Labor Law
It is getting harder and harder to find a good-paying job with benefits. Employers are paying less, requiring more, and they can still fire you without any notice. As a worker, you have rights, but you may not be sure what protections you have. Federal and state labor laws protect workers like you, including giving you the right to unionize.
Some employers take workers’ rights for granted. If your employer violates your labor law rights, you can file a complaint to hold them accountable. Contact a labor law attorney to find out about your legal rights.
What Labor Laws Cover Union Workers?
Most private-sector and public-sector union protections fall under the National Labor Relations Act (NLRA). The NLRA protects workers’ right to unionize and engage in collective bargaining. Employers are prohibited from unfair labor practices that interfere with labor unions. The National Labor Relations Board (NLRB) enforces labor laws and protects unionized workers.
Types of Labor Law Cases
Labor law covers a variety of legal claims. These may involve labor law violations, civil lawsuits, or benefit claims. Examples of the types of employment law cases include:
- Minimum wage and overtime pay violations
- Child labor
- Equal pay
- Occupational Safety and Health Act (OSHA) and workplace safety
- Workers’ compensation
- Employment discrimination
- Enforcing the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA)
- Employee benefits
- Labor unions
- Employment contracts
- Whistleblower retaliation
Do You Have the Right to Unionize?
Under the National Labor Relations Act, most workers have the right to join or organize a union. This does not include certain supervisors, agricultural workers, or independent contractors. Under the NLRA, employers cannot take adverse actions against employees for protected labor organization activities. Protected activity includes:
- Talking to coworkers again, creating a labor union
- Distribute union literature
- Wearing union buttons
As a recognized union, workers can negotiate collective bargaining agreements (CBA). Union members can generally get better working conditions and employment terms, including:
- Higher pay
- Health care benefits
- Vacation time
- Retirement or pension benefits
- Layoff protections
Are Non-Union Workers Protected by Labor Laws?
Non-union workers are also protected by state and federal labor laws. However, non-union workers may not get the benefit of collective bargaining of a union. Workers who do not have a union or don’t join a union are generally hired on an at-will basis. This means your employer can terminate your employment for any reason or no reason at all. However, federal laws still prohibit firing an employee for a protected reason, including illegal discrimination.
What Are Right-To-Work Laws?
In 1947, Congress passed the Taft-Hartley Act, which introduced something called “right-to-work” laws. Right-to-work laws make it sound like people have the right to get a job. However, the term right-to-work generally means the state has business-friendly laws that limit unions.
About half of all U.S. states have right-to-work laws. In right-to-work states, it is illegal for businesses to be closed union shops, which require their employees to join the union to get hired or keep their jobs. However, they may allow agency shops or union shops where employees pay a fee but don’t have to join the union.
Can Your Employer Retaliate Against You for Filing a Complaint?
An employer cannot retaliate against you for exercising your labor law rights. This includes filing a complaint or cooperating with a government investigation. Employers may try to intimidate workers to keep them from reporting labor law violations to the U.S. Department of Labor (DOL). However, under whistleblower protection laws, employers can’t take adverse employment actions against a worker for protected activities.
What Can You Do if Your Employer Violates Labor Laws?
Labor law violations happen all the time. Unfortunately, many workers never take their case to court. Workers may feel like they can’t win, or it is not worth the time and effort. However, it is important to protect your legal rights and hold the employer accountable. You can also recover compensation, including:
- Back pay
- Lost benefits
- Reinstatement to your job
- Punitive damages
- Attorney fees
Some labor law violations allow you to recover double or triple damages. For example, wage-and-hour violations under the Fair Labor Standards Act (FLSA) provide for liquidated damages. If the court awards you $1,000 for overtime violations, you could recover an additional $1,000 in liquidated damages.
If your employer violates your labor rights, check with a labor lawyer to understand your legal options. You can file a complaint with the proper state or federal agency. You may also be able to file a civil lawsuit against your employer.
Additional Labor Law Articles
- NLRA & FLSA: What do they cover?
- What To Do After Losing a Union Job
- Going on Strike: Labor FAQ
- Is It Legal To Unionize My Workplace?
- Collective Bargaining: What You Need to Know
- Teachers Unions & Collective Bargaining
- Labor Law & Unions Overview
- Title VII & Race Discrimination