On average, a labor lawyer will charge between $250 and $500 per hour. The hourly rate a labor lawyer charges will vary depending on the location, the attorney’s experience level, and the complexity of the issues involved.
An attorney with many years of experience who works in a major city is likely to charge higher rates than one who practices in a small town or rural area. There may also be variations based on the fee arrangement that the lawyer uses to handle a labor law case, which may vary depending on whether the client is the employer or an employee.
What Does a Labor Attorney Do?
Labor attorneys help clients, both employers and employees, with issues that are covered under labor laws. These are a broad set of regulations, rules, and laws that apply to employment settings.
Labor laws are mainly in place to protect employees’ rights. Examples of common labor law issues that labor attorneys help their clients with include:
It is common for the term labor lawyer to be used interchangeably with the term employment lawyer. Although they are similar and issues may overlap, labor lawyers often handle cases involving union disputes.
Labor attorneys can help clients with issues involving the National Labor Relations Board (NLRB), the administrative agency that is responsible for hearing disputes between employees and unions. The NLRB provides procedures and regulations for forming unions.
When an employee needs to report an unfair labor practice, they should file a complaint with their nearest NLRB regional office or online. The Board will investigate the complaint and try to reach a settlement.
A labor lawyer can help an individual file their complaint to ensure they fulfill the list of requirements set out by the NLRB. If the paperwork is not correctly completed or submitted, their claim may be delayed or rejected.
Certain employment issues are not handled by the NLRB, such as:
- Wage and pay
- Worker’s compensation
- Discrimination
- Harassment
- FMLA
A labor lawyer can help an individual understand the other labor laws that apply to their legal issue. They may have the option to file a civil complaint under other employment or labor laws.
In addition, both employment laws and labor laws govern interactions between employees and employers. Employees are usually broadly categorized as at-will employees or as contingent workers.
In most states, employment is considered to be at-will. With at-will employment, employers are permitted to terminate employees from the position for any reason, as long as the reason is not illegal.
Employment laws in every state also govern employment contracts that outline the employee’s responsibilities. When a worker signs an employment contract, it will specify that they are an at-will employee and will be binding on both parties.
Employees may be asked to sign several different types of employment contracts, including, but not limited to:
- Confidentiality agreements: These provide that the employee will not share any proprietary information regarding the company.
- Non-compete agreements: These provide that the employee agrees that, for a certain period of time after their employment ends, they will not work for a competing company or take away the previous company’s customers.
- Arbitration agreements: Under this type of agreement, an employee agrees to arbitrate disputes that arise with their employer instead of going to court.
- Termination agreements: These agreements provide that employers can terminate employees for any reason.
A labor lawyer is also a type of lawyer that can help an employee review their employment contract before they sign it to ensure their rights will be protected. A lawyer can also provide guidance if any terms should be renegotiated or revised before the contract is signed.
The labor laws across the United States may vary by state. There are, however, overreaching federal laws that override any state labor laws. A labor law attorney can help an individual with any labor law issues they may be having and provide advice regarding which laws will apply in their state and to their case.
What Factors Affect the Cost of a Labor Lawyer?
As noted above, there are several factors that can affect how much a lawyer will cost, which may include, but may not be limited to:
- How complex the case is: When cases involve large amounts of evidence, multiple parties, or complex legal issues, the cost will likely increase.
- The lawyer’s experience level and reputation: An experienced lawyer with a proven track record may charge higher fees based on their reputation and expertise.
- The geographic location: Lawyers in larger cities often have higher rates than in smaller towns.
- The fee structure used: A lawyer may use a flat fee, a contingency fee, or an hourly rate, which can influence the overall cost.
- Whether the case settles or goes to trial: Cases that settle outside of court typically cost less than those that go to trial, as less resources are needed to resolve the case.
- The type of labor law case: Some cases involving wrongful termination, discrimination, harassment, and wage disputes may have different levels of complexity and potential costs.
Some labor lawyers may also waive the initial consultation fee for the client’s first legal consultation. A potential client can ask about the cost of their initial consultation before they meet with their lawyer.
How Do Labor Lawyers Charge for Their Services?
It is common for labor lawyers to charge employees on a contingency fee basis. This means that the employee is not charged for legal services unless the lawyer wins their case.
The amount the lawyer will earn on contingency will depend on the agreed amount. Typically, however, it can range anywhere from 5% to 50% of the final award amount.
In these types of cases, the attorney will not receive their fees until the case is resolved. However, it is important to be aware that the client may have to pay certain up-front fees to keep their case moving, which can include:
- Filing fees
- Discovery costs
- Expert witness fees
- Overhead fees
For employers, it is common for labor lawyers to charge using their hourly fee arrangement. With this arrangement, they will bill their client based on the number of hours they work on the case.
Are There Affordable or Free Labor Lawyer Options Available?
There may be affordable or free labor attorney options available in an individual’s area. There are a few different ways an individual can approach looking for free or low-cost services.
It may be helpful to contact the local bar association, which can provide information on pro bono services in the area or other possibilities for lower cost legal assistance. It is important for potential clients to be aware that these services may have eligibility requirements and their services may only be limited to certain legal issues.
When an individual is looking for a labor lawyer, LegalMatch is a great place to start. It is easy to use the online lawyer matching service, which is free of charge.
From there, an individual can communicate with attorneys to find out their fee arrangements, potential costs, and if they provide free initial consultations.
What Questions Should You Ask a Labor Lawyer Before Hiring?
There are many different examples of what a potential client may want to ask their labor lawyer before they hire them, such as:
- Do you have experience handling similar cases?
- What fee arrangement will you use?
- What can I expect during the resolution of my case?
- How will I be able to reach you when needed?
- Who will be working on my case?
- What are my options to resolve my issue?
- What will the costs associated with each option be?
- Do you accept payment plans?
- Will I be required to pay fees in addition to lawyer’s fees?
- Will a retainer fee be required?
- Have you ever been disciplined by the bar?
- Was there ever a time when you felt you failed a client? If so, how did you resolve that?
- Was there a time when you did more than what was asked for a client?
Of course, this is not an exhaustive list of all of the questions an individual may have for their attorney. It is important to take a written list of any questions an individual wants to make sure they know the answer to with them to their meeting so they can ensure all of their concerns are addressed.
It is most important for a potential client to find a labor lawyer with whom they are comfortable working and communicating. Asking these types of questions can help potential clients have a productive and successful relationship with their attorney.
Do I Need To Hire a Labor Lawyer?
If you have any type of question, concern, or dispute involving labor law issues, it is very important to consult with a labor lawyer who can help. Your attorney will be able to give you guidance about your situation and advice on the best ways to resolve it.
You can consult with a lawyer for any questions you may have, whether you just want advice or if you have a dispute that needs resolving. Having a lawyer’s advice before you make a decision or an issue arises can help you avoid issues from coming up in the future.
LegalMatch offers free and easy attorney matching services that you can take advantage of in as little as 15 minutes whether you are only seeking advice, need a simple task completed, such as reviewing an employment contract, or need to resolve a dispute with your employer. With LegalMatch, you can communicate with multiple lawyers to find out the best fit for you without being required to hire any who respond if they do not fit your needs.
