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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Moreno v. Bassi (CA5 F078400 6/8/21) Mixed Minimum Wage-FEHA Claims/Attorney Fees and Costs

| Compensatory Damages, Employment Law, Fair Employment and Housing Act (FEHA), Labor Code, Labor Law | No Comments
A jury awarded plaintiff Marina Moreno $16 in unpaid minimum wages and $16 in liquidated damages and found against her on causes of action alleging she had been raped by…

Salazar v. See’s Candy Shops, Incorporated (CA2/2 B300778, filed 4/26/21, pub. ord. 5/10/21) Wage and Hour Class Certification 

| Class Actions, Employment Law, Wages & Overtime Law | No Comments
Debbie Salazar appeals from an order denying her motion to certify a class of employees of respondents See’s Candies, Inc., and See’s Candy Shops, Incorporated (collectively, See’s).  Salazar alleges that…

HJTA v. Cal. Secure Choice (9th Cir. 20-15591 5/6/21) No ERISA Preemption of CalSavers 

| Employee Retirement Income Security Act, Employment Law, Federal Preemption | No Comments
Affirming the district court’s dismissal, the panel held that ERISA does not preempt a California law that creates CalSavers, a state-managed individual retirement account program for eligible employees of certain…