An employer cannot discriminate against a prospective employee based on race, national origin, gender, pregnancy, age, disability or religion at any point during the hiring process. If you feel you have been discriminated against by a potential employer, contact an experienced employment law attorney. Your attorney can help you determine whether you have a legal claim against the potential employer.
Know Your Rights as an Employee
When you work for a business, you have certain obligations to that business. In return, the business has obligations to you. No business should discriminate against an employee on the basis of race, gender, age, sexual orientation, religion, national origin or disability. You should not be subjected to a hostile work environment. Wages should be accurate and timely.
If you have questions about your employee rights, the information here can help explain them. You are welcome to contact an employment lawyer at Esteban-Trinidad Law, P.C. in Las Vegas.
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If a Nevada business denied your request for an FMLA leave and the reasons don't make sense to you, contact an employment law attorney at Esteban-Trinidad Law, P.C. in Las Vegas.
It can be difficult to prove discrimination. If you are facing discrimination at work, contact a lawyer experienced with Nevada discrimination cases. Esteban-Trinidad Law, P.C. is well known for effective litigation against discrimination.
Unions
Unions exist for the sole purpose of representing the interests of workers, especially in collective bargaining with employers. Collective bargaining is the process of negotiation between the employer and the labor union representatives to determine the key conditions of employment. The result of these efforts is the collective bargaining agreement. This collective bargaining agreement is a contract that is the starting place for resolving conflicts between the employer and its employees. Collective bargaining and union organization is governed by the federal National Labor Relations Act (NLRA). If you are organizing a workplace or engaging in collective bargaining from either side of the table, contact Esteban-Trinidad Law, P.C. in Las Vegas, Nevada, for experienced counsel on union issues.
National Labor Relations Act (NLRA)
The NLRA governs employee organization and collective bargaining. It also prevents unfair labor practices by both employers and unions. Under the NLRA, employees have the right to decide whether to have a union represent them for bargaining purposes. As part of the NLRA, Congress gave the National Labor Relations Board (NLRB) the authority to conduct secret ballot elections on the issue, usually in the workplace of the voting employees. A secret ballot election is conducted when a petition to have such an election has been filed with the NLRB. If the petition for a secret ballot election is approved, such election is held by the regional NLRB office; if a majority of ballots cast approves the decision to organize, the workers at that location will be entitled to organize into a formal union. A similar procedure applies when workers wish to decertify a representative or a union that represents them.
The NLRA does not apply to all workers. The Act specifically excludes from coverage those workers who are:
- Agricultural workers
- Domestic servants
- Employed by a parent or spouse
- Independent contractors
- Supervisors and managers
- Employed subject to the Railway Labor Act
- Employed by state, local or federal government entity
- Employed by anyone who is not defined as an employer under the NLRA
If the workers agree to unionize, the individual employees will then become members of the union and will pay dues into the union to cover the costs of the services provided. A company may have union and non-union workers at the same location.
Collective Bargaining
The NLRA, which establishes procedures for selection of a labor organization to represent employees in collective bargaining, forbids employers from interfering in this process. Under the NLRA, the employer is required to bargain solely with the representative chosen by the employees.
Unions represent employees in collective bargaining processes with employers on a number of issues, including wages and salaries, benefits such as health care insurance and paid time off, general working conditions, and health and safety standards in the workplace. Unions can be useful to employees because they are experienced in negotiation and familiar with the governing laws. Unions that represent a large number of workers usually are in a stronger negotiating position than each worker would be individually.
Conclusion
Eligible workers have the right to elect to have a qualified labor organization represent their interests in the bargaining process. If you have a question about organizing or collective bargaining, contact an experienced employment law attorney at Esteban-Trinidad Law, P.C. in Las Vegas, Nevada, to determine what rights you may have.
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