Labor Laws

Labor laws cover a number of laws that affect how you are treated at work. These laws are designed to protect employees’ rights in different situations. You’ll see disputes about discrimination and harassment, Family Medical Leave Act (FMLA) leave, wrongful termination and workers’ compensation. That’s also the case when you’re just looking for a job.

You’ll see that people use “labor law” and “employment law” to talk about the same things. These cover similar workplace topics and problems.

With lawyers, you might hear different terms. Someone called a labor lawyer works on cases around union disputes. A lawyer who works with more general employment problems can be called an employment lawyer. That line might seem fuzzy. It matters when you need help.

The National Labor Relations Board or the NLRB handles the disagreements between unions and workers. They help choose which union will represent employees and they set the laws for creating new unions. The NLRB also has a General Counsel who looks into the complaints about unfair bargaining and sets up the procedures for bargaining as a group.

If you come across an NLRB attorney, that person represents the General Counsel. They step in to investigate claims of unfair labor practices. They also help settle and manage legal cases. They run elections for union representation and, sometimes, are hearing officers in union-related disputes.

Labor and employment laws shape the way that employers and employees work together. Workers fall into two main groups – at-will employees and contingent workers like contractors.

In most states, jobs are at-will positions. This means that your employer can let you go for any reason, as long as it’s not illegal. Learning about where you stand helps. The state laws also put laws in place for employment contracts, like what kinds of clauses you might find in them.

If you’re an at-will employee, your employer can end your job at any time, with or without warning. Your contract will say if you’re at-will. But if your contract doesn’t mention it and you’re let go without any reason, you could argue that your firing was wrongful. You could then claim that your contract only lets your employer let you go for a reason.
Always take your time to read through every part of an employment contract before you sign it. That way, you can clear up any problems before you agree to anything. These parts may include:

• A confidentiality agreement, which provides that the employee will not share any proprietary information regarding the company;
• A non-compete agreement, which provides that the employee agrees that, for a specified period of time after the employment ends, they will not work for a competing company or take away the company’s customers;
• An arbitration agreement, in which the employee agrees to arbitrate any disputes that arise with the employer rather than going to court; and
• A termination agreement, which provides that the employer may terminate the employee for any reason.

How Are Labor Laws Regulated in Unions?

A labor union brings workers together and gives them some extra protection by letting them negotiate as a group with their employers. You get to have a say in things like your pay, working conditions, your benefits, how terminations are handled and the ways complaints are dealt with.

The National Labor Relations Act or NLRA is a federal law that covers the employees in the private sector who belong to unions. This law is there to help make sure that your rights at work are respected. The NLRA says that you have the right to create a union if there isn’t one already. You can also join a union if you want or say no to union activities if you like. The NLRA lets you get rid of a union if steps are followed and to be represented fairly by your union. It also protects you from being punished for trying to start a union or for negotiating together with your coworkers. No employer is allowed to treat you differently just because you’re in a union or because you aren’t.

Even if you don’t belong to a union, you’re still covered in some ways by the law. The NLRA gives the non-union workers the ability to take joint action about their problems at work. Say you’re not in a union and you raise some problems about unfair pay with your boss. The NLRA protects you in that situation too.

A recent Supreme Court case decision changed things, though. Now, if you work in the public sector but aren’t in a union, you can’t be forced to pay the fees to that union anymore. Before this decision, the non-union workers had to pay because the union negotiations affected them too.

The unions for public employees like postal workers, police officers, or teachers may start to find real challenges in their work. They can’t require the employees to pay union dues or fees, so their future funding is up in the air. Over the next few years, you should watch for changes as everyone figures out what this new rule means for the unions.

How Are Labor Laws Enforced in Unions?

You’ll see that the labor laws in the United States can look very different depending on where you’re at since each state sets its own rules. At the same time, there are also some federal laws that can sometimes overrule what the states say. If you have a problem at work, a labor rights lawyer helps you sort out what laws apply where you live and helps you through your options.

The NLRB works with the cases related to unfair labor practices and enforces the NLRA. You have the right to speak up if you believe your employer or union is acting unfairly toward you.

To get started, you’ll need to file a complaint with your local NLRB regional office. An investigator will look into your complaint and try to reach a resolution for you. You have the option to submit your complaint online, which can save you some time in the process.

If you go down the online path, make sure to follow every instruction on the site. You won’t have an NLRB official walking you through it, so double-check your paperwork and process closely. Missing a step or filling something out incorrectly can get your claim turned down or slow things down even more.

Sometimes problems come up with collective bargaining agreements unexpectedly. When this happens, employees and employers may try “alternative dispute resolution” options like mediation or arbitration to find an answer together. These strategies give both sides a chance to sort things out without going directly to court.

If you’re thinking about creating a union or opting out of your current union representation, then you’ll need to file a petition with the NLRB. You’ll want to get support from at least 30% of the eligible employees before you submit it.

Some workplace problems don’t fall under the NLRB’s scope at all. Discrimination and harassment are two important examples. FMLA problems, wage disputes and worker’s compensation are additional issues. Other sets of laws cover these areas specifically. Depending on the situation, you might have the option to file a civil complaint in court.

When Should I Contact a Labor Lawyer?

You want to have an experienced labor law attorney on your side if you have any labor law problems. With a good lawyer, you get someone who can look over all your case facts, explain which of the laws fit your particular situation, and also step in to represent you in court if that ever comes up. This extra help can make things go smoother for you as an employee in the workplace.