What Is a Labor and Employment Lawyer? How They Help Employees
A labor and employment lawyer handles legal disputes between workers and employers. Labor law covers unions and workers acting as a group, while employment law covers individual rights like fair pay, freedom from discrimination, medical leave, and protection from retaliation. For employees, these attorneys evaluate claims, deal with agencies, negotiate settlements, and go to court when needed.
Quick Answer
Share of U.S. wage and salary workers who were union members in 2025. That's why most employee cases today fall under employment law, though labor law still protects non-union workers who act together.
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Everything to Know About Labor and Employment Lawyers
All nine parts of this guide, broken down so you can jump straight to what you need.
What Is a Labor and Employment Lawyer?
A labor and employment lawyer is an attorney who focuses on the legal relationship between workers and employers. The title combines two related practice areas: labor law, which governs unions and workers acting collectively, and employment law, which governs the rights of individual employees.
Some attorneys represent employers, helping them write policies and defend claims. Others represent employees, also called plaintiff-side attorneys, and help workers who've been underpaid, discriminated against, retaliated against, or wrongfully fired. If you're an employee looking for help, you want an attorney who represents workers.
Union membership has declined over the decades. Just 10.0% of U.S. wage and salary workers were union members in 2025. So most employee cases today involve employment law. But the "labor" side still matters, including for non-union employees who discuss pay or organize to improve working conditions.
Labor Law vs. Employment Law: What's the Difference?
The two terms are often used interchangeably, but they cover different rights, laws, and agencies.
| Area | Labor Law | Employment Law |
|---|---|---|
| Focus | Workers acting as a group, unions, and employers | Individual employees and their employers |
| Key federal laws | National Labor Relations Act (NLRA), Labor Management Relations Act | Title VII, ADA, ADEA, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) |
| Main agency | National Labor Relations Board (NLRB) | EEOC, Department of Labor, OSHA, state agencies |
| Typical issues | Organizing, collective bargaining, union grievances, unfair labor practices | Discrimination, unpaid wages, leave, retaliation, wrongful termination |
| Who it covers | Most private-sector employees, union or not | Most employees, with some laws applying by employer size |
In practice, many cases overlap. For example, firing a worker for organizing coworkers can raise labor law issues, and also discrimination or retaliation claims if other factors are involved.
What Issues Do They Handle for Employees?
Employee-side labor and employment lawyers typically handle these types of matters.
Discrimination and harassment
Unfair treatment based on race, sex, religion, age, disability, national origin, or other protected characteristics.
Unpaid wages and overtime
Minimum wage violations, unpaid overtime, off-the-clock work, and misclassification as exempt or as a contractor.
Retaliation and whistleblowing
Being punished for reporting illegal conduct, safety problems, discrimination, or wage violations.
Wrongful termination
Firings that violate anti-discrimination laws, public policy, or an employment contract.
Leave and accommodation
Denied medical leave under the FMLA, or refused disability, pregnancy, or religious accommodations.
Severance and contracts
Reviewing severance agreements, non-competes, and employment contracts before you sign.
Union and collective issues
Interference with organizing, retaliation for concerted activity, and disputes involving a union contract.
Workplace safety
Retaliation for raising safety concerns and complaints involving the Occupational Safety and Health Administration (OSHA).
How Does a Labor and Employment Lawyer Help You?
Every case is different, but most employee matters follow a similar path.
Case evaluation
The lawyer reviews your facts and documents, identifies which laws apply, and tells you whether you have a viable claim.
Deadline protection
They figure out which filing deadlines apply to you and make sure nothing expires while you're deciding what to do.
Agency filings
When required, they prepare and file charges or complaints with the EEOC, the Department of Labor, the NLRB, OSHA, or a state agency.
Negotiation
They send demand letters, negotiate severance or settlements, and represent you in mediation.
Litigation
If the case doesn't settle, they file a lawsuit, handle discovery and depositions, and represent you at trial.
Which Agencies and Deadlines Are Involved?
Which agency handles your issue, and how long you have to act, depends on the type of claim. These are the common federal deadlines; state laws may differ.
| Issue | Agency | Typical Deadline |
|---|---|---|
| Discrimination / harassment | EEOC or state agency | 180 or 300 days |
| Unpaid wages / overtime | Department of Labor Wage and Hour Division, or court | 2 years (3 if willful) |
| Union / concerted activity | NLRB | 6 months |
| Safety retaliation | OSHA | 30 days |
| FMLA leave violations | Department of Labor, or court | 2 years (3 if willful) |
Some claims, like FLSA wage claims and FMLA claims, can go straight to court. Others, like most federal discrimination claims, must go through an agency first. Use the issue matcher below to see what applies to you.
Signs You Should Talk to a Lawyer
Not every workplace problem needs an attorney. These situations usually do.
You were fired or demoted shortly after complaining, requesting leave, or reporting a problem.
You regularly work more than 40 hours a week without overtime pay, or you're paid "off the books."
Your employer calls you an independent contractor but controls your schedule and how you work.
You've been offered a severance agreement that asks you to give up legal claims.
You were disciplined for discussing pay with coworkers or for supporting a union.
HR investigated your complaint, but the harassment or discrimination continued.
How Much Does a Labor and Employment Lawyer Cost?
Cost depends on the type of case and how the lawyer bills. Many employee-side attorneys offer a free first consultation.
| Fee Structure | Upfront Cost | Typical Rate | Most Common For |
|---|---|---|---|
| Contingency | None | 33% to 40% of recovery | Discrimination, wrongful termination, retaliation, wage claims |
| Hourly | Ongoing | $200 to $600 per hour | Advice, contract disputes, ongoing counsel |
| Flat fee | One-time | Set price per task | Severance or contract review |
Some laws shift fees to the employer. Under the FLSA, for example, an employer that loses a wage case must pay the employee's reasonable attorney's fees. This is one reason many lawyers take wage claims even when the unpaid amount is small.
What Should You Bring to Your First Meeting?
The more you bring, the more accurate the lawyer's first assessment will be. Check off what you have.
How Do You Choose the Right Lawyer?
Look for an attorney who represents employees, handles your specific type of issue, and explains fees clearly. These questions help you compare options.
Do you represent employees, employers, or both?
How many cases like mine have you handled?
Is my issue a labor law matter, an employment law matter, or both?
Which deadlines apply, and how much time do I have?
Should I file with an agency first or go to court?
How are you paid, and could my employer have to cover fees?
Who will handle my case day to day?
What outcomes are realistic for a case like mine?
Want a deeper look at roles and specialties? What Do Employment Lawyers Do? Roles, Responsibilities, and When to Hire One breaks down the different types of employment lawyers and when each one fits your situation.
Who, What, Why, When, Where & How
Who do labor and employment lawyers represent?
Some represent employees, some represent employers, and some represent unions. Employee-side attorneys work with current workers, former workers, and job applicants. Before hiring one, confirm they represent people on your side of the dispute, since a firm that usually defends employers may not be the right fit.
What can a lawyer do that an agency can't?
Agencies like the EEOC and the Department of Labor investigate complaints for free, but they represent the public interest, not you personally. A private lawyer advises you on strategy, negotiates on your behalf, pursues every claim available to you, and can take your case to court if the agency process doesn't resolve it.
Why does the labor vs. employment distinction matter?
It determines which laws apply, which agency handles the claim, and how long you have to act. An unfair labor practice charge with the NLRB has a different deadline and process than a discrimination charge with the EEOC. Getting the category right early helps avoid filing in the wrong place.
When should you contact a labor and employment lawyer?
Reach out as soon as a serious issue comes up, especially after a termination, a severance offer, or retaliation for a complaint. Some federal deadlines are as short as 30 days. Talking to a lawyer early also helps you preserve evidence before access to work systems ends.
Where do labor and employment cases get resolved?
Cases may be resolved through a government agency, mediation, private arbitration, a union grievance process, or state or federal court. Many employment contracts include arbitration clauses that send disputes to a private arbitrator instead of a courtroom, so have your lawyer review what you signed.
How do you find a good labor and employment lawyer?
Search for attorneys who focus on employee-side cases in your state, read client reviews, and check their state bar profiles. Schedule consultations with two or three firms, ask about experience with your specific issue, and compare how clearly each explains fees and next steps.
Match Your Issue to the Right Help
Choose the issue closest to your situation to see which law usually applies, where claims are filed, and the typical federal deadline. For illustration only.
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Frequently Asked Questions
What is a labor and employment lawyer?+
A labor and employment lawyer handles legal issues between workers and employers. Labor law covers unions, collective bargaining, and group rights under the National Labor Relations Act. Employment law covers individual rights such as fair pay, freedom from discrimination, medical leave, and protection from retaliation.
What's the difference between labor law and employment law?+
Labor law governs the relationship between employers and workers acting as a group, including unions, organizing, and collective bargaining, and is enforced mainly by the National Labor Relations Board. Employment law governs individual workplace rights, such as wages, discrimination, leave, and safety, enforced by agencies like the EEOC and the Department of Labor.
Do I need a labor lawyer or an employment lawyer?+
If your issue involves a union, a collective bargaining agreement, or employees acting together to improve working conditions, a labor lawyer is the better fit. For individual issues like discrimination, unpaid overtime, wrongful termination, or leave violations, an employment lawyer is usually the right choice. Many attorneys handle both.
How much does a labor and employment lawyer cost?+
Many employee-side attorneys work on contingency, taking 33% to 40% of any recovery with nothing paid upfront. Hourly rates typically range from $200 to $600 per hour. Under laws like the Fair Labor Standards Act, an employer that loses may have to pay the employee's attorney's fees.
Can a lawyer help if I'm not in a union?+
Yes. Most employment law protections apply regardless of union membership. The National Labor Relations Act also protects most private-sector employees who act together to discuss or improve pay and working conditions, even in workplaces without a union.
Can I go to a government agency instead of hiring a lawyer?+
Yes. You can file directly with agencies such as the EEOC, the Department of Labor's Wage and Hour Division, OSHA, or the NLRB at no cost. A lawyer can still help you choose the right agency, meet deadlines, preserve evidence, and pursue remedies an agency may not seek on your behalf.
When should I contact a labor and employment lawyer?+
Contact one as soon as a serious workplace issue arises, such as termination, unpaid wages, discrimination, retaliation, or a severance offer. Some deadlines are as short as 30 days, so early advice helps protect your options.
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