Labor and Employment Attorneys deal with a broad area of employment law that controls how employers must treat employees, former employees, and applicants for employment--this includes all areas of the relationship except negotiation and the collective bargaining process, which are covered by labor law. Employment law encompasses a wide variety of issues like Pension Plans, Retirement, Occupational Safety & Health Regulations, Affirmative Action, Discrimination in the Workplace and Sexual Harassment. Employment Attorneys can show businesses how to reduce their risk of employment litigation and how to comply with state and local laws. They can also help protect workers when their rights are being violated.

Labor laws were designed to equalize the bargaining power between employers and employees—prohibiting employers and unions from engaging in specified "unfair labor practices" and establishing an obligation of both parties to engage in good faith collective bargaining. Labor Attorneys mainly deal with relationships between employers and unions. Labor laws grant employees the right to unionize and allow employers and employees to engage in certain activities (e.g., strikes, picketing, seeking injunctions, lockouts) for the purpose of getting their demands fulfilled.

What can Labor and Employment Attorneys help with?

Labor and Employment Attorneys help employers with the following:

• Reviewing client employee handbooks, manuals, and policy statements.
• Assisting with federal and state wage and hour law issues and claims.
• Representing employers before the Equal Employment Opportunity Commission (EEOC) and state human rights agencies.
• Providing advice on issues involving National Labor Relations Board (NLRB) representation elections including campaign assistance.
• Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies.
• Providing representation for grievance and arbitration hearings under collective bargaining agreements.
• Collective bargaining on behalf of clients including strategic planning and acting as spokesperson.
• Counseling on issues related to strikes or lockouts, and providing related litigation support.

Should I hire a Labor and Employment Attorney?

If you are involved with a dispute involving such issues as wrongful termination, sexual harassment, discrimination (gender, age, religion, disability, pregnancy, national origin, race), wage and overtime issues, employment contracts, negotiation of severance packages, or public sector employee issues, you should immediately consult with a qualified Lead Counsel Employment Attorney. Businesses will also typically retain an Employment Attorney to provide counsel on the businesses rights and options under labor and employment laws and provide advocacy, including representation in mediations, arbitrations, and litigation.

Frequently Asked Questions

• What Does The Fair Labor Standards Act Govern?
  The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards.
• Can An Employer Use Arrest And Criminal Records To Reject A Job Applicant?
  There have been some cases where the EEOC has found the blanket use of arrest or criminal records as a basis for rejecting job applicants to be unlawful if such use results in a … more
• How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?
  This is a matter generally determined by an employer. Many people mistakenly believe that full-time employment consists of 40 hours per week.  However, the federal Fair Labor Standards … more
• When Must Break And Meal Periods Be Given?
  The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal … more
• When Is Overtime Pay Due?
  For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some … more

Free Legal Forms

• Application For Examination/Employment
• Hctc: Individuals - Overview - Federal
• Order To Show Cause And Temporary Restraining Order (Clets) (Workplace Violence)
• Petition Of Employer For Injunction Prohibiting Violence Or Threats Of Violence Against Employee (Workplace Violence)