Do You Know The Difference Between Employment Law & Labor Law?

Expertise In Both Can Be Critical To Success In Your Legal Case

Labor Law

Labor law refers to the legal relationship between employers, employees, and trade, labor, or professional organizations, associations or unions. Labor law includes the laws and methods of:

  • Collective bargaining for wages, hours, and other terms and conditions of the workers’ employment;
  • Enforcing the collective bargaining agreement through administrative grievances, arbitration, and in California and federal courts;
  • Seeking redress for illegal conduct by the employer or the union through prosecution or defense of unfair labor practice charges before the National Labor Relations Board or the Public Employment Relations Board;
  • Organizing and holding representation, decertification, severance, and other elections relating to union status and governance; and
  • Representation and defense of individual union members who are under investigation or facing adverse employment actions.
  • Defense of employees before civil service commissions, personnel boards, boards, councils, arbitrators, and administrative law judges.

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Employment Law

Employment law refers to the wide array of California and federal laws governing the rights and obligations of employers and employees in the workplace, regardless of whether the employees are organized into a union. Employment laws include:

  • Wage, pay, overtime, and working hours provisions;
  • Paid and unpaid leave provisions;
  • Disability anti-discrimination and accommodations laws;
  • Pension protection laws;
  • Sex, race, religious, political, and other anti-harassment laws;
  • Laws against workplace violence;
  • Laws prohibiting illegal firings for reasons against public policy;
  • Unemployment compensation;
  • Non-disclosure, anti-solicitation, and non-compete agreements;
  • Employment agreements;
  • Severance pay;
  • Layoffs, reorganizations, and reductions in force;
  • Independent contractor agreements;
  • Trade secrets contracts;
  • Privacy, autonomy, liberty interests of employees and employers; and
  • Many other laws and administrative regulations.

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Seal of the State of California

Governor Vetoes Bill To Provide Binding Arbitration to State Supervisors

| Arbitration, Employment Law, Labor Law, Legislation, State Employment | No Comments
The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That…
Amazon Driver and Van

Rittmann v. Amazon.com (9th Cir. 19-35381 8/19/20) Arbitration/FAA Exemption

| Arbitration, Class Actions, Employment Law, Wages & Overtime Law | No Comments
The panel affirmed the district court’s order denying the motion of Amazon.com, Inc., and Amazon Logistics, Inc., to compel arbitration of federal and state wage and hour claims brought by…
Department of Fair Employment and Housing

Dept. of Fair Employment and Housing v. Super. Ct. (CA5 F078245 9/9/20) DFEH/Unruh Act/Entry of Judgment [applicable to employment cases]

| Discrimination, Employment Law, Writ of Mandate (Mandamus) | No Comments
This writ presents a question whether the trial court improperly construed the effect of an entry of judgment in an action filed by the Department of Fair Employment and Housing…