How to Be Employment Law Attorney - Job Description, Skills, and Interview Questions

Nov 13, 2022 / 6 Minutes Read / By Albert

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Employment law attorneys protect the rights of employees in the workplace, and are essential in helping to ensure that employers comply with the law. They provide advice to employers on the correct procedures to follow when dealing with employee-related matters, such as hiring, discipline, and termination. They also defend workers in the event of workplace discrimination, harassment, or wrongful termination.

When employers fail to adhere to the laws, employment law attorneys can help employees seek justice through litigation or negotiation. This can result in such outcomes as compensation for lost wages, job reinstatement, and non-monetary settlements such as improved workplace policies. employment law attorneys play an important role in making sure that employers abide by the laws and that employees have a safe and equitable work environment.

Steps How to Become

Obtain a Bachelor's Degree. Becoming an employment law attorney requires at least a four-year bachelors degree. A degree in a subject such as pre-law, political science or business is recommended, but any major can be pursued.
Attend Law School. To become an employment law attorney, you will need to obtain a Juris Doctor (J. D. ) from an accredited law school. During the three years of law school, take classes on labor law, contract law and employment discrimination.
Take and Pass the Bar Exam. After graduating from law school, you must take and pass the bar exam in the state where you plan to practice. The process of applying for the bar exam and taking the test can vary by state, so you should check with your states bar association for the exact requirements.
Gain Experience. To become an employment law attorney, you will need to gain experience working with labor and employment law. This experience can be gained through internships, working with a law firm or working with a state or federal agency that specializes in labor and employment law.
Obtain Certification. You can also obtain certification from the National Board of Legal Specialty Certification (NBLSC) as a certified specialist in labor and employment law. To obtain certification, you must meet certain criteria such as having substantial experience in the field and passing an exam.

Employment law attorneys must stay ahead and capable in order to protect their clients' interests. To achieve this, they must have a comprehensive understanding of the latest legal developments in the field, as well as an ability to interpret and apply them. They should also be well-versed in the nuances of contract negotiation, dispute resolution, and human resources management.

Furthermore, they should have good communication and problem-solving skills, allowing them to effectively advocate for their clients. by staying up-to-date on the latest labor regulations, honing their legal skills, and cultivating a deep understanding of the workplace, employment law attorneys can remain ahead and capable in their field.

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Job Description

Employment Law Attorney: An Employment Law Attorney specializes in representing employers and employees in disputes related to employment law matters, such as discrimination, wrongful termination, workplace harassment, and wage and hour violations. The attorney provides legal advice on issues related to the employer-employee relationship, drafting and reviewing employment contracts, and handling potential litigation.
Labor Relations Attorney: A Labor Relations Attorney specializes in representing employees, labor unions, and employers in disputes related to collective bargaining agreements, labor relations laws, and labor arbitrations. The attorney provides legal advice on labor relations issues, drafts collective bargaining agreements, and negotiates labor contracts.
Employment Litigation Attorney: An Employment Litigation Attorney specializes in representing employers and employees in disputes related to employment law matters, such as discrimination, wrongful termination, workplace harassment, and wage and hour violations. The attorney provides legal representation in court proceedings, arbitrations, and mediations, and drafts pleadings, briefs, and motions.
Benefits Attorney: A Benefits Attorney specializes in representing employers and employees in disputes related to employee benefits, such as health insurance coverage, retirement plans, disability benefits, and workers compensation. The attorney provides legal advice on issues related to employee benefits, drafts plans, documents, and agreements related to employee benefits, and handles potential litigation.
Immigration Law Attorney: An Immigration Law Attorney specializes in representing individuals and businesses in disputes related to immigration laws. The attorney provides legal advice on immigration issues such as visas, green cards, naturalization, and deportation proceedings. The attorney also drafts petitions and applications for various immigration benefits.

Skills and Competencies to Have

Knowledge of employment and labor laws
Ability to interpret and explain employment law
Expertise in analyzing employment policies and procedures
Experience in drafting and negotiating employment contracts
Familiarity with collective bargaining agreement provisions
Ability to review personnel and payroll records
Understanding of discrimination and wrongful termination laws
Expertise in representing employers in court
Ability to provide guidance to employers on legal compliance
Skill in addressing employee grievances, disputes and negotiations
Knowledge of wage and hour regulations
Familiarity with health and safety regulations
Ability to design effective training programs on employment law topics
Proficiency in researching and preparing legal documents
Ability to communicate effectively with clients, employers, employees, and other legal professionals

Employment law attorneys play an important role in protecting the rights of both employers and employees. They must have an extensive knowledge of employment law, including both federal and state regulations, and be able to interpret these laws and regulations accurately. They must have excellent communication and negotiation skills to effectively represent their clients in court or in front of arbitration panels.

Furthermore, they must have the ability to research and understand complex legal documents and be able to effectively communicate with other attorneys and the court system. Employment law attorneys must also be highly organized and understand the importance of staying up to date on the latest developments in the field of employment law. The understanding of the cause and effect relationship between laws, regulations, and their effects on employers and employees is essential for an effective employment law attorney.

Without a comprehensive knowledge of employment law, attorneys may be unable to adequately represent their clients and protect their rights.

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Frequent Interview Questions

What experience do you have with employment law?
What challenges have you faced in the past when dealing with employment law cases?
Are there any regulations or laws that you are especially knowledgeable about?
How do you handle difficult or contentious situations in negotiations?
How do you ensure that your clients rights and interests are protected?
How do you stay current with changes and updates to employment laws?
What strategies do you use to negotiate a favorable outcome for your clients?
How do you advise clients on how to deal with complex employee issues?
How do you ensure a confidential and professional relationship with your clients?
Do you have any experience in representing employees in discrimination cases?

Common Tools in Industry

Contract Reviews. Reviews of contracts to ensure compliance with employment law. (eg. Reviewing a contract to make sure it adheres to the Fair Labor Standards Act).
Grievance Hearings. Representation at grievance hearings to ensure employers' rights are protected. (eg. Representing an employer in a hearing for a wrongful termination case).
Negotiations. Negotiations between employers and employees or between employers and unions to ensure fair wages and working conditions. (eg. Negotiating better wages for employees).
Training. Training employers and employees on labor laws, such as how to properly handle paid time off and how to prevent workplace discrimination. (eg. Teaching employers and employees about the Family and Medical Leave Act).
Litigation. Representation in litigation, such as unfair labor practice cases and class action lawsuits. (eg. Representing an employer in a class action lawsuit alleging discrimination).

Professional Organizations to Know

American Bar Association
American Employment Lawyers Association
National Employment Lawyers Association
Society for Human Resource Management
Equal Employment Opportunity Commission
U. S. Department of Labor
National Labor Relations Board
American Arbitration Association
National Academy of Arbitrators
National Conference of Bar Examiners

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Common Important Terms

Collective Bargaining. The process of negotiating and agreeing upon the terms and conditions of employment between an employer and a group of employees, typically represented by their union.
Discrimination. Unfavorable treatment of someone or a group based on their race, gender, age, or other protected characteristic.
Wage and Hour Laws. Laws that regulate the amount of pay, overtime pay, vacation time, and other benefits an employer must provide to its employees.
Wrongful Termination. Dismissing an employee without following proper legal procedures, or because of a protected characteristic such as race, gender, or nationality.
Worker's Compensation. Benefits provided to employees who are injured on the job, regardless of fault.
Whistleblower Protection. Laws that protect employees from retaliation for reporting illegal or unethical behavior in their workplace.
Family and Medical Leave Act (FMLA). A federal law that requires employers to provide up to 12 weeks of unpaid leave for certain family and medical reasons.
Unemployment Insurance. Benefits provided to individuals who have been laid off or are unemployed through no fault of their own.
Employee Retirement Income Security Act (ERISA). A federal law that regulates employee benefits such as pensions and health plans.
National Labor Relations Act (NLRA). A federal law that protects the rights of private sector employees to join or form unions and engage in collective bargaining or other forms of concerted activity.

Frequently Asked Questions

What is an Employment Law Attorney?

An Employment Law Attorney is a lawyer who specializes in representing individuals in matters related to employment law, such as discrimination, wage and hour disputes, wrongful termination, and more.

What qualifications do Employment Law Attorneys typically have?

Employment Law Attorneys typically have a degree in law from an accredited university as well as additional training in the area of employment law. They must also be licensed to practice law within the state or jurisdiction in which they are employed.

How much does it cost to hire an Employment Law Attorney?

The cost of hiring an Employment Law Attorney can vary depending on the complexity of the case and the attorney's experience. Generally, attorneys charge an hourly rate or a flat fee for their services.

What are some common issues Employment Law Attorneys help with?

Common issues that Employment Law Attorneys help with include discrimination, wrongful termination, wage and hour disputes, workplace safety, sexual harassment, and other issues related to employment law.

What should you look for when hiring an Employment Law Attorney?

When hiring an Employment Law Attorney, it is important to find an attorney who has experience in the specific area of employment law related to your case. Additionally, it is important to find an attorney who has a good reputation and is willing to take the time to fully understand your situation and explain your options.

Web Resources

Employment Lawyer Job Description | Employment Attorney www.lawyeredu.org
Employment Attorneys - LII Attorney Directory - Cornell University lawyers.law.cornell.edu
Washington Employment Attorneys - LII Attorney Directory lawyers.law.cornell.edu