People search for “labor attorney” and “employment lawyer” as if they mean the same thing. In everyday conversation, they often do. In the legal world, they describe two different areas of law, and knowing the difference helps you find someone who actually handles your problem.
The short answer: if your issue is about how you were treated at work, such as sexual harassment, discrimination, retaliation, or unpaid wages, you almost always need an employment lawyer. If your issue involves a union, collective bargaining, or the right of workers to organize, that is labor law.
What Is Labor Law?
Labor law governs the relationship between employers, unions, and groups of workers. Its core is the National Labor Relations Act (NLRA), which Congress passed in 1935. The NLRA protects the right of most private-sector employees to form or join a union, bargain collectively, and act together to improve their pay and working conditions, even without a union.
Labor law issues include:
- Union organizing campaigns and elections
- Negotiating and enforcing collective bargaining agreements
- Unfair labor practice charges against an employer or a union
- Strikes, lockouts, and picketing
- Discipline for “protected concerted activity,” such as coworkers jointly complaining about pay
These matters usually go to the National Labor Relations Board (NLRB). California has separate boards for certain workers: the Public Employment Relations Board for most public employees and the Agricultural Labor Relations Board for farmworkers.
What Is Employment Law?
Employment law covers the rights of individual employees. It is a much broader area, built from dozens of state and federal statutes. In California, the most important include:
- The Fair Employment and Housing Act (FEHA), which prohibits harassment and discrimination based on sex, race, age, disability, religion, national origin, sexual orientation, gender identity, and other protected characteristics
- Title VII of the Civil Rights Act of 1964, the federal counterpart for discrimination and sexual harassment
- The California Labor Code, which sets rules on minimum wage, overtime, meal and rest breaks, final pay, and whistleblower protection
- The California Family Rights Act (CFRA), which provides job-protected family and medical leave
Common employment law claims include:
- Sexual harassment, including quid pro quo harassment and a hostile work environment
- Workplace discrimination
- Retaliation for reporting harassment or other unlawful conduct
- Unpaid wages and overtime
- Whistleblower claims
- Misclassification as an independent contractor
These claims typically go through the California Civil Rights Department (CRD), the U.S. Equal Employment Opportunity Commission (EEOC), the California Labor Commissioner, or directly to court.
Employment Law vs. Labor Law at a Glance
| Labor Law | Employment Law | |
| Focus | Unions and groups of workers | Individual employee rights |
| Main laws | National Labor Relations Act | FEHA, Title VII, California Labor Code, CFRA, ADA, ADEA |
| Typical issues | Organizing, collective bargaining, unfair labor practices | Sexual harassment, discrimination, retaliation, wage theft, leave |
| Where claims go | NLRB, PERB, ALRB, union grievance and arbitration | CRD, EEOC, Labor Commissioner, state and federal court |
| Applies to | Unionized and non-union workers acting together | Nearly all employees |
Why the Terms Get Mixed Up
The confusion is understandable, because the word “labor” shows up all over employment law. California’s wage rules live in the Labor Code. Wage claims can be filed with the Labor Commissioner’s Office. The U.S. Department of Labor enforces federal minimum wage and overtime laws. So when someone isn’t being paid overtime, “labor lawyer” feels like the natural search.
Plenty of attorneys describe themselves as “labor and employment” lawyers for the same reason. The label matters less than two other questions: what kinds of cases does the lawyer handle, and whose side are they on?
The More Important Question: Which Side Does the Lawyer Represent?
Most employment attorneys work for one side. Management-side firms represent companies. They write handbooks, train HR, and defend employers when workers bring claims. Employee-side (or plaintiff-side) firms represent workers.
If you were harassed, discriminated against, or retaliated against, you want a lawyer who represents employees. A firm that spends most of its time defending companies may also have conflicts that prevent it from taking your case at all.
When you are searching, look for language like “we represent employees” or “we only represent workers,” and ask directly during your consultation.
If You Are in a Union, Do You Need a Labor Lawyer?
Not necessarily. Union members have the same basic protections under FEHA and Title VII as everyone else. Being covered by a collective bargaining agreement generally does not take away your right to file a harassment or discrimination complaint with the CRD or EEOC.
Your union contract may give you a separate path, a grievance, that runs alongside those rights. Some wage-and-hour rules also work differently under a qualifying union contract. If you are unionized and not sure which route applies, an employment lawyer can help you sort out your options, including whether to file a grievance, an agency complaint, or both.
So Which One Do You Need?
You need an employment lawyer if:
- A supervisor, coworker, or client is making sexual comments, touching you, or pressuring you for dates or sexual favors
- A manager is sexually harassing you and HR has not stopped it
- You were demoted, cut from the schedule, or fired after reporting harassment
- You believe you were passed over, paid less, or let go because of your sex, race, age, disability, or another protected characteristic
- You are not being paid for all hours worked or are missing overtime
- You were denied medical or family leave, or punished for taking it
You need a labor lawyer if:
- You are trying to organize a union at your workplace
- Your employer is threatening or disciplining workers for union activity
- Your dispute is about how the union itself is representing you
- The issue is about negotiating or interpreting a collective bargaining agreement
What to Look for in a California Employment Lawyer
Once you know you need an employment lawyer, a few things matter:
- Employee-side representation. They should represent workers, not companies.
- Experience with your specific issue. Sexual harassment cases involve different evidence and procedures than overtime disputes. Ask how much of the lawyer’s practice involves cases like yours.
- Familiarity with the CRD process. Most FEHA claims must first go through the California Civil Rights Department before a lawsuit can be filed. You generally have three years from the date of the harassment or discrimination to file with the CRD.
- Licensed where you work. If you work in Washington, make sure the attorney is licensed there too.
Talk to Malk Law Firm
Malk Law Firm is an employee-side California employment law firm that also represents workers in Washington. Michael Malk has represented employees since founding the firm in 2007, with a focus on workplace sexual harassment and discrimination. He is a member of the California Employment Lawyers Association and the National Employment Lawyers Association, and has been selected to Super Lawyers every year from 2016 through 2026.
If you are dealing with sexual harassment or discrimination at work, contact us for a free case review.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.