Attorneys in the state of New Jersey who practice labor law are oftentimes included in the same boat as New Jersey employment lawyers.
NJ Labor Law and NJ employment law in the State of New Jersey are very different, despite commonly being associated with one another. A labor attorney, based on the strict definition, is an attorney who deals with unions and labor organizations in negotiating contracts, handling unfair practices charges and any other issues between an employer, municipality and a union. Whereas, an employment attorney is typically handles litigation or counseling involving New Jersey’s employment laws.
The counseling side of employment law focuses on the drafting of handbooks, contracts, employment contracts, restrictive covenants, non-competes, non-solicitation agreements, and any other policy or regulation within a company. An attorney who acts as an employment counselor will also advise the employer on certain human resources decisions and other issues in the workplace.
An employment litigator will focus on the trial aspect of employment law. Typically trials are based on the New Jersey law against discrimination, the New Jersey conscientious employee Protection Act and the New Jersey wage and hour laws. The attorney will either file a lawsuit or defend against the filing of a lawsuit. Most attorneys practice on one side of a lawsuit. That means that the attorney will either represent the plane a side or the defense side. We have seen plainness attorneys who do handle defense cases and our firm does in rare instances. However, it is uncommon to see a defense attorney also represent individuals in employment law suits.
Many people who are not familiar with New Jersey labor and employment laws, and the association of a New Jersey Labor lawyer, maybe under the misunderstanding that they need to retain a New Jersey labor lawyer, when in fact, the right attorney is a New Jersey employment lawyer. Although there are certainly is confusion regarding these definitions, most attorneys can point you in the right direction of who should represent you.Our law firm focuses on both New Jersey labor law and New Jersey employment law. We represent several public employee unions. We also handle navigation and counseling on behalf of individuals and a small number of employers. The main focus of our firm is on New Jersey employment law with a small specialty in New Jersey labor law for public sector employees.If you have any questions regarding what type of attorney is best situated for your specific matter, please contact our New Jersey labor lawyer to discuss this with you in detail and determine whether our firm can assist you or whether there is a firm that is better equipped to handle your specific matter. We have often times found that an employee in a specialty, may require an attorney was either a previously employed in that specialty or has a significant amount of experience in that field.Call us for a free consultation at 973-920-7888 or fill out our free confidential contact form.
About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.
Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.
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