Employment (Labor) Law

Employment (Labor) Law

Employment law, also known as labor law, is meant to ensure that workers are treated fairly. Without labor law, we might still have the oppressive work practices of the industrial revolution. There are many employment laws in existence intended to protect workers, and any alleged violation of these laws means an employment lawyer may be needed.

The US Department of Labor website gives details about various employment laws. Some of the employment-related issues and laws that employment lawyers may have to address are:

• Wages and hours/Fair Labor Standards Act (FLSA)
• Workplace safety and health/Occupational Safety and Health (OSH) Act
• Worker’s compensation/State worker’s compensation programs; Longshore and Harbor Worker’s Compensation Act (LHWCA); Energy Employees Occupational Illness Compensation Program Act (EEOICPA); Federal Employees’ Compensation Act (FECA); Black Lung Benefits Act (BLBA)
• Employee benefit security/Employee Retirement Income Security Act (ERISA); Pension Benefit Guaranty Corporation (PBGC)
• Health care provisions/Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA); Health Insurance Portability and Accountability Act (HIPAA)
• Unions and their members/Labor-Management Reporting and Disclosure Act (LMRDA)
• Employee protection
• Uniformed Services Employment and Reemployment Rights Act
• Employee Polygraph Protection Act
• Garnishment of wages/Consumer Credit Protection Act (CCPA)
• The Family and Medical Leave Act (FMLA)
• Veteran’s Preference
• Government Contracts, Grants, or Financial Aid/Davis-Bacon Act; McNara-O’Hara Service Contract Act; Walsh-Healey Public Contracts Act
• Migrant & seasonal agricultural workers/Migrant and Seasonal Agricultural Worker Protection Act (MSPA); Immigration and Nationality Act (INA)
• Mine safety and health/Federal Mine Safety and Health Act of 1977 (Mine Act)
• Construction/Executive Order 11246; Copeland Act
• Transportation/Longshoring and Harbor Workers’ Compensation Act (LHWCA)
• Plant closings and layoffs/Worker Adjustment and Retraining Notification Act (WARN)
• Posters/eLaws Poster Advisor

There are also many laws related to discrimination in the workplace that may fall under employment law. Whether a worker should be classified as an employee or an independent contractor is another important issue that employment lawyers may have to deal with.

As you can see, employment lawyers have a lot on their plates! If you don’t enjoy reading federal Acts, this is probably not a good area of law for you. On top of all that, employment lawyers must know state employment and labor laws for their state(s) of practice as well. Anything that has to do with the rights and duties between employers and employees is contained within employment law.

Education and Background:

Employment law is a common area of law. It is not one where you should have a particular background. Most law schools offer plenty of courses in employment law, so take as many as you can and then intern with an organization that performs employment law work.

Getting a job:

As an employment lawyer you may find work with a:

• Private firm
• Government agency (local, state, federal, or international)
• Nonprofit policy and direct service organization

You will want to choose which side to represent: the employer or the employee. You could also represent unions.

Average salary:

Employment law is one of the more profitable areas of law to work in, perhaps because of the vast knowledge these lawyers must have, the stress they undergo, and the long hours they work. The average salary is about $144,000 (Employment Lawyer Job Description).

Would you like this practice area?

You should have excellent reading, writing, and researching skills. A strong understanding of interpersonal relationships and work dynamics is essential. You should be good at asking questions and good at listening because learning little details of what happened can make or break a case.

Consider whether these articles interest you:

Can You Fire Someone for Their Social Media Complaints About Work? (HG)

“Today, social media is used by most people on many different platforms. Using social media has an instantaneous effect in that the public can read about a situation immediately after it has arisen. This situation can lead to unwanted publicity and attention for a business when the social media post has to do with business practices.” Read more

Labor Board Makes It Easier To Classify Workers As Independent Contractors (Fisher Phillips)

“In a significant ruling which will benefit companies, the National Labor Relations Board today revised the test it uses for determining whether workers are employees or independent contractors by making it easier for entities to classify them as contractors (SuperShuttle DFW, Inc.). The decision throws a roadblock into unionization efforts involving such workers, as federal law does not permit independent contractors to unionize or join forces with employees in organizing efforts.” Read more

As Right to Be Forgotten Evolves in EU, Will It Find Its Way into U.S. Law? (Lally)

“The “right to be forgotten,” a rapidly evolving legal concept in the European Union (EU), may eventually wend its way into U.S. federal law but not in the immediate future, according to several European data-privacy experts. The right to be forgotten allows people to ask that Internet search results for their names that include personal information, such as home addresses or details of criminal convictions, be removed.” Read more

Attorney Spotlight:

Meghan Slack is the founder of the Law Office of Meghan Slack. She focuses on advising small businesses, nonprofits, and transitioning employees. The type of employment law issues she handles includes wage and hour, discrimination, and unemployment.

Meghan’s interview:

Q: How long have you been a lawyer?

A:  Since 2010

Q: Where did you go to law school?

A:  Suffolk University Law School

Q: What size is your firm?

A:  1 Attorney

Q: Describe an average day at work…

A:  The first thing I do in the morning is check my email and send out any emails I may have written after hours the previous day.  I often schedule phone calls at the start of my day.  Late morning and afternoon, I am typically researching, writing and on the phone.  My evenings are often reserved for networking and bar association commitments.

Q: Do you deal with difficult people?

A:  Difficult people cannot be avoided, but I take a lot of care vetting my prospective clients and their cases to ensure I have good working relationships with all my clients.  If a person is difficult from the start, I will not take them on as a client.  After I start representing someone, communication is the most important element in maintaining a good relationship.

Q: What makes your day-to-day work different from that in other practice areas?

A: Most of my clients are not involved in litigation, so my relationship with opposing counsel is usually less adversarial.

Q: Did you practice any other practice areas before deciding on this one?

A:  I started practicing employment law when I opened my practice.  Over the years, I have tried family and probate law.  These were always either pro bono cases or work for a friend of a friend and not really an expansion of my practice areas.  Over the years, I have become more focused on non-litigation services.

Q: How many hours a week do you typically work?

A:  30+

Q: What do you like most about your job/practice area?

A:  My clients

Q: What do you like least about your job/practice area?

A:  Like a lot of attorneys, I do free consultations for discrimination cases. There are usually a lot of facts involved, and it is very difficult to prove actionable employment discrimination. Often, I will spend 30+ minutes evaluating a case that I will not end up taking.  Because of this, I am currently considering charging for these consultations.

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  Take a couple employment/labor law classes.  Reach out to practicing attorneys for informational interviews.

Q: What other comments do you have to add about your practice area?

A: There are a lot of different things you can do as an employment lawyer.  I have colleagues who work for the government, serve as in-house counsel, and do legal aid work.  There are a lot of possibilities within the field.

Conclusion:

Most Americans spend more time at their job than at home! Employment law is essential to make sure rights are protected at work, and employment lawyers rightfully have very high paying jobs.

Energy & Natural Resources

According to the USGS, natural resources are “minerals, energy, land, water, and biota” (Wright). Environmental law and natural resources law are not the same thing. According to Arthur J. Wright, Oil and Gas Practice Group Leader at Thompson & Knight, “Environmental law is what you may not do; natural resources law is what you may do and how to do it” (Wright). For the most part, this area of law entails understanding the regulations regarding natural resource industries such as oil and gas, mining, water, and more.

Natural resource lawyers help their clients navigate these regulations and litigate disputes when they arise. This area of law intersects with many other areas because natural resource lawyers need to know how to keep their clients out of hot water when signing contracts, hiring workers, paying taxes, etc.

Natural resource lawyers need to determine who has ownership of a certain resource, which is not always a simple task. They also need to be aware of what benefits may be legally exploited from the resource. Natural resource lawyers may also have to deal with the sale and purchase of natural resources. Energy companies often buy natural resources to turn into energy, so these companies may employ lawyers in this practice area. Energy law is becoming increasingly international, so there is often an overlap with international law.

Education and Background:

Having a background in a science field or environment/sustainability field may be a helpful plus towards securing a job in this area of law.

If you want to learn more about the science aspects you would be dealing with, check out the U.S. Geological Survey’s (USGS) website.

The ABA has a Section of Environment, Energy, and Resources. Volunteering is an integral part of the Section’s mission.

Volunteering for a non-profit organization or securing an internship with one is also a good thing to have on your resume. Start looking for opportunities as soon as possible; a good place to start would be the Nation Resources Defense Council page.

Another great opportunity while still in law school is an internship with the Department of Energy’s Office of General Counsel.

There are also LL.M. programs in energy, natural resources, and environmental law available. Here are a few:

• The University of Texas School of Law offers an LL.M. Concentration in Global Energy, International Arbitration, and Environmental Law.
• The University of Houston Law Center (UHLC) offers an Energy, Environment and Natural Resources Law LL.M.
• Berkeley Law offers an LL.M. in Energy and Clean Technology

You may also want to consider joining the Energy Bar Association. There are even opportunities available to write for the Energy Law Journal.

Getting a job:

Businesses are a main source of jobs for energy and natural resource attorneys – particularly energy companies. There are also opportunities with non-profit organizations. Individuals are less likely to hire this sort of attorney because whatever question they have can likely be answered by an attorney in another area.

The DOJ also has an Environment and Natural Resources Division, part of which handles protecting the nation’s natural resources. The Division has ten sections: Appellate; Environmental Crimes; Environmental Defense; Environmental Enforcement; Executive Office, Indian Resources; Land Acquisition; Law and Policy; Natural Resources; Wildlife and Marine Resources.

Here is what the DOJ says:

“A substantial portion of the Division’s work includes litigation under a plethora of statutes related to the management of public lands and associated natural and cultural resources. All varieties of public lands are affected by the Division’s litigation docket, ranging from entire ecosystems, such as the Nation’s most significant sub-tropical wetlands (the Everglades) and the Nation’s largest rain forest (the Tongass), to individual rangelands or wildlife refuges. The Division represents all the land management agencies of the United States including, for instance, the Forest Service, the Park Service, the Bureau of Land Management, the Army Corps of Engineers, the Fish and Wildlife Service, the Department of Transportation, and the Department of Defense. The Natural Resources Section is primarily responsible for these cases.” (Environment and Natural Resources Division)

For more information about the Natural Resources Section, visit this page.

There are also employment opportunities in the Department of Energy (even for those right of school!) For more information about those jobs, visit this page.

Average salary:

Energy law is one of the most profitable areas of law. In the oil and coal industry, lawyers averaged $207,370 in 2012 (Alyson). Note that other sub-areas may not be as profitable, and salaries vary greatly depending on whether you work as in-house counsel and, if so, what size company you work for. Job-search websites indicated an overall average of closer to $115,000. Also, if you work for the government, your salary will likely be lower than if you are working for a law firm or energy company.

Would you like this practice area?

If you have a passion for how our natural resources are used, you might enjoy this area of law. You must be extremely science savvy and tech-savvy to succeed in energy and natural resource law. If you don’t have a background in science and you never enjoyed science growing up, this is probably not the area of law for you.

Consider whether these articles interest you:

Rising Above the Storm: Climate Risk Disclosure and Its Current and Future Relevance to the Energy Sector (Nowiski)

“With the growing awareness of the financial consequences caused by the physical impacts of climate change and the need to account for future risks and opportunities of transitioning to a low-carbon economy, institutional investors and stakeholders increasingly are calling on publicly traded companies to provide enhanced climate risk disclosure in their financial reporting. The lack of standardized and mandatory climate risk reporting no longer is regarded solely as an environmental or social governance issue, but one that impacts future global financial stability. The energy sector, for the most part, has resisted calls for enhanced financial regulation of climate risk disclosure…” Read more

New Regulation for the Power Generation and Gas Industries in Mexico: the Possibilities for Foreign Investors (Lopez-Velarde)

“The natural gas and electricity industries represent two of the most important industries in the Mexican economy. These economic sectors were finally opened for private participation either national or foreign. The energy reform initiated with the modifications of the Mexican Constitution in December 2013, and continued with the laws of the congress that implemented the new constitutional mandate in August 2014. Since 1994, Mexico has become one of the largest producers of electricity through natural gas in the world. However, Mexico needs to address various challenges in both the natural gas and the electricity industries, due to lack of infrastructure.” Read more

New York’s Denial of Water Quality Certification for Three FERC-Authorized Pipelines: Flagrant Fiat or Valid Veto (Stanford and Weiler)

“This article examines the legal tension between two federal statutes – the Natural Gas Act (NGA), which vests the Federal Energy Regulatory Commission (FERC) with exclusive jurisdiction over interstate natural gas pipelines, and the Clean Water Act (CWA), which addresses water pollution and under which states implement federal law. In particular, the FERC regulates pipeline market entry by issuing, under NGA section 7(c), a certificate of public convenience and necessity authorizing the construction of new facilities. But a state regulatory agency, acting under CWA section 401 can effectively “veto” the certificate by refusing to certify that the construction and operation of the permitted project would not violate the state’s water quality standards.” Read more