Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labor law are found at all levels of government, from federal to state, to city and county. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.
Employment and labor law attorneys can help you in the following areas including:
- Contract Negotiation/Proposal Drafting
- Grievance and Interest Arbitrations
- Mediations and Fact-Finding
- Appearances before Administrative Agencies/Federal and State Court
- Personnel Manual/Employment Handbook Content
- Employment Contracts (including restrictive covenants)
- Drug and Alcohol Testing
- Wrongful Discharge
- Discrimination Complaints based on Race/Sex/Age/Handicap
- Working through the maze of the Social Security System.
- Preparation and/or review of employment handbooks to assure compliance with applicable statutes and to assist in risk management in protecting employers against future claims
- Preparation/review of personnel policies and employment agreements
- Preparation/review of executive employment and compensation agreements
- Defense of discrimination and harassment actions before the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing and state and federal courts nationwide
- Counsel and defense regarding wage and hour laws (exemptions, overtime, commissions, pro-rated vacations, etc.)
- Befense of wrongful termination lawsuits including public policy and whistleblowing
- Compliance with state and municipal laws regulating the employment relationship (employee privacy, use of polygraph and other electronic devices, medical confidentiality, “No-Smoking” ordinances, drug, alcohol and theft issues in the workplace)
- Defense of ERISA and other employment benefit claims
- Defense of union organizing and collective bargaining claims
- General advice regarding union relationships
- Labor-management relations
- Defense of workers’ compensation claims not covered by insurance
- Counsel pertaining to strikes, picketing and injunctions
- Review of unemployment compensation claims
- Defense of OSHA citations (federal and California Occupational Safety and Health Acts), hazard communication and workplace safety training
- Prosecution of unfair competition claims including employee raiding, misappropriation of trade secrets, client solicitation and computer sabotage
- Advice with regard to day to day personnel matters including, but not limited to, terminations, layoffs and workplace violence.
Labor law regulates the entire relationship between employer and employee – the initial hiring process, job duties, wages, promotions, benefits, employment reviews and termination of the employment relationship. It also includes litigation on the basis of unfair labor practices and discrimination. According to the United States Department of Justice Bureau of Justice Statistics job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998.