Labor Union Resources and Labor Law Employment Laws
Research US federal and state labor laws and employment laws, and worker, workplace and employee rights. Labor laws typically deal with employer-union relationships. Employment laws typically deal with employer-employee relationships. But the terms are often used interchangeably. Both employment law and labor law topics are included in the links below. Labor Union Resources Old Website
Everyone views the job of a lawyer as something really awesome and cool. Blame on TV shows like Boston Legal, but the job of a lawyer has gained quite a lot of publicity and fame. Which brings us to the main topic that apart from saying, "objection, your honor" in a very saucy way, what is the job description of a lawyer? Read on for the duties of a corporate and a criminal lawyer and the lawyer job description.
Job Description of a Lawyer
Lawyers come in two broad categories: the criminal lawyers and the corporate lawyers. Corporate lawyers are those who specialize Corporation Laws. Criminal Lawyers, on the other hand are those lawyers that plead on behalf of a criminal in the court of law. Let us look at each of the lawyer job description.
Corporate Lawyer Job Description
A corporate lawyer is the one who specializes in the law, which deals with the operations of businesses in any country. The corporate lawyer has to make sure that all the transactions and deals made by the client company are within the framework of the law. A corporate lawyer may work as an individual entity or for a law firm. A corporate lawyer may also be a direct employee of the company. The job of a corporate lawyer is mostly advisory. If the company wants to take any decision, they usually refer to the corporate lawyer to examine the legality of their decision. The corporate lawyer also has to lay down the procedure which the company has to follow while implementing the decision. The corporate lawyer also has to draw up all the paperwork of the company. A corporate lawyer also has to go to the court, if any cases are filed against a client company, to prove the legality of the decisions which they have taken. A corporate lawyer also has to be conversant with various other laws in the country, namely, tax laws, contract laws, bankruptcy laws, laws relating to intellectual property, securities laws and zoning laws. While these are the basic laws which corporate lawyers are expected to know about the other laws, which they should have by the employing company.
Criminal Lawyer Job Description
A criminal defense lawyer is the one who is employed by a person who has been accused of committing some crime. A criminal lawyer also files a case against a person who has committed a crime. The job of a criminal lawyer is not only restricted to the knowledge of the laws. A criminal lawyer is also expected to go beyond what's written in the book and do a bit of investigation as well. The job of a criminal lawyer is most often in the courtroom where he has to represent his client. He is not only one who possesses the knowledge of laws, but a corporate lawyer is also the representative of the client. A criminal lawyer appointed by the plaintiff has to study the facts and make a case for the plaintiff. He has to arrange the witnesses for the case which will back up the claims of the plaintiff as proof. The criminal lawyer for the defendant has to find a way to refute the claims of the plaintiff in the court of law and if his client is totally checkmated, plead guilty and hope for a reduction in the punishment meted out to his client.
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labor law: an overview
The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions. Labor laws grant employees the right to unionize and allows employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions,lockouts) so as to have their demands fulfilled.
The area of labor law is governed by both federal law, state law and judicial decisions. It is also governed by regulations and decisions of administrative agencies. States are preempted from interfering with federal statutory law or with the guidelines promulgated by agencies established under federal law or by the U.S. Constitution. See U.S. Constitution , Art. VI.
In 1935, the National Labor Relations Act (NLRA) was enacted by Congress, under its power to regulate interstate commerce, to govern the employer/employee bargaining and union relationship on a national level. The NLRA was amended by the Labor Management Relations (Taft-Hartley) Act in 1947 and the Labor Management Reporting and Disclosure (Landrum-Griffen) Act in 1959. Most employers and employees involved in businesses that affect interstate commerce are regulated by the act. The NLRA established the National Labor Relations Board (NLRB) to hear disputes between employers and employees arising under the act and to determine which labor organization will represent a unit of employees. The act also establishes a General Council to independently investigate and prosecute cases against violators of the act before the NLRB. The rights of employees to join labor organizations and collectively bargain is also ensured. The NLRA prohibits employers and unions from engaging in specified "unfair labor practices" and establishes an obligation of both parties to engage in good faith collective bargaining. The act also establishes guidelines and regulations to determine what union will represent a given set of employees. The right to strike is guaranteed by the NLRA. If there is a conflict between the NLRA and the Bankruptcy Code, the NLRA generally prevails.
Employers and employees not subject to the NLRA may have their relationships governed by other federal or state statutes. The Railway Labor Act governs labor relations in the railway and airline industries. The employees and agencies in the federal public sector are subject to the Federal Service Labor-Management Relations Act (FSLMRA), which is administered by the Federal Labor Relations Authority.
The Norris-LaGuardia Act was passed in 1932. Its main effect was to limit the power of federal courts to issue injunctions prohibiting unions from engaging in strikes and other coercive activities.
States extensively regulate the employer/employee bargaining relationship. They may regulate employers and employees not covered by the NLRA.
