When something goes wrong at work, the search terms people type are not always the ones lawyers use. “Labor lawyer near me” is one of the most common searches, and “employment lawyer” is another. They sound interchangeable, and in everyday speech they often are. In the legal world, though, they describe two different practice areas, and hiring the wrong one wastes time you may not have.
Here is how to tell them apart and how to decide which one fits your situation.
- Employment law covers the rights of an individual worker against an employer: discrimination, harassment, retaliation, wrongful termination, unpaid wages, leave, contracts, and severance.
- Labor law covers the relationship between employers and unions: organizing, collective bargaining, union contracts, grievances, and unfair labor practices.
If you are one person with a problem at your job, you most likely need an employment lawyer. If your problem involves your union, a collective bargaining agreement, or union organizing, you are in labor-law territory, although the two areas overlap more than people expect.
What Employment Law Covers
Employment law is the body of rules that protects individual workers. In New Jersey, most of those protections come from a handful of statutes, including:
- The Law Against Discrimination (LAD), which prohibits discrimination and harassment based on protected characteristics and bars retaliation for complaining about it
- The Conscientious Employee Protection Act (CEPA), New Jersey’s whistleblower law
- The wage and hour laws, which govern minimum wage, overtime, and unpaid pay
- Family and medical leave laws, both federal and state
- Contract law, which governs employment agreements, severance agreements, and non-competes
An employment lawyer who represents employees helps with problems such as being fired for a reason that may be unlawful, being harassed, being denied a disability accommodation, or being asked to sign a separation agreement. You can see the full range on our employment law practice page.
What Labor Law Covers
Labor law centers on collective action. It addresses what happens when workers organize and bargain together, including:
- Union organizing and elections
- Negotiating and enforcing collective bargaining agreements
- Grievance and arbitration procedures under a union contract
- Unfair labor practice charges
- Strikes and other concerted activity
For most private-sector employers, these issues fall under the National Labor Relations Act and are handled through the National Labor Relations Board. Public employees in New Jersey, such as municipal and school employees, are governed by state law and a separate agency, the Public Employment Relations Commission. If you work for a public employer, our page on government and public employees explains some of the special rules that apply.
A Quick Way to Sort Your Problem
| Your situation | Likely area |
| Fired after reporting discrimination or illegal activity | Employment |
| Sexual harassment or a hostile work environment | Employment |
| Not paid overtime, commissions, or final wages | Employment |
| Offered a severance agreement or asked to sign a non-compete | Employment |
| Denied a disability accommodation or medical leave | Employment |
| Your union will not file a grievance for you | Labor (and possibly employment) |
| Disputes about what a collective bargaining agreement says | Labor |
| Questions about forming a union at your workplace | Labor |
| Disciplined at a union workplace for discriminatory reasons | Both |
Why the Line Is Blurry
Union membership does not remove your individual rights. A unionized worker who is fired because of a disability, a pregnancy, or a whistleblower complaint may still have claims under the LAD or CEPA, in addition to whatever the union contract provides. The grievance process and a lawsuit can run on separate tracks, and the deadlines do not wait for each other.
This is why the label on a lawyer’s website matters less than the question you ask them. Instead of searching for a category, describe what happened and ask whether the lawyer handles that kind of problem.
“Labor and Employment” Does Not Tell You Which Side
Many firms advertise “labor and employment law.” Some of those firms represent employers almost exclusively, defending companies against the very claims you may want to bring. Others represent employees. Neither is wrong, but you do not want to learn which kind of firm you called after you have shared confidential details.
Ask directly: “Do you represent employees, employers, or both?” A lawyer who represents employees is focused on protecting workers, and that is the work we do. Charles Z. Schalk handles employment matters on the employee side, and you can learn more about his background.
If your situation involves a union grievance, a labor board proceeding, or collective bargaining, ask any lawyer up front whether they handle that type of matter. A good lawyer will tell you honestly if another practitioner is a better fit.
How to Choose
- Describe the problem in one sentence. “I was fired two weeks after complaining about my manager” points to employment law. “My union contract says I am entitled to a hearing” points to labor law.
- Check who the lawyer represents. Employee-side and employer-side are different jobs.
- Ask about experience with your specific issue, not just the general category.
- Ask about deadlines. If a lawyer cannot tell you what time limits might apply, keep looking. Time limits can be as short as 180 days to file with the Division on Civil Rights, and one year for a CEPA claim.
- Use the free consultation. It is the cheapest way to find out whether you are talking to the right type of lawyer. We explain how fees generally work in how much an employment lawyer costs in New Jersey.
If you are still unsure whether your situation calls for a lawyer at all, see do I need an employment lawyer?
Get a Straight Answer
You do not have to figure out the category before you call. Contact Charles Z. Schalk or call (908) 526-0707 for a free, confidential consultation. Describe what happened, and you will learn whether it is an employment-law problem, what deadlines may apply, and what your options look like.
Frequently Asked Questions
Is an employment lawyer the same as a labor lawyer?
No. Employment lawyers handle individual workplace rights, such as discrimination, retaliation, wrongful termination, and wage claims. Labor lawyers handle the relationship between employers and unions, including contracts, grievances, and organizing. Many people use the terms loosely, so describe your problem rather than relying on the label.
I’m in a union. Can I still hire an employment lawyer?
Yes, in many situations. Union membership does not take away your rights under laws like the Law Against Discrimination or CEPA. A union grievance and a legal claim can proceed separately, so ask a lawyer about both tracks and the deadlines for each.
Which lawyer do I need if I was fired?
Usually an employment lawyer, especially if you were fired after complaining, taking leave, requesting an accommodation, or because of a protected characteristic. If you are in a union and were fired in violation of your contract, a labor lawyer may also be involved.
Do labor lawyers represent employees or employers?
Either. “Labor and employment” firms often represent management, while others represent workers or unions. Always ask which side a lawyer represents before sharing details of your situation.
What does a public employee in New Jersey need?
Public employees are covered by a different set of laws and agencies than private-sector workers, and they may have additional rights, such as civil service protections. A lawyer who understands both employment law and public-sector rules can help you sort it out.
How do I find an employment lawyer near me?
Look for a lawyer who represents employees, handles your specific type of problem, and offers a clear first consultation. If you are in Somerset, Middlesex, Hunterdon, Morris, Mercer, or Union County, you can see the areas we serve.
This article is provided for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change, and every situation is different. Prior results do not guarantee a similar outcome.