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Labor And Employment Law - Legal Information and Resources

Labor And Employment

Labor law in the United States protect both the employer and the employee. The main goal of labor law, in relation to employees, is fair wages and anti-discriminatory practices. Employers are also protected by law from unscrupulous practices of employees. For both sides, labor law facilitates a smooth bargaining relationship. American labor law is governed by federal and state law and case precedents. States, however, are prohibited from interfering with federal statutory law or with the guidelines promulgated by federal government agencies.

The National Labor Relations Act gives employees the right to join labor unions, collectively bargain, and strike. Both employer and employee are given equal footing for the parties to engage in good faith bargaining. The NLRA is a federal law and governs businesses that operate interstate. The NLRA created the National Labor Relations Board to hear disputes under the NLRA and to determine which union will represent a set of employees. The NLRB also investigates and prosecutes cases alleging violations of the NLRA. Specific laws were created to govern employers and employees in select industries. For example, railroad and airline companies and workers are governed by the Railway Labor Act. Employees and agencies in the federal public sector are governed by the Federal Service Labor-Management Relations Act.

One of the issues arising from labor law would be termination. A federal law, called the Worker Adjustment and Retraining Act, requires companies to notify their employees 60 days prior to any plant closing or mass layoffs. A violation of this legal requirement has led to serious repercussions for numerous companies. Plant closings and mass layoffs are two indications of financial troubles and bankruptcy. Another issue arising from labor law is when a company seeks protection under the Bankruptcy Code. A company can either reorganize, in which case the company will terminate only a certain number of employees but retain others for the continuance of business operation, or liquidate, in which case, the company will halt operations and let go of all employees. Amending the collective bargaining agreements of employees a common reorganization tool for debtors. In cases of conflict between the Bankruptcy Code and the NLRA, the NLRA generally prevails.

The labor union is an important aspect of the American industry. Unions do not just bargain for employees, they also take into consideration the welfare of the company, as without the company, no employment would exist. Unions do not just bargain for increased wages and benefits, they also often forgo these things in exchange for job security. Unions give voice to employees and have influenced numerous developments in the areas of labor and employment as they now are today. Unions are thus crucial in the existence of industries. Bargaining, however, with companies, especially if they are major corporations, is difficult, and, without any legal aid, unions may not be able to stand up against these companies. In cases where companies are operating throughout the United States and the world, unions need labor law attorneys who are knowledgeable of both American and foreign labor laws to ensure that workers are protected from unfair labor practices.

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Collections Law - Legal Information and Resources

Collections Law

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.

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