when do i need a labour lawyer

Some cases that require you to contact a labor lawyer include: Being harassed, retaliated, or discriminated against by your employer You were terminated or fired with no good reason, and there is evidence.

Full Answer

What does a lawyer do in an employment law case?

May 11, 2021 · A labor lawyer can also be referred to as an employment lawyer. However, individuals usually refer to a lawyer involved in cases regarding union disputes to be a labor lawyer. The National Labor Relations Board (NLRB) is an administrative agency that hears disputes between unions and employers. The NLRB determines which union represents a …

When should I contact a lawyer?

As an employer, you may want to consult with a labor lawyer if: You’re threatened with a lawsuit, usually on the basis of mistreatment, unlawful overtime, discrimination, hazardous work conditions, or wrongful termination. You want to fire an unsatisfactory union worker. There there is talk of a strike.

How do I find a good employment lawyer?

May 17, 2021 · Some cases that require you to contact a labor lawyer include: Being harassed, retaliated, or discriminated against by your employer. You were terminated or fired with no good reason, and there is evidence. You have been discriminated against because of …

Do I need an attorney to take legal action against my employer?

Mar 27, 2018 · If your business isn’t part of a unionized industry, it’s likely that you’ll need an employment lawyer. It’s advisable that you familiarize yourself with crucial employment and labor laws and issues such as: Minimum wage, overtime, and misclassification. Employment background checks. Discrimination and harassment.

Why is it important to have an employment lawyer?

Help Crafting Contracts and Benefits Packages For New Employees. It's always important to have another set of eyes when hiring any employees. A good attorney will help you put together the contracts and offers of employment that are legally sound. They'll also let you know what you can do from a benefits standpoint.Jul 22, 2019

Which is an example of a labor law?

Labor law can also refer to the set of standards for working conditions and wage laws. These laws, such as the Fair Labor Standards Act, prohibits child labor, and sets a minimum wage.

Should I tell HR I have a lawyer?

In most situations, it will NOT help an employee to drop the L-bomb, and tell your employer that you're retaining a lawyer. In many situations, the employee's mere mention of the L-word makes the employer even more upset, makes the employer take more adverse actions, and makes the situation worse.Jan 6, 2010

What does a Labour lawyer do in South Africa?

A significant portion of the advisory work undertaken by our labour lawyers and employment lawyers involves advising multinational clients on the appointment and termination of executives, the restructuring of local operations, and the management and resolution of employee-related disputes.

What are the 3 rights of an employee?

The Occupational Health and Safety Act entitles all employees to three fundamental rights:The right to know about health and safety matters.The right to participate in decisions that could affect their health and safety.The right to refuse work that could affect their health and safety and that of others.

What are labor requirements?

Labor requirements are often used to explain the frequency with which a particular household type appears in a society or section of society.

When should you go to HR?

are being withheld or have changed while you are under a contract agreement, it's best to take your concern to the HR department. They can help you understand your benefits more fully and help you make any claims if you determine that you aren't receiving the correct benefits.Oct 22, 2021

What does employment law do?

Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work.

When should I talk to my boss about HR?

If you're being sexually harassed or harassed on the basis of your race, sex, religion, disability, national origin, age (if you're 40 or over), or other protected class, or if you're being discriminated against on the basis of those things, you should go to HR (and maybe a lawyer).Oct 27, 2020

How much do Labour lawyers earn in South Africa?

R355,917 (ZAR)/yr The average employment law attorney gross salary in South Africa is R355,917 or an equivalent hourly rate of R171. In addition, they earn an average bonus of R11,994. Salary estimates based on salary survey data collected directly from employers and anonymous employees in South Africa.

How many types are there of labor law?

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work.

What should you do in case of unfair dismissal?

If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer's dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Industrial Tribunal.

What Do Labor Lawyers Do?

As a division of employment law, labor lawyers represent both employers and employees in disputes and negotiations. However, labor laws focus specifically on industries with labor unions (teachers, policemen, bus drivers, etc.) and their specialized rules and regulations.

How Do I Know If I Need a Labor Lawyer?

You’re threatened with a lawsuit, usually on the basis of mistreatment, unlawful overtime, discrimination, hazardous work conditions, or wrongful termination

How Much Does a Labor Lawyer Cost?

Often labor lawyers charge by the hour, but for some cases, such as lawsuits that look like they can win a lot of money, a lawyer will charge a contingency. On a contingency basis, you don’t pay anything up front, and your lawyer will take a percentage only if you win your case.

What Should I Expect When Working with a Labor Lawyer?

If your legal matter ends up in court and you’re the one suing, either you’ll be compensated by the other side, you’ll come to agree on a set of terms, or you’ll lose the case and end up back where you started. If you’re the one being sued, the options are about the same, but you’d be the one paying rather than having the opportunity to win money.

What is labor law?

Labor laws#N#In the strict legal sense, labor laws deal with a narrower area than employment laws. Labor laws involve dealing with issues like collective bargaining negotiation and union organizing in relation to union and management relationships as well as collective bargaining rights. There are a few federal and state laws that oversee labor laws – for example, the National Labor Relations Act (NLRA).

What is employment attorney?

An employment attorney’s service can be used as a preemptive measure to protect your business from litigation. Here are some ways that you could utilize the services of an employment attorney:

Should you fire an employee for theft?

Firing an employee should be done after careful consideration and after seeking legal advice. Even when it has been proven that your employee has taken part in gross misconduct, such as theft, you should still seek legal advice to ensure that you cover all your bases.

Is there a difference between labor laws and employment laws?

In strict legal terms, there can be a difference between labor laws and employment laws. Most people use these words interchangeably and there’s usually no problem. However, it’s important for employers who need the help of a lawyer to understand the difference because failing to know the distinction can leave them at a disadvantage.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

What is the purpose of labor laws?

The main purpose of labor laws is to protect the employment rights of workers. Labor laws also create processes and governmental departments that are instrumental in investigation employment-related disputes. In its early stages, labor law mostly addressed the regulation and banning of child labor especially in connection with certain industries.

What are the laws of fair labor?

Fair Labor Standards Act (FLSA): The Fair Labor Standards Act , or FLSA, provides guidelines for employers to create fair working conditions, especially with regards to hours worked and compensation for employees. For instance, the act covers subjects such as:#N#Minimum wage rates for employees;#N#Overtime definitions and overtime pay rates;#N#Child labor provisions;#N#Maintenance and record-keeping for hours, wages, and other items commonly recorded in connection with a business. 1 Minimum wage rates for employees; 2 Overtime definitions and overtime pay rates; 3 Child labor provisions; 4 Maintenance and record-keeping for hours, wages, and other items commonly recorded in connection with a business.

What is the purpose of the Labor Management Reporting and Disclosure Act of 1959?

Labor-Management Reporting and Disclosure Act of 1959 (LMRDA): This act was developed in order to create measures which stop improper coordination or collusion between employers and labor union officials. It also requires various disclosures and transparency with regard to financial transactions of unions.

What is discrimination law?

The law investigates claims where an employer has discriminated against an employee (or potential employee) on the basis of their race, sex, age, nationality, religion, and other factors.

What is the OSHA?

Occupational Safety and Health Administration (OSHA): This administration is responsible for providing guidelines for workplace safety conditions. It often performs regular inspections of workplaces, especially those that are considered to be in “high hazard” industries.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

Can leave of absence be denied?

Leave of absence can be unfairly denied in a number of ways, including: Firing a employee who took a leave of absence for the birth or adoption of their baby without just cause. Demoting an employee who took a leave of absence to care for a dying parent without just cause.

What Posters Are Mandatory?

If your business has more than one employee, you have to post OSHA, state and federal mandatory posters. Specifically, these six posters have to be seen in all workplace locations:

Where should Posters Be Placed?

It is important that the posters are placed in a location that they will be seen each day. This could be the main lobby or the break room. If you own several business locations, then you will need posters for each one.

When Are Posters Not Needed?

There are some instances when these posters are not legally required; however, they are still highly recommended, which include:

The Need for Multilingual Posters

If you have a business that is located in Arizona, California, Florida, Georgia, New Mexico, North Carolina, New York or Texas you will have to post both Spanish and English versions of the posters.

When Do Labor Law Posters Need Updating?

When any changes to labor laws are made by OSHA, the state or federal government, it is essential to update the labor law posters so that you can avoid receiving a violation. You can see if there are any updates regularly to avoid missing one.