204 of the California Labour Code
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§510 (a) of the California Labour Code
Does the law require additional compensation for working on a weekly rest day?	No	0	§510 (a) of the California Labour Code
Does the law require additional compensation for night work?	No	0	No applicable legal provisions could be located

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§510 (a) of the California Labour Code
Does the law restrict maximum working hours including overtime to 56 hours per week?	No	0	No applicable legal provisions could be located
Does the law require a weekly rest of at least 24 hours?	Yes	1	Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017)
Does the law require paid public holidays?	No	0	No applicable legal provisions could be located
Does the law require at least three working weeks of paid annual leave?	No	0	No applicable legal provisions could be located

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§2751 (a) of the California Labour Code
Does the law restrict the hiring of fixed-term contract workers?	No	0	No applicable legal provisions could be located
Does the law limit the length of probation period including renewals to a maximum of 3 months?	No	0	No applicable legal provision could be located
Does the law require a 30-day notice before contract termination?	No	0	No applicable legal provision could be located
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	No	0	No applicable provision could be located

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	Yes	1	California Gov. Code, § 12945.2 (a) & (b)(4)
Does the law require at least one week of paid paternity leave for fathers?	Yes	1	California Gov. Code, § 12945.2 (a) & (b)(4); s3301 (a) (1) (2) California Unemployment Insurance Code
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable provision could be located
Does the law require paid nursing breaks?	No	0	§1030 of the California Labour Code

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§701 (k) of the Civil Rights Act 1964
Does the law require paid maternity leave of at least 14 weeks?	No	0	§12945.2 (a) & (b)(4) of Gov. Code; §2612 (a)(1) of the Family and Medical Leave Act; §3301(a)(1)(2) of California Unemployment Insurance Code
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	No	0	§3301(b) of the California Unemployment Insurance Code
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§3301 (a) (1) (2) & (b) of the California Unemployment Insurance Code
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§701 (k) of the Civil Rights Act 1964; §12940 (a) of the California Gov Code

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§6403 of the California Labour Code
Does the law require the employer to train workers on health and safety issues?	Yes	1	§6401.7 of the California Labour Code
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§12945 of the California Gov Code
Does the law provide for employment injury benefit?	Yes	1	§3600 & 3700 of the California Labour Code; Title 8 of the California Code of Regulations

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	Title II of the Social Security Act 1935; ISSA Country Profile for US
Does the law provide for a dependants'/survivors' pension?	Yes	1	Title II of the Social Security Act 1935; ISSA Country Profile for US
Does the law provide for unemployment benefit?	Yes	1	Federal Unemployment Tax Act; Federal Grants to States for Unemployment Compensation Administration; Social Security Act 1935
Does the law require paid sick leave for the first 6 months of sickness?	No	0	§246 & 246.5 of the California Labour Code
Does the law provide for invalidity benefit?	Yes	1	Title II of the Social Security Act 1935; ISSA Country Profile for US

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	Yes	1	§206 (d) (1) of the United States Code
Does the law prohibit sexual harassment in employment?	Yes	1	§1604.11 of U.S. Code of Federal Regulations: 29 C.F.R; §2005e-5(e)(3)(B) of Title VII of the Civil Rights Act of 1964
Does the law prohibit discrimination in employment matters?	Yes	1	§12940 (a) California Gov Code; §2e-2 of 42 United States Code
Does the law allow women to do the same jobs as men?	Yes	1	No restrictive legal provisions could be located
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Title II (sec. 211) of the Social Security Act 1935

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§1286 (c) of the California Labour Code
Does the law set employment entry age equal to or higher than the compulsory schooling age?	Yes	1	§48200 of the California Education Code
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§1294.1 (b) of the California Labour Code
Does the law prohibit forced labour?	Yes	1	§1589 (a) (1) & (d) 18 of the US Code

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	Yes	1	§7 of the National Labour Relations Act, 1935
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§9 of the National Labour Relations Act, 1935
Does the law provide for the right to strike?	No	0	§19(b)(4) of the Federal Service Labour-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978)
Does the law prohibit employers from terminating employment contracts of striking workers?	No	0	§9(3) of the National Labour Relations Act, 1935