What Does a Labor Lawyer Do?

Labor lawyers are often confused with employment lawyers. While both types of lawyers practice employment law, there are a few key distinctions worth knowing. Most importantly, labor lawyers specialize in the rules and regulations that govern labor unions.

Labor unions are organizations seeking to further employee rights in a particular profession. These organizations are governed by state and federal laws such as the National Labor Relations Act (NLRA). Labor lawyers are well-versed in these laws and the procedures surrounding them, including how to file complaints with the correct government agency.

Indeed, before they can practice labor and employment law, labor lawyers must meet stringent qualifications — most importantly, passing their state’s bar exam, typically after completing their juris doctor (J.D.) degree at an accredited law school.

Resolving Labor Law Matters

Labor attorneys work with labor unions to resolve various legal issues, including:

Establishing a Union

The National Labor Relations Act (NLRA) is a federal law that protects employees’ right to organize. When workers decide to unionize, labor law attorneys are often hired to provide legal advice regarding regulations and legal protections.

Collective Bargaining

In addition to protecting labor unions, the NLRA mandates that workers maintain the right to collectively bargain with their employer and have their grievances aired through a representative chosen by the workers.

Such grievances include workers’ compensation, medical leave, overtime pay, general work environment, and safe working conditions. As you might’ve guessed, these representatives are often labor lawyers.

Terminating Labor Union Employees

Employers who want to terminate a unionized employee often consult a labor attorney throughout the process. Unlike other private sector employees who work at will — meaning they can be terminated at any time and for any reason that’s not illegal — union employees are protected by just-cause provisions in the employment contract.

Labor attorneys may advise employers on best practices for avoiding costly wrongful termination litigation or represent employees in legal action for wrongful termination.

Negotiation

Suppose an employment dispute leads to a wrongful termination lawsuit from a union employee and both parties are amenable to settlement.

Legal disputes in this area of law can become complex entanglements rather quickly, so it’s best to have a legal team with knowledge of both federal and state laws.

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Finding the Right Employment Lawyer For Your Needs

To protect your legal rights in employment matters, it’s wise to get legal advice from a qualified attorney in the labor law practice area. Many law firms offer free consultations to learn more about your case and discuss legal services.

Visit the Super Lawyers directory to find a labor lawyer who practices employment and labor law.