If you were fired unfairly, harassed at work, or shorted on your paycheck, chances are you opened Google and typed in “labor lawyer.” It’s what most people think of when this type of employment dispute arises. But in California, the type of attorney you’re actually looking for is likely classified as an Employment Lawyer, not a Labor Lawyer. The two sound interchangeable, and plenty of people use them that way, but they cover different legal issues. Knowing the difference will help you find the right lawyer faster.
Why People Confuse Labor Law and Employment Law
The two terms overlap in everyday speech, in the news, and even in the names of government agencies (ie. the California Labor Commissioner). Both deal with the workplace and the relationship between workers and their employers, so it’s natural to assume they are the same thing. But they are not, so the simplest way to separate them: labor law deals with collective, union-related issues, while employment law deals with a broad range of workplace issues impacting the individual employee.
What Labor Law Covers
Labor law is primarily concerned with unionized workers as a group. It applies when employees come together – usually through a union. If your workplace is unionized, or if your coworkers are trying to organize one, those related issues fall under labor law.
Labor law typically covers union organizing and elections, collective bargaining agreements, the right to strike, and employer retaliation for union activity. These matters are governed largely by the National Labor Relations Act (NLRA) and enforced by the National Labor Relations Board (NLRB), with the Public Employment Relations Board (PERB) handling public-sector workers in California.
You don’t need a union to have labor rights. For example, if you and your coworkers act together to improve conditions by comparing pay or signing a group complaint about safety – that’s often protected under labor law. But most workplace problems are personal, and those fall under the employment law umbrella.
What Employment Law Covers
Employment law is about you as an individual. It protects you personally when something goes wrong at work, and it’s what most people actually need when they encounter a workplace issue.
Employment law in California covers:
- Workplace discrimination based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics
- Sexual harassment and a hostile work environment
- Wrongful termination, including being fired for an illegal reason or in violation of public policy
- Retaliation and whistleblower claims, such as being punished for reporting misconduct
- Wage and hour violations, including unpaid overtime, missed meal and rest breaks, and minimum wage violations
- Protected leave – medical, family, and pregnancy leave under the CFRA and other related leave laws
Many of these protections come from California’s Fair Employment and Housing Act (FEHA), one of the strongest employee-protection laws in the country, and are enforced by agencies like the California Civil Rights Department and the Labor Commissioner. If the issue is about you, your firing, your paycheck, or your treatment, it almost certainly falls under employment law.
The Sometimes Confusing “Labor” Language
Here’s where it gets muddy. In California, wage-and-hour issues live in the state’s Labor Code, so the word “labor” does show up in claims that employment attorneys handle every single day. Unpaid overtime and missed breaks are technically Labor Code violations, but they’re the bread and butter of employment lawyers on the employee’s side. Don’t get hung up on the label, though. What matters is that the attorney can handle your issue and that they represent employees.
Which One Do You Need?
A quick gut check. If your issue involves a union, collective bargaining, or organizing your coworkers as a group, you’re in labor-law territory. If your issue is personal, you were discriminated against, harassed, wrongfully fired, retaliated against, or not paid what you’re owed, you need an employment lawyer. Most workers searching for a “labor lawyer” fall into the second group without realizing it.
Talk to an Employment Lawyer Who Represents Employees
At Matern Law Group, we represent employees, never employers, across California. If you’ve been discriminated against, harassed, wrongfully terminated, retaliated against, or denied the wages you’ve earned, that’s employment law, and it’s exactly what we do. You may have searched “labor lawyer” to get here, but you’re in the right place. Reach out to talk through your situation and find out how we can help protect your rights at work.
