What is Labor & Employment Law? How to Find a Labor & Employment Lawyer

 Labor and Employment Law

What is Labor and Employment Law?

Labor and employment law is the body of law that governs what the federal government will allow to happen between an employer and employee. Activities involving labor unions and other similar organizations also fall under labor and employment law.

Governing Law

Labor and employment law is generally governed by Title 42 U.S.C., the Prohibition Against Violation of Civil Rights, the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), and other similar laws. In addition to federal comprehensive acts, many state and local laws may also apply to employment practices. It intersects with contract law, health care law, administrative law, and sometimes personal injury law. Business law also plays some role in this area as well.

Reasons for Hiring an Attorney

Labor and employment law disputes arise on a regular basis. A dispute can arise over whether a hiring or firing of an employee was proper. There can be a dispute over how an employee takes his sick leave. A dispute can arise over whether an employee is required to be a member of a union. Additionally, the terms of a contract between an employer and an independent contractor can come under dispute. These are but a few of the common types of claims that can arise in labor and employment law. If you have a dispute with your boss or a disagreement over a labor contract, you should consult a labor and employment law attorney. It’s important to do as soon as possible so that the statute of limitations does not run before you get resolution. You may also need a law firm’s assistance to preserve your defenses for when you go to court.

Another common reason for hiring an attorney under labor and employment law is for disputes relating to workmen's compensation as well as disability. However, workmen's compensation issues typically come under additional areas of law and may cross over into such areas as personal injury and health care law.

Things to Look for in a Labor and Employment Law Attorney

Because most conflicts in employment arise over contract disputes, an employment lawyer generally spends most of his time reading and analyzing contracts. The resolution to many labor law disputes involves money damages or injunctions, so an employment lawyer or law firm will have to file the appropriate motions, at his discretion and as required by court rules. Labor and employment law firms often have their own specializations that include a focus on contract interpretation.

Conflict resolution such as arbitration and mediation are also powerful skills for a lawyer to bring into this kind of case. Many governmental organizations have their own administrative procedures that must be followed before a court will hear the dispute. While your employer may tell you that you don't have to have an attorney, you do have the right to have one, and it is wise to have one to ensure that you do not waive defenses or claims that you might otherwise have raised. Even if the case must go through mandatory arbitration, having an attorney will provide you with a better defense. In situations where mediation and arbitration are not required, your attorney or law firm may still push for it as these methods generally result in a lower bill for you.

If your labor and employment issue involves workers' compensation issues, then you may also need an attorney who can represent you in a personal injury case as well as workers' compensation. Many employment lawyers include this in their services, and if they are certified as specialists, then that generally includes this skill set.

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