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Understanding the Difference Between Employment And Labor Law

December 2, 2021

Although the two words sound like the same thing, employment laws and labor laws cover different areas of rights. Attorneys may specialize in one practice or another; therefore, it is important to discern if representation should be from an employment law attorney or a labor law attorney.

Generally, if the law deals with the relationship between an employer and an individual, employment laws are invoked, while issues between an employer and a group of people (such as a union) are more likely to fall within the category of labor law.

Employment Law

Employment law is concerned with the relationship between the employer and the employee as an individual. Some of the most common employment law applications are lawsuits dealing with workplace issues like discrimination, harassment, employee privacy rights, wage and hours, overtime, breaks and whistleblower rights.

There are state and federal laws that ensure employees and potential employees are protected against discrimination and protect their right to a safe workplace environment. When employers violate the rights of an employee that are protected by employment laws, employees have the right to protect themselves through legal action.

Labor Law

Labor laws are laws concerned with unions and the right of workers to take part in collective action to bring about change in working conditions and pay. Labor laws protect groups of employees and labor unions, as well as employers.

Labor laws were instituted as a result of the need to correct the inequalities in bargaining power between employers and employees. Modern labor law largely did not exist in the United States prior to a wave of statutes passed beginning in 1935 with the National Labor Relations Act (NLRA). Typically, you will need a labor lawyer to assist where:

  • A union attempts to organize employees and have the employer recognize its function as the employees’ bargaining representative.
  • A union seeks to negotiate a collective bargaining agreement with an employer.
  • A union and employer disagree on how specifics of a contract are interpreted or applied.

About Hekmat Law Group

Hekmat Law Group is an rights focused law firm founded in 2013 dedicated to fighting for employee and consumer rights. The firm represents employees in wrongful termination, discrimination, harassment, unpaid wages and other employment matters as well as consumers ripped off through false advertising or other unfair (and unlawful) business practices. The firm has offices in Los Angeles, CA and New York, NY. For additional information, please visit HekmatLaw.com.