Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the business that is paying them. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation.
Learn More About Employment Law
Most employment is "at-will." Basically, this means that you could quit or be fired for almost any reason, or even no reason at all. However, there are exceptions to that general rule and employees have many safeguards in place to protect their rights. Under current state and federal laws, employers are not allowed to dismiss an employee for their age, race, sex, pregnancy, national origin, color, union activity or in violation of public policy. If you have been dismissed for one of these reasons, contact the attorneys at Cook, Portune & Logothetis to learn more about your options.
Thank you for contacting Cook Portune & Logothetis, LLC. Your message has been sent.
Call us now
or use the form below.
At Cook, Portune & Logothetis, in Cincinnati, Ohio, our attorneys represent workers in pension plan disputes, employment discrimination cases, asbestos and silica exposure lawsuits, executive contract negotiation and other employment law matters. Regardless of the challenges you face, you can contact us for a confidential consultation.
Contact Cook, Portune & Logothetis to speak with a lawyer who has in-depth knowledge of Ohio employment law. Call us toll free at 888-339-0443 or locally at 513-878-1799. Of course, you could also contact us online.
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 Cook Portune & Logothetis in Cincinnati, Ohio, 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 Cook Portune & Logothetis in Cincinnati, Ohio, to determine what rights you may have.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
