Labor Law Attorney
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The man dialed an employment law attorney after being unceremoniously fired by the owner of the franchise where he worked. The former employee had broken an ankle and was out of work three months because of its severity, and upon return was told that he could only work on a part time basis because he would be in a wheelchair for another eight weeks. Not only would the employee only be working part time, but he was also stripped of his salary and moved to an hourly wage. The former employee had called several other legal practitioners, but none had the answers for the particular set of questions he asked. The man then knew that the need for an employment law attorney was nonnegotiable. "Teach me thy way, O Lord, and lead me in a plain path, because of mine enemies." (Psalm 27:11)
The former employee at the beginning of this blog had the mistaken impression that any attorney around the corner can handle the complicated world of business labor and employment statutes until he began to consider just some of the issues that these specialized barristers must face on an everyday basis. Issues such as, electronic privacy in the workplace, the use of lie detectors in the workplace, drug testing, unjust firings, child work regulations, the Family Medical and Leave Act, federal wage and hour regulations, workers compensation, issues pertaining to OSHA, and sexual harassment suits are just some of the areas that these law practitioners need familiarity. In short, employee regulations are really about everything regarding the relationship between employee and employer. Some of the very large legal firms around the country may have barristers practicing in just a few of these areas so that expertise can be established.
The terms labor law attorney or an employment law attorney are terms that can be used interchangeably in most cases. However, a labor attorney practices in an area that many an employment law attorney cannot, and that is with dealings with labor unions. Labor regulations are fashioned to try and stem the inequity caused by the leverage many employers have over their employees. The term collective labor law deals with the three part relationship between employee, employer and union interests. A collective bargaining agreement is brought on by a relationship formed by all three of these entities. A labor law attorney will be at the heart of these kinds of agreements that are hammered out by much negotiation.
While a labor law attorney may be qualified to work on a case that is simply between an employer and an employee, the employee law attorney will probably not be equipped to handle high stakes negotiations and legal matters with labor unions. A labor attorney will be involved in high profile issues that often get a great deal of attention, such as the ongoing fight for safety to be a top priority in underground mines. The civil rights of groups of employees, whether unionized or not, will be addressed by a labor law attorney interested in the constitutional rights of particular employees, such as seasonal farm workers or asbestos removal workers. Protecting accused workers of violating certain federal statutes such as the Davis-Bacon Act or the Copeland Act would be the bailiwick of this type of legal practitioner. Also included would be the Fair Standards Act which mitigates issues among far workers and their employers.
One of the issues that can often face an employment statute attorney is the interpretation of certain employee regulations. The man at the beginning of this blog sat at lunch one day and discussed all the aspects of the recent firing with one such barrister. At the end of the meal, the lawyer suggested that the man file a complaint with the State Bureau of Employee Relations, laying out all of the details of the circumstances surrounding the issue. The law attorney stated that there was no way that the employer could change a workers' status from exempt to non-exempt without being guilty of workplace prejudice. However, to the man's dismay, the state denied any wrong doing had been done and dismissed the complaint as having no grounds for continuance. The regulations surrounding the complicated world of labor and employee statutes are complicated and often times subjective in nature, leaving open a number of differing interpretations.
The Wagner Act and its violations, have kept labor law attorneys busy for decades. Also known as the National Labor Relations Act, this statute has sought to protect union workers from such things as firings because of union activities, wage cuts or job demotions because of union activities. The Act even protects against employers spying on unions. Additionally, barring workers from working because of union unrest, acts of force and threats against union members are all part of the legacy of labor attorneys Despite what some may think, these occurrences still happen in the twenty first century, but not to the extent of by-gone eras. The freedom from harassment and poor working conditions that many younger workers enjoy today is the result of dedicated legal practitioners plying their trade in decades past.
Knowing that it might be a titanic struggle between himself and the franchise owner, the man gave up his cause for fair treatment. The cost of hiring an employment law attorney would outweigh any gains made from winning the complaint. Sometimes knowing when to quit is a good thing. The man found other work right away and is much happier now. And so the planet revolves.
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