Have you ever felt like your workplace rights were violated or your union needed stronger representation in negotiations with employers? Labor law is a broad subsection of employment law that deals with the relationship between labor unions and other employee groups, and employers and their management. Many aspects of labor law demand the attention of skilled employment attorneys in Kansas City due to the complex issues that can arise when labor and management face off. While employers generally have the upper hand due to their greater financial resources, our staff at Holman Schiavone, LLC, can help unions, and even individual employees, even the odds.

A group of workers talking to each other.

At Holman Schiavone, LLC, we are ready to lend our legal knowledge to your union or employee group. Our skilled staff can help you with any phase of the employment relationship. We can help you forge a mutually beneficial relationship during union organizing and collective bargaining. We can help you maintain smooth interaction through labor contract administration and labor arbitration. Ultimately, we can also represent employees in labor disputes arising from unfair practices, wage and hour violations, or outright breach of contract. Our practice extends from local and state issues in Missouri and Kansas, up to the federal level, so we can handle questions about any legislation or regulation affecting your employment. Our Kansas City labor attorneys can even answer your questions about the Worker Adjustment and Retraining Notification Act. Contact us today at 816-399-5149 for a free consultation to discuss how we can support your union or employee group. Let us leverage our legal experience to help you build and maintain a strong and fair employment environment for your union or employee group.

Kansas City Labor Law Attorneys: Champions for Workers and Unions

Kansas City labor law attorneys uphold the rights of workers and unions in state and federal courts, ensuring fair treatment and representation in legal proceedings. These legal professionals offer representation for employees in various employment law disputes, including those that reach the federal court, ensuring that workers are protected and treated fairly.

Holman Schiavone Law, LLC is one such law firm that specifically works in disputes related to:

These cases are handled by experienced employment lawyers.

With a long history of representing clients in federal and state courts, law firms like Holman Schiavone Law, LLC strive to protect employees from unfair treatment and ensure that labor unions can effectively represent their members. Whether it’s a wage dispute, an employment discrimination claim, or a workplace safety issue, Kansas City labor law attorneys are dedicated to standing up for workers and unions alike.

The Role of a Labor Law Lawyer

A labor law lawyer provides a variety of services to assist clients in addressing complex labor law matters. These services include court representation, negotiations, and legal counsel, ensuring that workers and unions have the support they need to navigate the intricate world of employment law. Labor law lawyers at reputable law firms not only offer representation in federal and state courts but also work tirelessly to help clients understand their rights and options when it comes to employment disputes.

The subsequent sections detail the varied roles of a labor law lawyer, emphasizing court representation, negotiation techniques, and the provision of legal counsel in labor law cases.

Representation in Court

Legal representation in labor law matters is vital, as it safeguards clients’ rights and advocates for their interests in court proceedings. Labor law attorneys employ a range of strategies to effectively represent clients in court, including:

  • Comprehensive case preparation
  • Effective communication
  • Proficient negotiation
  • Robust advocacy
  • Familiarity with labor laws
  • Experience
  • Cooperation with professionals
  • Strategic planning

When conducting cross-examinations in labor law cases, labor law attorneys strategically question the opposing party’s witnesses to:

  • Challenge their credibility and reliability
  • Weaken the opposing party’s case
  • Strengthen their client’s position
  • Ultimately increase the chances of a favorable outcome in court.

Negotiations

In labor law cases, negotiations are instrumental, with seasoned negotiators and labor law attorneys aiming to reach agreements beneficial to all parties and resolve disputes outside of litigation. These professionals utilize techniques such as:

  • highlighting weaknesses
  • bargaining
  • using facts
  • researching industry standards
  • seeking legal counsel

These techniques ensure a positive outcome for their clients.

To prepare for negotiations with employers or unions, a labor law attorney typically:

  1. Assembles a negotiating team
  2. Prepares proposals
  3. Reviews existing labor contract issues
  4. Develops negotiating strategies
  5. Establishes goals in collaboration

Ideal practices during negotiations include:

  • Showing appreciation for the offer
  • Providing something of lesser value to encourage reciprocation before making a settlement proposal
  • Not contradicting any prior agreements
  • Not providing false information during negotiations

Legal Counsel

Legal counsel is vital in labor law cases. It aids clients in understanding their rights and options in such matters. In Kansas City, certain labor laws can influence a worker’s rights and options, such as the Right-to-Work Laws, which follow the state’s regulations prohibiting unions and employers from requiring employees to be union members or pay membership dues, and the Ban the Box Ordinance, which restricts employer inquiries into criminal record information. These laws are in place to safeguard workers’ rights and provide them with certain options and protections in the workplace.

A labor law attorney from Holman Schiavone Law, LLC in Kansas City provides legal counsel regarding workplace issues by offering advice and representation to employees in matters such as workplace discrimination, employment disputes, and employee rights. We assist in navigating labor laws, provide guidance on legal rights and obligations, and advocate for our clients’ interests in negotiations and legal proceedings.

Key Labor Law Issues in Kansas City

Two women working on a whiteboard.

In Kansas City, key labor law issues include wage disputes, employment discrimination, and workplace safety concerns. Workers and unions must be aware of these issues and comprehend how state and federal labor laws aim to protect their rights. Whether it’s a conflict over wages or a case of workplace discrimination, labor law attorneys from Holman Schiavone Law, LLC are dedicated to helping clients navigate the legal landscape and achieve favorable possible outcomes.

Wage Disputes

Wage disputes refer to conflicts between employers and employees concerning wages and other forms of remuneration. In Kansas City, wage disputes typically involve failure to pay wages, refusal to pay for overtime, minimum wage violations, misclassification of employees, improper pay deductions, and unpaid time. The legal process for resolving wage disputes in Kansas City may involve consultation with a wage disputes lawyer at Holman Schiavone Law, LLC, filing a Claim for Wages form, attempting negotiation or mediation, and potentially going to trial. The court will then evaluate the evidence presented and make a judgment accordingly.

The Fair Labor Standards Act, the Kansas Wage Payment Act, and the Missouri Minimum Wage Law protect workers in Kansas City in the event of a wage dispute. Employees have the right to file a claim for wages with the Kansas Department of Labor and may be eligible to obtain back pay, liquidated damages, and other damages if their employer has violated the Kansas Wage Payment Act. It is advised to seek the counsel of a Kansas City wage and hour lawyer from Holman Schiavone Law, LLC to guide them through the legal process and protect their rights.

Employment Discrimination

Employment discrimination is when an employer treats an employee or job applicant unfavorably due to protected characteristics such as age, sex, race, religion, or national origin. Harassment in the workplace is considered illegal conduct if it is based on protected characteristics, such as age or sexual orientation. Depending on its severity and how long it lasts, such harassment could be considered either severe or ongoing.

To file an employment discrimination complaint in Kansas City, you can follow these steps:

  1. Obtain complaint forms from the Kansas Human Rights Commission’s website or by contacting their complaint intake unit.
  2. The alleged discriminatory act must have occurred within the last 180 days.
  3. The employer or business establishment you are filing against must be located within Kansas City.
  4. Strict deadlines apply for filing a charge of discrimination, so it is important to review the information provided by the Kansas Human Rights Commission or contact the Equal Employment Opportunity Commission for further details.

Labor law attorneys from Holman Schiavone Law, LLC in Kansas City focus on handling discrimination cases, ensuring that all workers have equal opportunities and are treated fairly regardless of their protected characteristics.

Workplace Safety

Workplace safety and workplace health are crucial components of labor law, as they guarantee that employees are provided with a secure working environment and are adequately compensated for any injuries incurred as a result of hazardous conditions. In Kansas City, the following laws and programs serve to protect workers’ safety:

  • Occupational Safety and Health Act (OSHA)
  • Kansas Department of Labor programs
  • Federal and state laws against discriminatory or retaliatory termination
  • Specific laws for healthcare workers’ protection

Workplace safety violations can take many forms. Examples include inadequate training, defective equipment, and insufficient safety gear. If you have been injured at work due to unsafe conditions, it is essential to report the injury to your employer, request medical care, and contact an employment lawyer from Holman Schiavone Law, LLC promptly.

Union Advocacy and Support

Union advocacy and support services include assistance with collective bargaining agreements, organizing campaigns, and handling retaliatory actions from employers. Labor law attorneys play a vital role in ensuring that unions can effectively represent their members and negotiate fair terms with employers. Whether it’s drafting a collective bargaining agreement or providing legal support during a union organizing campaign, labor law attorneys from Holman Schiavone Law, LLC work tirelessly to protect the rights of union members and ensure their voices are heard.

Collective Bargaining Agreements

Collective bargaining agreements are legal documents that delineate the parameters of the relationship between employers and employees, often including confidentiality agreements. These agreements enable union members to negotiate with their employers through a representative selected by the workers. A labor law attorney plays an important role in drafting a collective bargaining agreement, advocating for either the employer or the labor union, preparing proposals, reviewing contract proposals, and providing legal guidance.

Collective bargaining agreements offer union members improved wages, benefits, and working conditions, as well as a framework for resolving disputes and grievances, thus ensuring fair treatment and protection. Recent collective bargaining agreements negotiated by Kansas City labor law attorneys from Holman Schiavone Law, LLC encompass various industries, including workers’ compensation, personal injury, employment, labor relations, and union contracts.

Union Organizing Campaigns

In Kansas City, workers have the right to elect a union or organize their own union to represent them. Employers are prohibited from dismissing a worker for exploring union membership. Furthermore, employees are entitled to organize and bargain collectively through representatives of their own selection. A labor law attorney can offer legal advice and support to employees during the formation of a union, filing the necessary paperwork, and ensuring compliance with labor laws. Moreover, the attorney can represent the union and its members in negotiations with the employer, safeguarding their interests and advocating for fair labor practices.

The legal processes associated with union organizing campaigns include:

  • Ensuring compliance with labor laws and regulations
  • Drafting and reviewing union documents
  • Negotiating collective bargaining agreements
  • Representing the union in legal proceedings if necessary.

Handling Retaliatory Actions

Employers may retaliate against employees for union activity through termination, demotion, or reduction of hours. Retaliation in response to voicing concerns about discrimination, harassment, or other illegal behavior is deemed unlawful. The Kansas Act Against Discrimination prohibits employers from discriminating against any person by discharging or expelling them. Additionally, the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) both contain provisions that prevent employers from retaliating against employees who exercise their rights.

It is advisable to contact Holman Schiavone Law, LLC promptly if you experience retaliation after reporting a situation. Our labor law attorneys can:

  • Assess the situation
  • Investigate the claim
  • File a complaint
  • Negotiate and advocate
  • Represent in legal proceedings
  • Seek remedies when handling retaliatory actions from employers toward union members.

Navigating the Legal Process

An attorney and client shaking hands.

The legal process for labor law cases involves an initial consultation, gathering evidence, and deciding between litigation or settlement. Injured workers in Kansas and Missouri have the right to legal representation throughout the process, the right to file a claim for their injury or illness, the right to pursue medical treatment, and the right to temporary disability compensation if they are unable to return to work. It is important to report the injury to the employer and request medical care immediately, as well as to contact Holman Schiavone Law, LLC.

Initial Consultation

An initial consultation with Holman Schiavone Law, LLC aims to evaluate the case and advise on the most suitable course of action. The procedure for an initial consultation typically entails discussing the relevant facts of the case, the applicable legal regulations, and the potential outcomes. The advantages of scheduling an initial consultation with a labor law attorney include gaining insight into the case, becoming familiar with the relevant laws, and assessing potential outcomes.

During the initial consultation, which typically lasts approximately one hour, our attorneys will listen to the client’s concerns, analyze the facts, and provide practical advice based on their knowledge and experience in labor law.

Gathering Evidence

Gathering evidence is vital in building a robust case for labor law disputes. Holman Schiavone Law, LLC collects the following documents, witness statements, and other relevant information to ensure a comprehensive understanding of the case and a favorable outcome in wage dispute cases:

  • Timecards and work logs
  • Pay stubs
  • Records of formal complaints
  • Email evidence
  • Witness statements

In workplace safety cases, labor law attorneys may look for the following legal documents and evidence:

  • Pertinent to safety-related proceedings
  • OSHA regulations and standards
  • Records of workplace accidents and injuries
  • Employee complaints and grievances
  • Safety inspection reports
  • Training records
  • Pertinent company policies and procedures concerning workplace safety.

Litigation or Settlement

In labor law disputes, a settlement is usually reached through negotiation and agreement between the involved parties. The aim is to find a resolution that is satisfactory to all parties without the need for litigation. The advantages of litigation in labor law cases include the ability to resolve long-standing arguments and the potential for obtaining satisfactory results. Disadvantages include the stressful and time-consuming nature of litigation, the possibility of incurring high costs, and the risk of employer retaliation.

The course of action taken to pursue litigation or settlement is contingent upon the strength of the case and the client’s specific needs. Holman Schiavone Law, LLC can provide guidance and assistance in determining which option is most suitable.

Contact Holman Schiavone Law, LLC for Skilled Union Worker Advocacy

Holman Schiavone Law, LLC is dedicated to protecting the rights of employees and labor unions alike, working closely with the National Labor Relations Board.

We are ready to assist you with every phase of your union’s operations. Our employment attorneys in Kansas City can help you draft organizational documents and assist you with every facet of union operations. Have your representative call our Kansas City, Missouri office at 816-399-5149 to schedule a free initial consultation, or fill out our online contact form to schedule an appointment. Let us be your trusted legal partner in ensuring the success and integrity of your union’s endeavors.

Frequently Asked Questions

Which lawyer types broadly handle the relationships between unions, employers and employees?

Employment and labor lawyers handle the relationships between unions, employers, and employees, dealing with issues around workplace discrimination, harassment, wage and hour regulations, benefits, and pension security.

What is Section 7 of the NLRA?

Section 7 of the National Labor Relations Act (NLRA) grants workers the right to organize, form labor unions, and participate in other collective activities for collective bargaining.

Which laws give workers the option of not joining the union even at companies where the majority has voted to be represented by a union?

27 states have implemented Right to Work laws, giving workers the option of not joining the union even at companies where the majority has voted to be represented by a union. This freedom to choose is also granted by the Taft-Hartley Act of 1947, a labor law passed by the United States Congress.

What is the role of a labor law lawyer in a collective bargaining agreement?

A labor law lawyer plays an important role in a collective bargaining agreement, ensuring compliance with labor laws and representing their clients’ interests while facilitating equitable negotiations.