In an ideal world, every workplace would be safe, fair, and respectful. Unfortunately, that’s not always the case. Issues like discrimination, harassment, and unsafe conditions can impact not only your well-being but also your peace of mind and financial stability. Knowing your rights as an employee is crucial—and so is knowing how to act if those rights are violated.
If you’re facing unfair treatment or dangerous conditions at work, labor law lawyers in your area can be your allies in pursuing justice. Our network of experienced labor attorneys is part of a dedicated national network that offers free, confidential consultations. Reach out today to explore how you may be connected with a qualified lawyer who understands workers’ rights and can guide you on your legal options.
What is labor law?
Labor law, also known as employment law, is a comprehensive body of employment laws designed to govern the relationship between employers and employees. These laws are crucial in protecting the rights of employees and ensuring that employers adhere to both federal and state regulations when it comes to hiring, firing, and managing their workforce. Labor laws cover a wide array of topics, including minimum wage, overtime pay, collective bargaining, and workplace safety. The primary goal of these laws is to promote fairness and equality in the workplace. Labor law lawyers can play a crucial role in advocating for these rights as they represent employees facing workplace challenges.
Employees may encounter challenges such as wrongful termination, workplace harassment, discrimination based on protected characteristics (e.g., race, gender, age, disability), wage theft, retaliation for whistleblowing, violations of workplace safety under the Occupational Safety and Health Act (OSHA), and breaches of contract.
Labor law lawyers play a vital role in advocating for employees’ rights by providing legal counsel and representation in cases involving these and other employment-related disputes. They also assist in negotiating settlements, filing claims with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL), and, when necessary, pursuing litigation to secure justice for their clients.
What are your rights in the workplace?
Employees have several basic rights to ensure a safe and respectful work environment. Here’s what you should know about workplace rights and protections:
No discrimination
Federal law prohibits discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information. Employers must make decisions—like hiring, promotions, and compensation—based on qualifications and performance, not these protected characteristics according to the U.S. Equal Employment Opportunity Commission (EEOC).
Right to a safe work environment
Under the Occupational Safety and Health Act (OSHA), employers are required to provide a reasonably safe work environment. This means adhering to health and safety regulations to minimize hazards and prevent injuries. If you’re concerned about safety, you have the right to report violations or unsafe practices without fear of retaliation.
Fair wages and overtime pay under the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) ensures employees are paid at least the federal minimum wage and receive overtime pay for hours worked beyond the standard 40-hour workweek. Certain states may have additional wage requirements, so check your state’s labor department for specific protections. Additionally, there are specific regulations and protections for agricultural workers regarding overtime pay and minimum wage standards, which safeguard the rights of migrant and seasonal agricultural workers.
Protection from retaliation
Federal law also protects employees from retaliation. If you report illegal activities, discrimination, unsafe practices, or wage issues, your employer cannot legally retaliate. Additionally, legal requirements for meal periods stipulate that employees must be free from work and have the option to leave the employer’s premises. This means you’re protected if you file a complaint, participate in an investigation, or assert your rights in other ways.
Family and medical leave
Under the Family and Medical Leave Act (FMLA), you may be eligible to take up to 12 weeks of unpaid leave for family or medical reasons, such as caring for a new child or a serious health condition. Eligibility varies based on employer size and length of employment. Federal laws play a crucial role in defining and enforcing these rights, ensuring that employees are protected under a comprehensive legal framework.
National Labor Relations Act
The National Labor Relations Act (NLRA) is a cornerstone of federal labor law, safeguarding the rights of employees to form and join labor unions, engage in collective bargaining, and participate in strikes. This act is pivotal in ensuring that employees can organize and advocate for better working conditions without fear of retaliation. The National Labor Relations Board (NLRB) is the federal agency tasked with enforcing the NLRA, resolving disputes between employers and employees, and addressing unfair labor practices. By protecting the rights of workers to organize, the NLRA plays a vital role in promoting fair labor practices and empowering employees to have a voice in their workplace.
It’s important to note that while the NLRA provides significant protections, it does not cover all workers.
Employment discrimination: What is it and how to recognize it
Employment discrimination occurs when an employer treats an employee or applicant unfavorably because of protected characteristics. According to the EEOC, protected characteristics include:
- Race or color
- Religion
- Sex (including pregnancy, gender identity, and sexual orientation)
- National origin
- Age (40 years or older)
- Disability
- Genetic information
Discrimination can take various forms:
- Unfair Treatment: Making employment decisions (hiring, promotions, firing) based on protected traits rather than qualifications.
- Harassment: Creating a hostile environment through offensive conduct related to protected characteristics.
- Denial of Reasonable Accommodation: Failing to adjust the work environment to enable employees to practice religion or manage disabilities.
- Retaliation: Taking negative actions against someone for filing a complaint or participating in an investigation.
If you believe you’ve experienced discrimination, you have the right to file a complaint with the EEOC, which will investigate and address any violations.
Understanding your rights
It’s important to recognize that discrimination can occur at any stage of employment—from the application process to day-to-day job functions. The EEOC enforces laws that protect individuals from such discrimination, ensuring a fair and equitable workplace for everyone.
If you believe you’ve been subjected to employment discrimination, you have the right to file a complaint with the EEOC. The agency will investigate your claim and take appropriate action to address any violations of federal law.
Promoting a fair workplace
Both employers and employees share the responsibility of fostering an inclusive work environment. Awareness and education about employment discrimination are crucial steps toward eliminating unfair practices and promoting equality in the workplace.
Workplace injuries: What benefits can you be entitled to?
Workplace injuries generally qualify for benefits through workers’ compensation, which typically covers:
- Medical costs: Treatment and recovery expenses related to your injury.
- Wage replacement: Compensation for lost wages if you can’t work due to your injury.
- Rehabilitation services: Physical therapy or retraining, if necessary.
- Disability benefits: Long-term support if your injury leads to permanent disability.
For more detailed information, refer to your state’s workers’ compensation board or consult a labor law attorney who can guide you through the claims process.
Wage theft: Reporting labor law violations if you haven’t been paid correctly
When an employer fails to pay employees as required, it’s considered wage theft. Specific groups eligible for subminimum wages include individuals with disabilities, student employees, and maritime workers, who are compensated under particular conditions and regulatory frameworks around such employees. Common forms include:
- Unpaid wages: Not compensating for all hours worked, including overtime.
- Misclassification: Incorrectly labeling employees as independent contractors to avoid paying benefits or overtime.
- Illegal deductions: Deducting wages without authorization or legal basis.
If you believe your wages have been unfairly withheld, you can consult a labor law attorney or file a claim through the Department of Labor to recover your earnings.
What kind of cases do labor law lawyers handle?
Most employment law attorneys are skilled in labor rights—here to fight for fairness and protect workers’ rights. Let’s break down what they handle and what hiring one might cost:
1. Workplace injuries
If you’re injured on the job, a labor law attorney can help you navigate workers’ comp claims, seeking the support and coverage you need while recovering.
2. Discrimination and harassment
Facing discrimination or harassment? Employment lawyers can stand by your side, aiming to bring justice and push back against workplace injustice, whether it’s based on gender, race, age, or other factors.
3. Unpaid wages and overtime
Not getting the pay you’re owed? Wage & hour attorneys can help you reclaim unpaid wages or overtime through employment litigation, holding your employer accountable and ensuring they meet their financial obligations.
4. Wrongful termination
If you believe you were fired for unlawful reasons, like retaliation or discrimination, a labor law attorney can help you seek justice, fighting to either get your job back or secure compensation for the loss.
What does a labor and employment law attorney do?
Working with experienced employment law attorneys is a wise choice in most serious disputes — particularly employment disputes, which often involve complex evidentiary and procedural issues that require careful navigation. While the law does not require you to hire an employment law attorney for your case, it is strongly encouraged. In fact, courts frequently advise against representing yourself in legal proceedings.
Labor law lawyers are not just courtroom advocates; they manage a variety of tasks from start to finish, including but not limited to:
- Identifying, gathering, and preserving relevant evidence
- Communicating on behalf of the client with law enforcement, opposing counsel, witnesses, insurance adjusters, and others
- Working with experts and witnesses to develop testimony that supports your employment claims
- Building persuasive legal arguments on your behalf
- Navigating court hearings and procedures
- Negotiating settlement agreements, if possible
- Preparing for and pursuing trial litigation, if necessary
- Managing publicity-related issues that may arise
- Securing compensation payouts after they are awarded
Labor and employment attorneys can work on these tasks, providing comprehensive representation to address issues such as wrongful termination, unfair labor practices, and compliance with employment law at federal, state, and local levels.
For example, consider communications with an insurance company or — more relevantly — HR after an employment dispute arises. HR may appear interested in hearing your concerns about workplace issues, but their ultimate obligation is to protect the company’s interests. If you disclose sensitive information that undermines your employment claims, HR will likely share that information with your employer, who could use it against you in the legal dispute.
By contrast, an experienced labor attorney will handle communications with your employer, applying pressure to ensure your concerns are treated fairly and seriously while safeguarding against disclosures that could harm your case.
How much does it cost to hire an employment lawyer?
Many labor lawyers work on a contingency fee basis, meaning you don’t pay anything upfront—they get paid only if you win. This setup allows you to pursue justice without worrying about legal fees right away, as their fees will come from any compensation you might win.
Typically, contingency fees range from 25% to 40% of the total compensation awarded. A contingency fee arrangement offers several advantages for individuals seeking legal representation. One of the most significant benefits is that there are no upfront costs. This means you don’t have to worry about paying legal fees out of pocket to begin your case. Instead, the attorney’s fee is only paid if they win or settle the case, making it a more affordable option for many people.
Another advantage is the incentive this arrangement creates for lawyers. Since the attorney’s payment is directly tied to the case’s outcome, they typically are motivated to work diligently on behalf of their clients. This can provide peace of mind, knowing your attorney is fully invested in working to seek the best possible result for your case.
While many lawyers work on a contingency fee basis, clients may still be responsible for case costs, such as court filing fees or expert witness fees, even if the case is not successful. In some cases, you may be responsible for paying these costs regardless of the outcome, although this is less common in contingency fee arrangements.
Navigating the legal system can feel overwhelming, but having a labor law attorney on your side can help make sure your rights are protected every step of the way.
Contact Los Defensores for a free consultation
If you’re facing workplace issues that affect your health, finances, or dignity, don’t face them alone. The labor law attorneys in our network are available for a free, no-obligation consultation to help you understand your rights and explore your legal options. They have supported workers’ rights in the Latino community since 1984.
Ready to talk to an attorney? Fill out our form or call us today. Within minutes, we’ll connect you with a labor attorney ready to provide guidance. Los Defensores is here to support you 24/7, offering assistance in Spanish for Latino families across the country.