The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions. Labor laws grant employees the right to unionize and allows employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to have their demands fulfilled.
The area of labor law is governed by both federal law, state law and judicial decisions. It is also governed by regulations and decisions of administrative agencies. States are preempted from interfering with federal statutory law or with the guidelines promulgated by agencies established under federal law or by the U.S. Constitution.
The attorney general of the United States has, in its Department of Justice, the Office of the Ombudsperson. A problem in the workplace can be discussed in confidentiality with the staff of this branch of government. Attorney general offices in each state have persons with whom people having problems in the work place can speak as well.
Labor employment attorneys may advise clients in ways that promote healthy working environments and settle disputes without litigious means. However, if disputes are serious and without reasonable accommodation to either party, labor employment and labor relations attorneys will litigate on behalf of their client.
How labor employment lawyers assist employers is by advising them on preparing handbooks containing workplace policies, policies by which to develop drug and alcohol testing, fair wages, regulations on layoffs, health and safety regulations, confidentiality of trade secrets and rights of disabled employees among many other requirements for running a safe and employee friendly work place.
Labor law attorneys litigate on behalf of their clients if need be. Some reasons for an employment and labor relations attorney to go to court are discrimination of any type, harassment in the workplace, benefits, wrongfully discharged from employment, hourly wage and many more.
