labor attorney - what do they do

What can an employment lawyer do?

An employment lawyer can help an employee file the complaint with the appropriate agency and explain the time limit in which the claim must be filed and other factors related to the claim.

What is a worker's compensation lawyer?

Workers’ compensation claims arise when an employee is injured or becomes ill due to work. An employment lawyer may assist an employee in filing a claim or an appeal. He or she may also represent the employer’s interests and help substantiate a denial.

What is a discrimination lawsuit?

An employment discrimination lawsuit may arise when an employee is terminated, demoted, reassigned, not hired or otherwise the recipient of adverse employment action that is based on a protected status. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, national origin, sex and religion.

What is wage and hour claim?

Wage and hour claims arise when an employee does not receive the compensation to which he or she is entitled. An employer may be asking the employee to work off the clock, or the employee may not be receiving overtime pay. These types of claims can also arise when employees are misclassified in order to avoid paying overtime rates to employees.

Can employees join in a class action?

When many employees are similarly affected by adverse action by an employer, such as discrimination or a wage and hour claim , the employees may join together in a class action against the employer. This arrangement involves multiple plaintiffs. The advantage for the employees is that they can split the cost of litigating between the party members.

Can an employee file a lawsuit against another employee?

In some cases, an employee may have a third party lawsuit against another party other than an employer for a work-related injury. Employment lawyers help prepare complaints, communicate with the legal representative of the other side and appear in court on behalf of the client.

What is labor law?

Labor laws are a broad set of laws, rules, and regulations that apply in employment settings. The main goal of these laws is to protect the rights of employees. Common labor law disputes include: Worker’s compensation. The term labor law can be almost interchangeable with the term employment law.

How to report unfair labor practices?

In order to report an unfair labor practice, an employee must file a complaint with the nearest NLRB regional office. The NLRB will then investigate the complaint and attempt to reach a settlement.

What is an at will employee?

There are typically two broad categories of employees, an at-will employee or a contingent worker, such as a contract worker. Most state laws provide that employment is at will. This means that an employer can terminate an employee from a position for any reason, so long as that reason is not illegal.

Can an employer terminate an employee at will?

The employer of an at-will employee may terminate the position at any time, with or without notice. In most cases, an employment contract will specify that the employee is an at-will employee.

What is an employment contract?

An employment contract is an agreement between the employer and employee that outlines the basic responsibilities of the employee. When the employee signs in the contract, it is deemed binding. There are various types of employment contracts that employees may be required to sign. These include:

Can an employee be terminated without reason?

However, if the contract is silent on the matter of the employee’s status and that employee is terminated without reason, they may argue that their termination was wrongful. The employee may argue that pursuant to their contract, they could only be terminated for good cause.

What is the purpose of the National Labor Relations Act?

The goal of this law is to ensure that the rights of the employees are not violated. For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union;

What Employment Attorneys Do for Employees

Before the various employment laws and protections were enacted in the United States, employees were nearly powerless when their employers treated them unfairly. Unfortunately, many employees still believe that they cannot stand up to their bosses. The good news is that you have every right to do so.

What Employment Attorneys Do for Employers

Employers notoriously believe that they can handle everything on their own. While this may be true in most circumstances, when it comes to the subject of employment law, it is advisable to work with an experienced attorney the moment you make the decision to hire your first employees.

Why You May Need an Employment Attorney

Enacted employment laws are in place to ensure the protection of employees and employers alike. However, unless you are trained in this area of law, it is likely that you will not understand what is required of you and/or what protections are offered. While some would consider employment attorneys an expense, the wiser would consider them an asset.

Where does labor law come from?

A lot of labor law comes from the federal government. However, states are free to make their own labor laws too. In fact, most states have at least some labor laws in place. These laws often provide for at-will employment relationships that allow employers to discharge employees without cause.

How do labor laws affect the way Americans do business?

Labor attorneys shape, challenge and implement labor laws. Their work impacts nearly all Americans directly or indirectly. Lawyers who practice labor law enjoy the challenges and the rewards of this high-profile and high-stakes area of law.

Is labor law a part of employment law?

Labor law is only one part of employment law. In addition to labor laws, there are laws that govern all employment relationships in the United States. These laws prohibit discrimination on the basis of race, color, national origin, sex, age and disability. They create safety standards for employees. They establish programs for compensation for employees who are hurt while working. Labor lawyers must know and work with these laws in addition to the laws that specifically govern unions.

What is the National Labor Relations Board?

The Board oversees union voting and negotiations in the United States. When the Board receives allegations of violations of the National Labor Relations Act, they can investigate. They have the power to prosecute violations and authorize sanctions. The National Labor Relations Board has offices throughout the United States.

Do labor attorneys have to file a demand?

In most cases, aggrieved union members must file a demand before pursuing formal action. They might have to wait several months before they can bring their claim. In addition, many union issues are negotiated and arbitrated. Labor attorneys must know these requirements and know their limits. Knowing and following procedures is critically important to helping the client navigate the union process and requirements successfully.

Can a labor attorney enforce a union agreement?

Even though a lot of labor law involves negotiations and arbitration, union agreements are enforceable in court. Because the courts have the power to enforce and strike down agreements, labor attorneys occasionally litigate the issues in a formal, judicial setting. Labor attorneys must be prepared to draft and file lawsuits as well as use the rules of civil procedure to conduct discovery and argue their case in court.

What does an attorney do for a company?

On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims. They must understand the claims-handling guidelines for each business unit they work with and be able to budget costs and calculate exposure.

What is the job of a workers comp lawyer?

The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability. Typical job functions of a workers' compensation lawyer include: Gathering medical evidence and medical records.

What are some examples of accidents at work?

Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...

How much do claimants attorneys charge?

It's more customary that they work on a contingency basis, collecting a percentage of any award received for a claimant, anywhere from 10% to 33%. Some state laws cap the percentage.

Where do workers comp attorneys work?

Workers' comp attorneys work in an office environment, often employed in a law firm or in a corporate legal department. Frequent travel to hearings, arbitrations, depositions, and job sites can be required.

What can a worker's compensation attorney do?

A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.

What are the laws that cover federal employees?

Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...

What are the duties of a lawyer?

A lawyer has several duties which go beyond the basic court trial. Researching information, drafting documents, mediating disputes and providing counsel to clients about their legal rights are just some responsibilities involved depending on the area of law.

What does an animal lawyer do?

An animal lawyer will advise clients, research cases, review and prepare legal documents, conduct depositions, create pet trusts, argue cases in court, file class action lawsuits and a variety of other duties. They may also publish case studies in journals dedicated to the study of animal law.

How many hours do lawyers work?

A lawyer can work in a law firm, private company, or even work for state as a public defender or for the prosecution. Most attorneys work 50-80 hours per week, including weekends. The newly hired attorneys usually serve as clerks in charge of researching information and aiding in preparation for upcoming trials.

What is legal separation?

In the case of legal separations, a divorce lawyer will grant the separation in the form of a court order (a legal separation is a process by which a married couple may formalize a separation while remaining legally married). When there are children involved, a divorce lawyer will help set the terms for child support and child custody.

What is the scope of a criminal lawyer?

The scope of practice for a criminal lawyer includes trials, bail bond hearings, post-conviction remedies, plea bargains, and revocation hearings (parole or probation). After investigating a case, a criminal lawyer will interview all witnesses involved, research the statutes, case law, and crime codes, and then build a defence as well as develop ...

What is tort law?

This type of lawyer tends to practice primarily in the area of law known as tort law, and provides legal service to those who claim to have been injured as a result of the negligence of another person or entity.

What is a bankruptcy lawyer?

Bankruptcy Lawyer. A bankruptcy lawyer assists individuals or organizations that make legal declarations stating their inability to pay their creditors. Understanding the process and filling out the bankruptcy forms can be daunting.