Choose Experienced Labor Law Lawyers and Get Results
An experienced labor law attorney for an employee can be beneficial if you need help in any of the following areas:
- Arbitration hearings
- Federal Fair Labor Standards Act
- Grievance processing
- Labor relations management and grievance handling
- National Labor Relations Board issues
- Private- and public-sector collective bargaining agreements
- Resolution of union issues
- Severance pay issues
- Termination cases
- Unfair labor practices
- Union contracts, arbitration, litigation, and audits
If you’ve run into one of these types of employment issues, the skilled lawyers at Parker Waichman LLP can help. We’ve handled numerous labor law cases, and we can get results for you, too. Contact us today for a free consultation to see what we can do for you.
What Is Labor Law?
Labor law covers the relationships between workers and their employers, as well as businesses and unions, such as contracts and collective bargaining agreements. New York labor law includes provisions to ensure fair treatment of workers as well as to ensure their safety. When these rules are not followed and an injury results, you may be able to recover damages in court.
What Is a Union?
Unions are organized groups of workers who participate in collective bargaining with their employers. A union contract is a legally binding document in which these agreements are put in writing.
What Is Collective Bargaining?
Collective bargaining is a type of negotiation that takes place between employers and a group of employees for the purpose of regulating worker salaries, working conditions, benefits, and other areas of workers’ compensation and rights. The interests of the employees are commonly represented by the union to which the employees belong.
The collective agreements reached by these negotiations typically set out wage scales, working hours, training requirements, health and safety protections, overtime rules, grievance procedures, and rights to participate in workplace or company affairs.
The Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA) was put in place in 1938 to protect workers who receive pay for overtime or other rightfully earned wages. Under this law, most employees have the right to be paid for all hours “suffered or permitted to work.”
The law mandates that employees, even those who receive their pay in tips, are to be paid at least a minimum wage. Many companies look for ways to avoid these requirements, which is a violation of the FLSA. Individuals whose employers neglect to pay them minimum wage, overtime or for all hours worked may be able to take action under the FLSA. The labor law lawyers at Parker Waichman have plenty of experience with these types of cases and can offer free case evaluations to any employee who has been denied their fair pay.
The FLSA also sets the maximum standard work week at 44 hours. In 1950, this maximum was reduced to 40 hours for most workers, though some types of work are allowed exceptions because they require more than 40 hours of work per week. For example, farm workers may work for more than 70 hours a week as long as this is followed by a 24-hour break. Professional, clerical, technical, and mechanical employees may not be terminated for refusing to work more than 72 hours in a work week.
If you need labor law lawyers near you to assist you with an FLSA lawsuit or other type of employment claim, our nationwide law firm can help. When you reach out to us to find a labor law attorney, a free consultation can outline your legal rights and show you the path you should take with your claim.
Harassment in the Workplace
According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer is automatically liable when a supervisor engages in harassment that results in a negative action against an employee, such as the loss of a promotion, loss of wages or termination. Employers are also liable for harassment by non-supervisory employees or non-employees over whom they have control, such as independent contractors or customers on the premises, if the employer knew or should have known about the harassment and did not take appropriate action to stop it. Our attorneys are also well-equipped to handle harassment claims on your behalf.
Labor Laws in the Construction Industry
The courts typically allow workers in the construction industry to hold the property owner or general contractor responsible for failing to ensure their safety. In New York, two statutes that construction workers can use to seek compensation for on-the-job injuries are Labor Law sections 240 and 241.
Labor Law 240: Scaffold Law
This statute protects workers against height-related accidents, including falls and objects falling on workers. The law essentially states that construction companies, contractors, and property owners are responsible for ensuring that workers whose jobs are performed at heights are safe. This means that they must provide safety measures including:
- Netting to protect workers if they do fall
- Safety harnesses for workers
- Safety rails at heights
Should these precautions not be followed and a worker is injured as a result of this negligence, then the construction company, property owner, or contractor must be held accountable for the injured worker’s accident-related medical treatment and other damages.
Labor Law 241: Safe Place to Work Law
This law is designed to protect workers from being injured due to:
- Air contamination problems
- Chemical hazards
- Tripping accidents
- Water-related accidents
Regulations for construction sites govern how they must be constructed, equipped, protected, arranged, and operated. Under this statute, liability may be assumed if a worker is injured under certain circumstances, leaving the amount of damages as the only issue to be resolved at trial.
Find a Skilled Labor Law Attorney for Employee Claims
If you believe your employer violated a labor law, you have valuable legal rights and deserve to speak to well-informed lawyers. Labor and employment law can be tricky, but an experienced attorney can review the details of your case, evaluate your legal options, and help you get the compensation you deserve.
If you are searching for an employee labor law attorney near you, the answer is just a call or click away. Get in touch with the experienced lawyers at Parker Waichman today through our online contact form or by calling 1-800-YOUR-LAWYER (1-800-968-7529) to get a free consultation and stand up for your legal rights.
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