The United States Congress enacted the first federal employment law in 1888. Now, more than 180 federal laws mandate how employers may and may not treat their employees. In addition, every state in the union has its own employment laws that employers must comply with.
Federal employment laws cover every phase of the employee-employer relationship: applying, hiring, training, working, paying, promoting, disciplining, and terminating the employer-employee relationship. How do employers, especially small to medium-sized companies, keep up with the ever-changing landscape of employment law? How do employers ensure that their employment decisions will not get them into hot water with the federal or state government?
Any qualified employment and labor law attorney will tell you that preventative advice and counseling is the best way for employers to keep from accidentally violating federal or state employment laws. Our attorneys work closely with employers and human resource professionals to help them understand the basics of employment law and keep their businesses in compliance with both federal and state regulations.
Our law firm advises businesses of all types and sizes on the following matters:
Labor laws are a broad set of laws, rules, and regulations that govern relationships between employers, unionized employees, and labor unions in an employment setting.
The main purpose of labor laws is to balance out any inequities in bargaining power between employers and unionized employees by using labor unions as a middleman. As such, these laws tend to focus on regulations that affect collective bargaining power, wages, and safety in the workplace.
In addition, labor laws aim to protect the rights of unionized workers and to define the responsibilities of their employers. Since labor laws are a subset of general employment law, they tend to overlap in certain areas, such as ensuring all workers are free from employment discrimination.
Over the past several decades, the workplace in the United States has become increasingly regulated. Dozens of federal and state statutes, such as the Family Medical Leave Act, Fair Labor Standards Act, Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act, set forth strict guidelines on employment procedures which impact both employers and employees. With the web of federal, state and local regulations becoming more complex, it is important that you consult an experienced employment lawyer regarding all workplace-related issues.
Understanding and obtaining your rights in the workplace can be challenging and intimidating. With counsel on staff and human resources teams on site, the legal resources available to employers often exceed those available to the individual employee. We understand the legal tactics used by small and large employers and are able to provide effective counsel to employees to help protect their rights.
Our firm is available to review your employment agreement, including assessing the terms of salary, commission, bonuses, non-solicitation covenants and non-compete agreements which may be included. If the terms of this agreement are unsuitable or inequitable, we will assist you in the negotiations or even litigation to amend the terms of the contract.
If you have been wrongfully terminated or victimized by unlawful business practices, our lawyers will work with you to ensure that you receive the compensation that you deserve. In addition to representing employees who have suffered from breach of contract claims, wrongful discharge and various employment torts, we have extensive experience in discrimination claims.
Title VII of the Civil Rights Act of 1974 prohibits employers from discriminating against employees because of race, color, religion, sex or national origin. Despite the efforts of the federal and state government to outlaw these unfair practices, employment discrimination continues to persist in many workplaces. If you think you have been the victim of discrimination at work, you should contact an experienced attorney immediately. Our firm can work with you to determine if there are grounds for a Title VII claim, assess damages and determine just compensation, draft the necessary documents, and represent you in all trial proceedings.
Some common labor and employment law violations include:
If a worker is unsure whether their employer has committed a violation, they should consult a local attorney who specializes in employment and labor law.
There are several ways that a worker may be able to recover remedies under labor laws. They can simply speak to the offending party or file a complaint with their company's human resources department.
If this option fails, then they may file a complaint with the appropriate state agencies (discussed above) that handle labor law violations. Lastly, if reporting an employer to a state agency produces insufficient results, then they can take legal action by filing a lawsuit or requesting an alternative dispute resolution like arbitration.
Some remedies that are available to workers under labor laws include:
The idea of hiring a lawyer often brings to mind large sums of money that must be spent. One often imagines having to spend their life savings defending a lawsuit. Then individuals often wonder, “How much does an employment attorney cost?” or, “How much does a labor attorney cost?”
The good news is that this is not often the case. Attorney's fees are often very reasonable. In many cases, an attorney is willing to work with a client on their payments if they know the client cannot afford to pay at one time.
An employment lawyer helps to ensure that employees are treated fairly and that their employers do not violate any laws. Employment lawyers typically handle many legal issues related to employment, which may include:
With increased federal and state employment regulations, it is becoming more challenging to manage the workplace. To avoid potentially costly mistakes, small and large companies should seek legal counsel when considering personnel policy. Our employment law firm offers preventative counseling to employers assisting with the preparation and review of employment policies and manuals to ensure compliance with state and federal law. We can also assist in the creation of non-compete agreements, wage and hour determination and termination proceeds
As part of our employment preventative counseling, our experienced attorneys can design and lead training for your management on employment policy and provide you with required materials for your staff on anti-discrimination regulations.
If there are claims made against your company, we are experienced in employment litigation, and our attorneys can represent you in Equal Employment Opportunity Hearings and throughout Department of Labor investigations. In these instances, we will prepare the necessary documentation, contact the appropriate authorities and represent you at all hearings.
Call our office today at 212-994-7777 or complete the convenient online contact form to set up a consultation.
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