Understanding the difference between a labor lawyer and an employment lawyer is essential for anyone facing workplace issues in New Jersey. While both handle disputes involving workers and employers, their focus areas differ — labor lawyers represent unions and collective bargaining matters, whereas employment lawyers assist individual employees or businesses with wrongful termination, discrimination, wage, and contract claims. At Steinberg Law LLC, our experienced attorneys handle both labor and employment law cases, helping workers, unions, and employers protect their rights under state and federal laws. This FAQ explains the key distinctions between these two legal fields and helps you determine which type of attorney is best for your specific workplace situation.
Should I Hire a Labor Lawyer or an Employment Lawyer?
Labor lawyer or employment lawyer? Is there a difference? The answer depends on who you ask. Ask the man or woman on the street and they may tell you there’s no difference. “Labor and employment lawyer” is a common term, and in casual discussion it does no harm.
Ask a lawyer, however, and you’ll learn that there is a difference, and it’s important. Labor lawyers — sometimes called “traditional” labor lawyers — generally deal with relations between management and labor unions, the rights of employees who are unionized or want to be, and collective bargaining agreements. Because unions enter into collective bargaining agreements with management on behalf of their members, which are essentially mass employment contracts with unique characteristics, both the employer and the union need legal counsel who are familiar with “traditional” labor law.
An employment lawyer, on the other hand, is a lawyer who deals with the much broader relationship between non-union employers and employees. Their field encompasses such things as employment contracts, non-competition and confidentiality agreements, the at-will employment relationship, civil rights, wage and hour statutes and regulations, whistleblowing, leave laws, and various kinds of anti-discrimination statutes.
The difference between labor and employment law is important because, if you need someone with the narrow expertise of a labor lawyer, hiring an employment lawyer could land your attorney in a situation where he is learning on the fly. That’s not a good place to be. Conversely, asking a labor lawyer to deal with wage and hour laws could have the same effect.
Further complicating the situation is that some lawyers are well qualified in both labor and employment law.
In short, if you’re looking for a lawyer when there’s a union involved, your first online search should be for a labor lawyer. For everyone else, start your search with employment lawyers.
At Steinberg Law we’re here to educate you about employment law. Please contact us with your questions.
What type of lawyer should a unionized employee speak to if their employer is negotiating a collective bargaining agreement?
Answer outline: Explain that when a union is negotiating on behalf of employees, a labor lawyer — who specializes in union-employer relationships, collective bargaining, grievances, and labor management — is appropriate. Compare this with employment lawyers who typically handle individual employment matters outside of a union context.
Can one lawyer handle both labor law (union issues) and employment law (individual employee rights), or should I hire two different specialists?
Answer outline: Note that some attorneys (like those at your firm) are qualified in both fields; however, it’s important to confirm experience specific to the need (union matters vs. individual employment claims). If a case involves both types of issues (e.g., a unionized employee who also faces a discrimination claim), you want a lawyer with dual expertise.
What distinguishes government-union work (public sector) from private sector employment law, and which lawyer do I need?
Answer outline: Explain that public sector work often involves different statutes (e.g., public employee collective bargaining laws) and the union/management dynamics may differ from private sector. If you’re in a public-sector job union environment, a labor lawyer with public-sector experience is ideal; for a private company (non-union) set-up, an employment lawyer is usually sufficient.
If I’m an individual non-union employee and I believe I was wrongfully terminated or discriminated against, do I need a labor lawyer or an employment lawyer?
Answer outline: Because this scenario involves an individual employee (non-union) and likely involves employment contracts, at-will termination issues, discrimination or wage/hour claims, you would typically consult an employment lawyer. The labor lawyer focus is more on collective bargaining and union dealings.
How do unions, collective bargaining agreements or labor-management disputes affect the cost and timeline of legal representation?
Answer outline: Clarify that union/labor matters often involve more complex procedures (grievances, arbitration under CBA, NLRB or state labor boards), thus may involve longer timelines and different cost structures than typical employment law matters. Employment law claims (non-union) may be more straightforward but still complex (e.g., discrimination, wage & hour). Emphasize importance of clear engagement terms.
Are wage-and-hour claims, confidentiality agreements and at-will employment issues the domain of labor law or employment law?
Answer outline: These issues sit firmly in the employment law realm (non-union) — they focus on the individual employer-employee relationship, not collective bargaining or unions. So if your concern is wage/hour violations, confidentiality clauses or termination without cause, you are dealing with an employment lawyer.
If my employer is unionized but also engages in individual discrimination claims, may I need both a labor lawyer and employment lawyer?
Answer outline: Explain yes, potentially. If you’re in a unionized environment and you have a discrimination claim, the union contract may affect how the claim proceeds (grievance procedures, arbitrations) and you may also need individual employment law expertise (discrimination statutes, employee rights). You’ll want a lawyer or firm that has both union-labor experience and individual employment claims knowledge.