Employment and Labor Law Attorneys for New York and Connecticut
At the outset, it is important to draw a distinction between “employment law” and “labor law.” At the risk of oversimplification, the experienced attorneys at MayaLaw offer knowledge to our clients that employment law deals with the direct relationship between an employer and an employee. Labor law deals with the indirect relationship between an employer and employee through the intermediary of a labor union. Our attorneys offer legal assistance in the following in New York City and Connecticut employment and labor law matters:
- Employee Discipline
- Offer Letters and Separation Agreements
- Restrictive Covenants
- Statutory Scheme
- Labor Law
In the non-union context, an employee interacts directly with an employer regarding an increase in salary, better health insurance, more overtime, etc. The process is relatively unstructured. In the union setting, the union is the employee’s exclusive representative concerning wages, hours, benefits, or other terms and conditions of employment. The respective rights and obligations are set forth in a contract between the employer and union called a Collective Bargaining Agreement (CBA). The CBA attempts to define the relationship between the employer and the employees in a particular “bargaining unit” (an employer may have one or more such units) and upstream employee demands and downstream employer requirements must be communicated to and through the union.
There are numerous statutes governing the employer-employer relationship, most notably those that prohibit discrimination in the workplace. Those apply irrespective of whether or not an employee is represented by a union. In the union shop, however, there is an additional statutory scheme prescribing the interactions among employer, employee, and union. Such things as employee discipline, for example, ordinarily a management prerogative, will be covered in exquisite detail in a CBA, typically in the form of a multi-tiered grievance procedure.
Thus, the first level of inquiry is whether or not a union is on the scene. If it is, one particularized and overarching set of laws will additionally apply. If there is no union in place, then the employer and employee need only be concerned with the panoply of “other” statutes and case law that govern workplace behavior—no easy task.
Contact an Experienced Employment Law Attorney
The dedicated attorneys at MayaLaw can assist you with your employment law needs in New York and Connecticut. Contact us today at 212-682-5700 (New York City) or 203-221-3100 (Westport, CT) for your initial case evaluation.