Labor Law and Employment Litigation

Labor Law & Employment Litigation covers legal disputes in the workplace, from individual claims (discrimination, wrongful firing, wage issues) to class actions, involving federal/state laws (Title VII, ADA, FMLA, FLSA) and traditional labor (unions, bargaining). Lawyers handle these by advising employers on prevention, conducting audits, training, and representing clients in courts, agencies (EEOC, NLRB), and arbitration for issues like harassment, retaliation, trade secrets, and contract breaches, aiming to resolve conflicts before they escalate.

Key Areas of Employment Litigation

Discrimination & Harassment: Claims based on race, gender, age, disability, religion, etc. (Title VII, ADEA, ADA).
Wage & Hour Violations: Unpaid overtime, minimum wage issues (FLSA, state laws).
Retaliation & Whistleblower: Adverse actions against employees reporting illegal conduct or safety issues.
Wrongful Termination: Firing for illegal reasons, breach of contract, or public policy violations.
Leave & Accommodation: ADA (disability) and FMLA (family/medical leave) issues, including failure to accommodate.
Employee Mobility: Non-competes, trade secrets, and unfair competition disputes.
ERISA Claims: Employee benefits and fiduciary duty issues.

Traditional Labor Law vs. Employment Law

Employment Law: Governs individual employer-employee relationships (hiring, firing, discrimination).
Labor Law: Focuses on union activities, collective bargaining, and worker organizing.

How Lawyers Help

Preventative Counseling: Audits, policy drafting, training to avoid lawsuits.
Dispute Resolution: Mediation, arbitration, and litigation in courts (state/federal) and agencies.
Representation: Defending employers or representing employees in complex cases.

Why It Matters

High stakes: Significant financial penalties, reputational damage, and legal complexity.
Constant Changes: Evolving laws (like the recent PWFA) require ongoing compliance.