Legal Help For NY Employees
Legal advice and representation for those looking to stand up against illegal, toxic, or unethical workplace behaviors.
Employment Law
Serving Businesses Nationwide
Many employee safeguards have been eroded by the courts and legislative action over the years, but employees still have rights. If your rights have been violated by your employer, you can seek redress with the help of an experienced New York employment law attorney.
There are a many laws, both state and federal, that protect you from unfair treatment. These laws and regulations protect workers across a variety of industries. Should an employer violate the law, you may be entitled to financial compensation for any losses that you have suffered.
You deserve to be treated with fairness. Wage theft, discrimination, harassment, and wrongful termination are just some of the issues that happen to hardworking employees. If you have experienced workplace injustice, we can help.
Contact us at 800-593-7491 or via our online request form for a free consultation.
What Laws Protect Employees in the Workplace?
In the past, many employees belonged to a union. This gave them a certain level of protection, as their union bargained for strong agreements with employers. Unionized employees could not be fired “at will,” as employers had to comply with the terms of the collective bargaining agreement.
While unions are still in existence, they do not have the same amount of strength as they once did. Union membership in the United States is currently 10.3%, down from 20.1% in 1983 — the first year that data was collected by the Bureau of Labor Statistics (BLS).
Even with reduced union membership, some employees are protected by contracts with their employers. These employees tend to be executives or other highly compensated individuals. The majority of workers in the United States do not have a contract with their employer that entitles them to specific protections, such as a payout if they are terminated.
For most Americans, protection comes from state and federal law. These laws cover a range of areas, including:
- Wage and Hour: The federal Fair Labor Standards Act (FLSA) sets standards for wages and overtime pay for most private and public employers. Most states have similar laws governing wages and overtime pay.
- Safety and Health: The federal Occupational Safety and Health Act (OSH) regulates safety and health conditions in most private industries. Many states have agencies that enforce provisions of OSH or their own safety laws.
- Workers’ Compensation: All states, other than Texas, require employers to provide workers’ compensation coverage for their employees.
- Whistleblower Protection: Most labor and safety laws contain provisions that protect employees who complain about violations of the law by their employers.
- Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) gives covered employees up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child or the serious illness of the employee or a spouse, child or parent. Many states have their own family and medical leave laws.
- Workplace Discrimination: Title VII of the Federal Civil Rights Act of 1964 prohibits employment discrimination on the basis of an individual’s race, color, religion, sex, or national origin. Many states have anti-discrimination laws that may have expanded protections.
These laws form the basis of many employment law cases, such as retaliation, wrongful termination, and wage and hour claims.
Call Us to Review Your Options
Employment law is a broad field, encompassing a wide range of issues. For example, an employee could be hurt on the job and seek an employment law lawyer for a workers’ compensation matter, while a different employee needs an attorney for a dispute over executive compensation. You need counsel who has experience with the type of case that you are facing — not a generalist. We can help.
Types of Cases We Handle
- Gender Glass Ceiling Discrimination
- Wage Discrimination
- Pregnancy
- Discrimination
- Race Discrimination
- Religious Discrimination
- National Origin Discrimination
- Disability Rights
- Wage Theft
- Equal Pay
- Family and Medical Leave Act Violations
- 1099 Contractor Misclassifications
- Retaliation
- Whistleblower Rights
- Sexual Harassment
- Workplace Assault
- Executive Compensation Disputes
- Executive Breach of Contract
Statute of Limitations for Employment Law Claims
New York law limits the amount of time an individual has to bring a lawsuit. The statute of limitations is the amount of time you have to bring legal action. If the statute of limitations has passed, you won’t be able to file a lawsuit seeking monetary damages. The statute of limitations for common employment law cases are as follows:
- Title VII of the Civil Rights Act: 300 days
- Age Discrimination in Employment Act: 300 days
- New York whistleblower law: 1 year
- Retaliation claims under wage and hour law: 2 years
- Family & Medical Leave Act (FMLA): 2 or 3 years
- Fair Labor Standards Act (FLSA): 2 or 3 years
- New York State Human Rights Law: 3 years
- New York City Human Rights Law: 3 years
- Overtime/minimum wage claims: 6 years
- Breach of employment contract: 6 years
A qualified employment law attorney can review your case to help you determine whether or not it falls within the statute of limitations.