Is Employment Law the Same as Labor Law?
All employment law does not fall under the same category. There’s labor and/or employment law in both the federal level and the state level. Here at Kraemer, Manes & Associates, our attorneys are experienced in all areas of employment law, and are ready to help our clients address and overcome serious legal issues in the workplace.
Is Employment Law the Same as Labor Law?
The National Labor Relations Act
Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers while allowing them to join together to improve terms and conditions of employment without a union. The NLRA investigates unfair labor practices and holds elections to determine union representation for private sector employees. Furthermore, the NLRA also investigates the Department of Labor, which primarily focuses on improving working conditions and assuring the rights of employees. Attorneys work within the National Labor Relations Board (NLRB) when dealing with a case at the federal level.
Enforcing Federal Laws
KM&A attorneys handle a lot of cases with the Equal Employment Opportunity Commission (EEOC). The EEOC focuses on the enforcement of workers’ rights to be free from discrimination on the basis of gender, religion, ethnicity, sexual orientation, and age. Also, a number of federal laws make discriminating against a protected class illegal.
The EEOC enforces the federal laws that make illegal it to discriminate against protected classes and conducts an investigation based on the facts of the case. It is also illegal to discriminate or terminate an employee for filing a discrimination charge with the EEOC. Such retaliation is subject to investigation or a lawsuit. These EEOC charges can apply to situations including refusing to hire, termination, promotions, harassment, and wages.
The Department of Labor
The U.S. Department of Labor is responsible for administering and enforcing some of the nation’s most important worker protection laws. When employees are dealing with issues at their employment with paychecks, wages, or falsifying hours, KM&A attorneys will help you file an appeal with the Department of Labor.
What Happens Next
If you are covered by the law, the EEOC has the right to investigate these discriminatory charges. If the EEOC determines that discrimination of any kind has occurred, they have the authority to file a lawsuit. The EEOC must consider the strength of the evidence, the issues in the case, and what effect the lawsuit could potentially have when deciding to file a lawsuit.
How KM&A Can Help
When you are a client of KM&A, we fight for your employee rights. Our experienced attorneys have a history of successfully handling hundreds of DOL and EEOC cases. KM&A challenges employers who discriminate and retaliate against workers who know their rights and choose to seek legal help. Proving discrimination and wrongful termination is a delicate task. The lawyers at KM&A are familiar with the intricacies of the law, the statutes of limitation, the physical and emotional effects of litigation on our clients, the interaction of various laws, and the rules of procedure.
Chat with an employment and labor attorney: (412) 626-5626 or lawyer@lawkm.com.
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