what type of attorney works on employee lbor laws

What types of work do employment lawyers do?

Call Brad: 888-600-8654. A lawyer for work-related issues, you need an “employment lawyer” or “labor law lawyer.”. The terms are interchangeable. California and federal labor laws and regulations protect workers in the United States, but many workers are unaware of their rights at the workplace. Some employers could take advantage of this lack of unawareness on the part …

What does a labor lawyer do?

There are two distinct kinds of employment attorneys: those who work on behalf of employers (mostly for compliance) and those who work for employees. This section will help you choose and work with an employment law attorney, with sample forms and information about legal fees. More Learn About Using an Employment Attorney

Do labor lawyers work with organizers?

determines whether or not they are regarded as components of “labor law” or “employment law.” Given the distinguishable set of issues encompassed in each field, labor law and employment law remain discrete areas of practice. However, these two …

When do you need an employment lawyer?

Mar 08, 2022 · Only employers with a certain number of employees are subject to EEOC laws. The number of employees changes depending on the type of employer and the kind of discrimination alleged. Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees. Federal agencies must follow all EEOC laws, no matter how ...

Harassment at Work

Whether it is your employer or fellow employees who engage in sexual or other harassment at the workplace, you have rights.

Workplace Violence

There are strict laws against violence, but violence does happen in the workplace. All workers have the right to a safe workplace. A qualified employment attorney can help you get the justice you deserve.

Unlawful Termination

The employer’s right to terminate the employees is not absolute; it is conditional. Your termination may be illegal given your situation, and you could fall into a protected class.

Overtime Collection

Some employers could take undue advantage of their employees regarding overtime e.g., unpaid overtime work or working off the clock.

Hour and Wage Issues

If you believe your employer is not following minimum wage laws, or you feel you are not getting the money according to your work, consult an employment lawyer.

What is employment law?

Employment law involves a relatively wide array of issues that involve the legal relationship between employer and employee. These involve wage and hour law, discrimination and harassment, family and medical leave, and employee benefits. Since employment laws tend to change frequently, often through the courts, ...

How do I find an employment attorney?

Since employment laws tend to change frequently, often through the courts, you want an attorney who is current with the law. Your attorney also should be familiar with various federal agency rules, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). You can find an attorney through referrals ...

Do large corporations have legal representation?

Remember: The employer usually will have some kind of legal representation, and large corporations have entire legal teams working on their behalf. If the potential cost of not hiring an employment is more than you can afford -- including, perhaps, the hardship of unemployment -- then the cost of legal representation may be the wiser choice.

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.

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 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 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.

Is labor and employment law a versatile field?

Yet labor and employment law is truly a versatile field that frequently touches on issues that arise in a wide range of other legal disciplines.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

Can an employer file a lawsuit without a lawyer?

Most employers have much more experience and resources than you to evaluate and handle claims. An employee who has not consulted an attorney can be at a real disadvantage. Succeeding in an employment lawsuit without a lawyer (called filing "pro se") is virtually impossible.

Who protects longshore and harbor workers?

Longshore and Harbor Workers, Coal Miners, Nuclear Weapons Workers, and Federal Employees. Federal laws protect longshore and harbor workers, coal miners, nuclear weapons workers employed by the Department of Energy (DOE) or a DOE contractor, and federal employees.

What are the laws that the EEOC enforces?

Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...

What is the Department of Labor's Wage and Hour Division?

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

What to do if you are terminated by an employer?

If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney.

What to do if you get hurt working for a private company?

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

What is workers comp?

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees.

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 can an employment lawyer advise employers about?

Of course, an employment lawyer can also advise employers about their rights and responsibilities regarding union workers and efforts of employees to unionize in an employer’s workplace.

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.

What to do if an employee is not unionized?

If an employee works in a non-unionized workplace and wants to try to unionize, the employee may well want to consult an employment lawyer. An employment lawyer can help by advising employees about their right to form a union and the activities in which they can engage in connection with that effort.

Why does an employer retaliate against a person?

The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;. The person’s employment has been terminated in violation of an employment contract, express or implied;

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 is Gibbs Law Group?

Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”

How much is labor code penalty in California?

Workers can recover labor code penalties of up to $25,000 per violation if they are misclassified. Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day.

What happens if you are forced to work off the clock?

If you are forced to work off-the-clock or your employer knows or should know you are voluntarily working off-the-clock, you are entitled to be paid for those unclocked hours. If you’re not given paystubs, you can recover penalties up to $4,000 under the California labor code.

How much notice do you have to give for a layoff in California?

If an employer lays off 50 or more workers in a one-month period, or closes down a store, or relocates, the California labor code requires they give 60-days’ advance notice. If they don’t, workers are entitled to two months’ pay and benefits. California Final Paycheck Law.

How many hours do you have to work to get paid in California?

Your rights under California labor law. California labor law requires that employees who work regular 8-hour shifts be paid for a minimum of four hours if they are sent home early, or have to check in every day to see if they are scheduled.

Is California labor law pro-worker?

Generally, California labor law is more pro-worker. And typically, the damages and penalties a worker can recover are higher under California labor law than under federal labor law. Learn more about the differences between California and federal labor laws.

Is California a pro-worker state?

California has arguably the most pro-worker employment laws in the country. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. Employers also cannot force you to waive your right to the protections of California labor law.

Why Might I Need A Lawyer to Handle A Employment-Related Problem?

• To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action. Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employ…

See more on workplacefairness.org

Do I Need to Talk to A Lawyer Right away?

How Do I Find A Lawyer?