Labor Law vs. Employment Law

Although the two terms are often used interchangeably, labor laws and employment laws are actually quite different. The main difference is that labor laws deal with groups of people, while employment law deals with the rights of individuals.

Labor laws are those which regulate unions and collective action on the part of workers to bring about change in working conditions and pay. Labor laws exist to protect groups of employees and labor unions, as well as employers.

Labor laws were first formed when employers opposed recognition of employees’ rights to organize and bargain collectively with management. Change was sparked with the National Labor Relations Act of 1935, and Congress has created provisions to the law since it was originally enacted. The NLRA is currently the most important and widely accepted law in the United States. The law addresses three different scenarios:

1. A union attempts to organize the employees of an employer and get the employer to recognize it as the employees’ bargaining representative

2. A union seeks to negotiate a collective bargaining agreement with an employer

3. A union and employer disagree on the interpretation and application of an existing contract between the two

When it comes to “right to work,” states split about evenly. About half of the states in the U.S. are “right to work” states, meaning that employees may decide for themselves whether or not to join or financially support a union. Legal cases regarding labor law usually tackle one of the following issues: claims of union avoidance campaigns, claims of illegal union picketing and boycott activities, negotiating or enforcing collective bargaining agreements, and wage and hour laws. The United States Department of Labor exists to “foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.”

While labor law deals with the relationship between an organized group of people and their management, employment law is related to the relationship between the employer and the individual employee. This body of law governs individual employment contracts, and issues that an employee or employer may have with the specifics in the employment contract. Issues related to employment law usually take the form of discrimination, harassment, employee privacy rights, wage and hours, overtime, breaks and whistleblower rights. Many common law rulings, statutes, administrative rules and legislation make up employment law. The United States Equal Employment Opportunity Commission (EEOC) exists to enforce federal laws that prohibit employment discrimination.

There are many complex laws and regulations that exist to protect the rights of employees, labor unions and employers. If you feel that your rights have been violated it is important that you seek the counsel of a employment attorney who specializes in these areas of law.