what does a labor attorney do for me

Employment attorneys might write and review employee handbooks

, assist with wage law issues and claims, represent employers before the Equal Employment Opportunity Commission (EEOC) and provide advice on National Labor Relations Board issues.

Full Answer

Why do you need an employment lawyer?

A labor and employment attorney works on cases that pertain to workers rights and other workplace issues. Your duties include performing research, preparing cases, and representing clients in court. Some lawyers specialize in a specific area, such as workplace discrimination, workers compensation, or wage disparities. You can also represent clients who have issues …

What does an employment lawyer do?

Nov 10, 2020 · A labor law attorney may represent unions or employers during a contract dispute. A labor law attorney is a lawyer who represents employers or employees in legal disputes, generally over the terms and conditions of employment. A labor law attorney can be in private practice or work for a law firm, but some attorneys work directly for employers ...

What are the duties of an attorney?

For employment lawyers who represent the employer, one common task that they complete is to help employers remain compliant with various laws. This includes compliance with federal and state anti-discrimination laws, including drafting policies and informing employers and management that do not discriminate on the basis of race, color, sex, age, color, national origin, …

What is a labor and employment lawyer?

We first address the pressing issues by asking the right questions, reviewing documents and talking to key persons to fully assess the allegations. We then educate the client on what the laws require, and the application of the facts to the law. Lastly, we propose cost-effective strategies with an eye towards quick and efficient resolution.

What does a Labour lawyer do?

Labour Lawyers Deal with Laws, Codes, Disputes and Strikes Driven by government to protect workers' rights, address historical imbalances and fuel employment, labour law demands knowledge on a variety of distinct rules, laws and regulations within the workplace.Jun 27, 2016

What are my rights as an employee?

Being treated fairly and equally - discrimination and harassment, protection for whistleblowers, right to join a trade union, modern slavery. Rights when you lose your job - redundancy pay, protection from unfair dismissal, notice periods and pay, Transfer of Undertakings (Protection of Employment)

How do employee rights lawyers work?

What Does an Employee Rights Attorney Do? Employee rights attorneys primarily represent clients who are involved in various work-related disputes. As a result, employee rights attorneys are likely to spend the majority of their time researching laws, codes, and statutes that relate employment law.

Can you sue your employer?

Some people worry that suing their employer may cause problems in the workplace. However, employees are legally entitled to seek compensation from an employer if they breach their duty of care. This means that you cannot be discriminated against or dismissed as a result of making a claim against your employer.Aug 3, 2021

What are 5 rights of an employee?

These are the basic rights you need to know:Compensation equality. ... Freedom to join a Union. ... Safe workplace. ... Harassment free workplace. ... Non-discrimination. ... Family and medical leave. ... Minimum wage. ... Retaliation-free workplace.More items...•Dec 13, 2021

What are the 3 basic employment rights for a worker?

The Occupational Health and Safety Act entitles all employees to three fundamental rights: The right to know about health and safety matters. The right to participate in decisions that could affect their health and safety. The right to refuse work that could affect their health and safety and that of others.

How much do Labour lawyers earn in South Africa?

R343,943 (ZAR)/yr.

What is an attorney in the UK?

What's a counsel? A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.Oct 7, 2015

Can I take my employer to court for unfair treatment?

It might be against the law if you're being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.

What can I sue my job for?

Generally, employees can demand money or sue their employer for three kinds of remedies under employment law: (1) Wrongful Dismissal Damages, (2) Extraordinary Damages, and (3) Human Rights Damages.

Can I take my employer to court for stress?

Unless you have been absent from work before with occupational stress a Court is unlikely to find your illness foreseeable to them, and unless you can show that your employer knew or should have known that you were at risk of suffering a psychiatric injury, it will not be possible to pursue a case.

What does a labor attorney do?

A labor law attorney is a lawyer who represents employers or employees in legal disputes, generally over the terms and conditions of employment. A labor law attorney can be in private practice or work for a law firm, but some attorneys work directly ...

Is labor law complex?

Labor law in the United States seems fairly straightforward, but it can be quite complex in certain circumstances, and often find themselves involved in disputes over those elements of their relationship covered by the law, and having to argue their cases before a judge.

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 workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is FMLA in healthcare?

Under the Family Medical Leave Act (FMLA), employers must offer unpaid leave time to employees with a qualifying family or individual medical situation, such as leave for the birth or adoption of a baby or leave to care for a spouse, child, or parent with a serious health condition.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

Why do employers need an attorney?

An employer may need an attorney for allegations of an unsafe work environment. The attorney can investigate the work area to see if the employer has any safety violations. Another way the attorney can get information would be to interview the person who made the allegation.

What is an employment lawyer?

An employment lawyer is a lawyer who specializes in employment issues for either individuals or corporations. The attorney must be licensed to practice law in the state, province or region where the attorney works. In the United States, attorneys need to have a four-year ...

What is contractual dispute?

Contractual disputes are a common occurrence in the workplace. A person who works as an employment lawyer may handle discrimination cases. A person may allege he or she was denied a position because of race or gender. The attorney will review the evidence to see if any discrimination occurred. An employment lawyer may look at contractual issues ...

Can an employee be terminated for any reason?

An employee can be terminated for any reason. There may have been a reduction in work force or gross misconduct. It is up to the attorney to see if the termination was fair. Companies often keep an employment lawyer on retainer for advice regarding human resource matters.

What is labor law?

Labor law has traditionally encompassed the relationships among unions, employers, and employees . Labor laws grant employees in certain sectors the right to unionize and allow employers and employees to engage in certain workplace-related activities (for example, strikes and lockouts) in order to further their demands for changes in the employer-employee relationship.

How to show interest in labor law?

You can show this interest by interning with an organization undertaking labor or employment law work, writing relevant articles for journals and/or newspapers, joining related student organizations, taking courses focused on labor and employment law issues, and/or participating in a clinic dealing with labor or employment issues. Your ability to prove that you are confident and passionate about pursing labor and employment work will likely play a factor in the kinds of jobs you are able to land.

Why do I join a student organization?

Joining a student or university-run organization allows you to demonstrate your interest in labor and employment law to employers while at the same time gaining exposure to practical and interesting information about the field. Student and university-run organizations also serve as an easy way to meet other HLS students and faculty focused on issues you care about; you will find that many of the people that you encounter share similar passions and career aspirations. Occasionally, students work together to begin new organizations or programs designed to fill a void in campus life; for example, HLS students founded the former Harvard Worker Center to create a strong voice for workers across all employment sectors at Harvard.

Where do students work in the spring?

Students spend the entire Spring semester (except for Spring break) in Washington, D.C. working as legal interns in a variety of federal offices while taking an evening course on government lawyering. Placements are principally in federal government offices where lawyers conduct research and provide legal advice and assistance on policy, legislative or regulatory matters, rather than investigating and litigating cases. Students may choose to start the clinic early by spending the Winter Term in Washington, D.C. working full-time at their placement offices. Students also attend class twice a week (see below for more on the class) and write a 1-credit research paper that relates to the student's Semester in Washington placement.

What are wage and hour laws?

These standards include minimum wage, overtime pay, and underpayment in a variety of public and private workplaces, as well as family and medical benefits. Prevailing wages for government service and construction contracts fall within this area of employment law, as do work authorization criteria for non-U.S. citizens undertaking temporary, migrant, or agricultural work under the Immigration and Nationality Act. Wage and hour standards also cover workplace conditions for working children and protect children and adults alike from exposure to detrimental or unfair working conditions, such as those found in sweatshops and throughout the global human trafficking system.

What is workplace discrimination?

Workplace discrimination occurs when an employee suffers from unfavorable or unfair treatment in the workplace because of their age, gender, race, national origin, religion, or sexual orientation. Disability laws also expand upon the employment rights of veterans and persons with disabilities. Although workplace discrimination is becoming more widely reported, it continues to affect millions of workers across the country.

What is the purpose of workers compensation?

Workers’ compensation programs provide wage replacement, medical treatment, vocational rehabilitation, and other benefits to employees who are injured or develop an occupational disease over the course of employment. The four federal workers’ compensation programs that are overseen by the United States Department of Labor include: the Energy Employees Occupational Illness Compensation Program, the Federal Employees' Compensation Program, the Longshore and Harbor Workers' Compensation Program, and the Black Lung Benefits Program. Each of these programs serves the specific employee groups that are covered under the applicable statutes and regulations by mitigating the financial burden resulting from workplace injury. There are also compensation programs that are administered by state governments and through the private sector. The worker’ compensation area is a fairly discrete one and tends to largely involve administrative advocacy rather than courtroom litigation.

What makes a good L&E lawyer?

Many of the qualities that make for a successful L&E attorney are things that apply to all good lawyers: dedication, work ethic, intellectual curiosity, problem-solving skills, and professional responsibility.

What is the career goal of an associate?

The career goal of many associates is either to become partner (typically after 8 or more years of practice) or in-house employment counsel (sometimes after only a few years of practice). However, these are not the only career paths available. Some associates who enjoy practicing law but do not want business-generating responsibilities prefer to transition to an “of counsel” role at their firm. Other attorneys choose to hang their own shingle, often taking on plaintiff-side work. Of course, there are also related career paths outside the practice of law.

What is lean staffing?

This lean staffing allows associates of all levels to work closely and directly with partners and gain plenty of experience running cases.

Is hate a strong word?

Hate is a strong word, but the same challenges and pressures that make this practice area so interesting and appealing can also be daunting at times. For example, the unpredictability can be exciting or frustrating, depending on the day or perspective.

Is L&E a general counsel?

L&E practitioner to in-house counsel is a common career path. Many companies have one or more in-house employment counsel positions, which are coveted by those L&E associates looking to transition to an in-house role. Other companies have a general counsel who takes on employment law issues along with many other legal responsibilities (for which know-how beyond just employment law is likely required).

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

When should I contact an employment attorney?

A person should contact an employment attorney as soon as they become aware of an issue. If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages.

Can an employer lay off employees?

The employer plans to lay off or fire a large number of employees, terminate an employee benefit, or change the current pension plan that it offers. An experienced employment attorney can also assist you with legal issues other than employee-employer disputes.

What should I do before meeting with a lawyer?

Before meeting with a lawyer, a person should prepare themselves to describe their problem with a brief, clear summary.

What should I ask my lawyer about?

A person should ask the lawyers about their experience with the specific type of problem that they have, their fees, what their options might be, their chances of success, who will do the work on their case (whether the attorney or an associate), and when the problem might be resolved.