Issues and Concerns of a Labor Law Attorney

A labor law attorney deals mainly with issues involving employer-employee relationship. Generally, this concerns matters about the employer and the union, especially negotiations and the collective bargaining agreement.

Because labor laws are designed to keep the balance of bargaining power between employer and workers, a labor law attorney must enjoin both parties to observe and respect the law. Among his tasks, the attorney must see to it that both parties honor their commitment to the collective bargaining agreements.

As most disputes often arise from violations of the labor code, the law has allowed workers to address the issue by giving them the right to form unions and allow employers and employees to engage in certain activities such as strikes, picketing, seeking injunctions and lockouts to get their demands fulfilled.

Other than this matter, this expert attorney may also help workers in issues concerning unpaid wages and hour claims, misclassification, and unfair labor practices.

Several factors may be considered during negotiations for collective bargaining agreement (CBA) between workers and management. The area of labor law, which concerns the CBA are often governed by federal and state laws and judicial decisions.

Here are some laws, which often provide workers and employers guidelines during CBA negotiations:

• National Labor Relations Act (NLRA) – This law established the National Labor Relations Board (NLRB). It prohibits employers and unions from engaging in specified unfair labor practices. It also establishes an obligation of both parties to engage in good faith collective bargaining. The act also provides guidelines and regulations to determine what union will represent a given set of employees. The right to strike is guaranteed by the NLRA. If there is a conflict between the NLRA and the Bankruptcy Code, the NLRA generally prevails.


• The Railway Labor Act – This law governs labor relations in the railway and airline industries. The employees and agencies in the federal public sector are subject to the Federal Service Labor-Management Relations Act (FSLMRA), which is administered by the Federal Labor Relations Authority.


• The Norris-LaGuardia Act - Its main effect was to limit the power of federal courts to issue injunctions prohibiting unions from engaging in strikes and other coercive activities.

Depending on the issue, other federal laws may also apply to workers’ concerns. These may include the following:

• Civil Rights Act of 1964


• Americans with Disabilities Act – This applies to all private employers, state and local governments, and educational institutions with 15 or more employees. This law governs labor management committees controlling apprenticeship and training


• Equal Pay Act applies to all employers who are subject to the federal Fair Labor and Standards Act (FLSA). In general, the FLSA applies to almost all employers.

State laws may also regulate the employer/employee bargaining relationship. California law, for example, has one of the most rigid labor codes in the country. It imposes severe penalty for violators of its labor provisions especially in matters related to wages, overtime pay, worker’s leave and benefits, among others.

Therefore if you happen to have issues at the workplace that you need to address, consulting with a labor law attorney can definitely help you.