What Can a Labor Lawyer Do For You?

What Can a Labor Lawyer Do For You?

Steven Schwartzapfel -Founding Partner Nov 29, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Labor law is complex whether you’re an employer or employee. When the time comes to create a union, sue your employer for unjust termination, or terminate an employee, you’ll need legal assistance for filing paperwork and more. That’s where a knowledgeable labor lawyer comes in.

The right labor lawyer can make a major difference in your lawsuit, collective bargaining, mediation, arbitration, or other legal processes.

If you’re not sure whether a labor lawyer is necessary, read on. We’ll break down what a labor lawyer can do for you as a business owner or employee. Alternatively, contact Schwartzapfel Lawyers now at 1-516-342-2200 for a free case evaluation, consultation, and more.

Labor Lawyers Explained

Labor lawyers are knowledgeable legal professionals who are trained in labor law. However, they are not the same as employment lawyers.

Labor lawyers specialize in the regulations, rules, and legal cases that concern labor unions and employment rights. Because of this, labor lawyers are often involved in the formation of and negotiation with labor unions, such as teacher unions, police unions, construction worker unions, and more.

These legal professionals can provide a wide range of duties depending on their clients’ needs. While any labor lawyer can be helpful during labor negotiations, it’s important to hire the right attorney with the right experience to maximize your chances of seeing a successful verdict or outcome.

Do Labor Lawyers Help Employees or Employers?

Labor lawyers can help both employees and employers. For example, they may represent a group of employees during union wage negotiations. If a group of workers wishes to negotiate for higher wages, they may employ a labor lawyer to help them draft paperwork, negotiate with their employers, and so on.

Alternatively, a labor lawyer can help an employer in cases such as terminating a poorly performing employee. Employees in unions have many protections that prevent them from being terminated without just cause.

If an employer wishes to avoid accusations of unjust termination, they’d be wise to hire a labor lawyer to cover their bases, make sure their paper trail is comprehensive, and perform other helpful services. Call Schwartzapfel Lawyers at 1-516-342-2200 for practical legal advice to protect your financial future today.

What Does a Labor Lawyer Do?

A labor lawyer may offer a wide range of services depending on your needs and their experiences. Here are just a few tasks that a labor lawyer can help with once you hire them.

Explains Rights to Employees and Employers

First, labor lawyers can fully explain the rights of both employees and employers at arbitration or mediation meetings. For instance, if a group of laborers is uncertain whether they have the right to unionize, they can consult a labor lawyer to discover the answer.

All non-governmental U.S. workers have the right to organize and unionize if they so choose. In cases like this, labor law employees are hired so they can provide sound legal counsel throughout the process, make sure the workers don’t trip over any government regulations, and interpret responses or paperwork given to the employees by their employers.

However, government employees such as firefighters and police officers are not allowed to strike even though they’re unionized since the loss of their services may result in emergency situations. Therefore, these groups of employees may wish to consult a labor lawyer to know how they can organize and negotiate for their collective benefit.

Employers may have questions about topics like:

  • Whether they can terminate an employee and, if so, what sort of evidence they need to have.
  • What they are legally obligated to pay their employees.
  • What they can do to counteract union efforts. Note: Employers are not required to sit by and allow employees to unionize, but they are also not legally allowed to take direct steps to stop them.

Because labor rights can be so confusing and technical, it’s a good idea to hire a labor lawyer if you have any questions whatsoever.

Assists With Union Formation

Thanks to the National Labor Relations Act (NLRA), all workers have the right to organize and form unions in their respective industries. This has historically happened many times, such as with teachers and construction workers.

Still, it can be difficult to know how to form a union, what workers need to have in order to qualify, and what they must do to collectively bargain with their employers. Labor lawyers can answer all of these questions and more, as well as:

  • Help employees find and fill out the right paperwork to officiate the union formation process.
  • Perform union officer duties, such as handling payroll, overseeing union votes, etc.

Forming a union is difficult even in the best circumstances. With the right labor lawyer on your side, it will be much more achievable and manageable. To learn more now at no charge, contact Schwartzapfel Lawyers online or at 1-516-342-2200!

Helps With Collective Bargaining

Forming a union is often just the start of collective bargaining. Even after a union is formed, employees may not know how to negotiate with their employers about matters such as wages, time off, benefits, and more.

Labor lawyers can represent unions, which is typically advantageous. Labor lawyers know the correct terminology to use in wage and benefit negotiations and will be less likely to accidentally sign something or say something that compromises bargaining efforts.

In this way, labor lawyers can operate as team captains, helping their clients achieve the absolute best results for their bargaining efforts.

Provides Termination Assistance

Employers can also make use of labor lawyers. For instance, they may need to terminate an employee who doesn’t show up to work or who does not respond to correction efforts.

While employers are allowed to terminate employees at will, they must prove that they had a reasonable cause to do so. Otherwise, they could leave themselves open to time-consuming and costly lawsuits.

Labor lawyers can assist with this by:

  • Gathering evidence for employers
  • Explaining what evidence an employer needs to have on hand, such as a paper trail or documentation proving that attempts were made to remedy a bad employee’s behavior
  • Presenting evidence in court or arbitration if necessary
  • And more!

With a labor lawyer like the ones at Schwartzapfel Lawyers fighting for you, you’ll find it much easier to maintain a maximally productive workforce and protect yourself from lawsuits or accusations of unjust behavior.

Dial 1-516-342-2200 now for a free consultation, or visit us online to schedule your case evaluation with one of our experienced labor lawyers today.

Negotiation Guidance

Employers and employees may try to settle grievances out of court through mediation or arbitration. In such cases, they may collaborate and each hire a labor lawyer (often through a union leader) to lead out-of-court negotiations.

Mediation and arbitration are faster and cheaper than lawsuits, taking them advantageous for most parties. 

However, they require compromise on both sides, and a knowledgeable labor lawyer can assist by:

  • Explaining the rights available to both parties
  • Helping both parties come to understand more about the other’s point of view
  • Drawing up lists of “must-haves” or “non-negotiables” to streamline the negotiation process

Provides Regulatory Compliance Guidance

Employers may further make use of labor lawyers by asking for guidance regarding regulatory compliance. Employers have to adhere to many different regulations and laws, particularly concerning the treatment and benefits of employees.

It is easier than you think to accidentally breach these regulations, especially when it comes to employee rights, environmental concerns, and more.

Labor lawyers know all of these regulatory laws in-depth. Thus, they can provide advice and help you run your business with a minimum of regulatory breaches. If you do accidentally breach a regulation or law, a labor lawyer can defend you in court and minimize the fees or penalties you may have to pay. 

Provides Complaint Filing Assistance

Employees may need to hire a labor lawyer if they wish to file a complaint against their employer. For example, if they have been subject to sexual harassment, they can file a complaint or a lawsuit with the assistance of a knowledgeable labor lawyer.

The right labor lawyer can assist by gathering evidence for the employee, explaining their rights, and negotiating for their client in meetings with the employer/organization. Here and elsewhere, Schwartzapfel Lawyers can help you recover all that you are entitled to under the law.

But you shouldn’t wait, as your window to file a claim may soon close forever. Instead, act now and save yourself miles of headache, heartache, and financial strain down the road. Contact our award-winning team online or at 1-516-342-2200 for a free consultation and so much more!

Files and Pursues Lawsuits

Labor lawyers can also prove tremendously useful in the filing and pursuing of many different kinds of lawsuits, provided those suits are related to labor regulations. For instance, an employee may sue an employer for impractical work hour requirements, or they may sue their employer for hazardous working conditions.

On the other hand, an employer may hire a labor lawyer if they wish to file a lawsuit against an employee who stole company property or who deliberately damaged company property when they found out they were being terminated. Lawsuits are almost always complex and rarely are they open and shut, despite what the evidence may initially suggest.

A good labor lawyer can make all the difference in maximizing your chances of seeing damages through a successful verdict.

Helps With Workers’ Compensation Claim Assistance

In New York State, all companies are required to carry workers’ compensation insurance, which is intended to cover the medical bills and other accident-related damages of any employee who is injured on the job or while in the performance of job-related duties. Some employers and insurance companies, however, do not pay injured employees what they are entitled to. This may be because they don’t believe the injured employee, or because they are trying to save money, or for some other reason entirely.

In any event, a qualified labor lawyer can explain the employee’s rights and clarify whether they may be eligible for workers’ compensation. Note: Some labor lawyers also practice in workers’ compensation lawsuits. In such cases, they can provide representation whether the injured employee wishes to sue the employer or the responsible insurance company.

Here, if you wish to receive your benefits ASAP, filing a workers’ compensation claim promptly is critical. It’s also important to file your claim properly and without errors in the paperwork, as the slightest misstep may result in valuable time being lost on amendment and resubmission processes. Consequently, this can have a detrimental effect on the overall outcome of your claim.

Contact Schwartzapfel Lawyers. Today

In the end, the right labor lawyer can make a major difference during any labor negotiation, union formation, lawsuit, and beyond. These legal professionals are equally invaluable whether you’re an employer seeking legal protections, or if you’re an employee looking to improve worker rights in the fight against unjust terminations, unsafe working conditions, or something else.

As New York City locals, Schwartzapfel Lawyers has helped countless New Yorkers just like you in every aspect of labor law, including workers’ compensation claims. To learn more about how we can assist with your upcoming legal needs, contact us today at 1-516-342-2200 for a free case evaluation. It will be our honor and privilege to provide you with exemplary legal service, and to fight for you every step of the way.

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You

Employment Law | Nolo

What Does an Employment Lawyer Do? | HG.org

National Labor Relations Act | NLRB.gov

Workers’ Compensation Coverage Requirements | NY.gov

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