An employment lawyer can represent unions or employers during a contract dispute.
An employment lawyer is a lawyer who represents employers or employees in legal disputes, usually about terms and conditions of employment. An employment lawyer may practice private law or work for a law firm, but some lawyers work directly for employers or unions. While these attorneys are helpful in situations where employers and their employees are arguing a case in front of a judge, most are not involved in litigation. Instead, they specialize in consultations and negotiations aimed at avoiding litigation. When an employer opens a new facility, for example, consultation with an attorney will be a routine part of the planning process, to familiarize the employer with things like local labor laws and union activity in the region.
If a worker believes their rights have been violated under labor protection laws, that worker has the right to contact the Fair Labor Standards Board.
Labor law in the United States seems fairly straightforward, but it can be quite complex in certain circumstances, and you often find yourself embroiled in disputes over the elements of your relationship covered by the law and have to present your cases to a judge. Labor lawyers are particularly valuable in these cases.
Employment attorneys become key resources when an employer is the target of a union organizing campaign. A company that finds itself in such a situation and wants to fight the union must first exercise due diligence and know what actions it can and cannot take under the law. Many employers view union organizing efforts as personal, and their response is often emotional. A good lawyer will advise against capricious actions and prevent the employer from taking actions that violate workers’ rights or poison the employment relationship. Some employment law firms specialize in “union avoidance” and have amassed extensive experience advising employers and even running anti-union campaigns.
It is important to research an attorney’s educational background and credentials before hiring one.
Unions, of course, have competent legal counsel in conducting their organizing campaigns and will be quick to assert their rights and those of the workers they seek to represent when those rights are harmed or violated. Just as employers can overreact to the perceived provocation of a union organizing campaign, employees can become emotional when their livelihood appears to be in jeopardy. Legal advice will help unions, and in particular local organizing committees, to break the law or damage their employment relationship.
Union members engage in collective bargaining with their employees for acceptable wages.
Employers whose employees are represented by a union often retain the services of an employment attorney to assist in collective bargaining, and many unions also include an attorney in the bargain. This is a prudent move even when the relationship between the union and management is amicable, as is often the case, because regardless of the good intentions of the parties, collective agreements must also obey the law. Neither party benefits from a poorly drafted contract.
Employment lawyers can offer free consultations to potential clients.
The parties to a collective bargaining agreement will also convene employment lawyers to participate in formal dispute resolution processes, usually arbitration. Although the arbitrator in these cases is often also an employment lawyer, the involvement of lawyers from both sides of the table is warranted to ensure that each side’s rights are protected and privileges are respected.
An employment lawyer in private practice generally tends to represent employers or employees, although some successfully represent both. Most of the cases they handle, on both sides of the table, involve wage and hour claims, wrongful termination cases, harassment allegations, and disability claims.