Our attorneys are dedicated to handling civil litigation cases involving discrimination and unfair labor practices against employees. Unfair or discriminatory labor practices against employees can occur in a variety of ways, including failure to hire, denial of equal pay for equal work, on-the-job harassment, inappropriate sexual jokes or touching, wrongful discharge, defamation of character, unpaid wages or overtime, denial of leave, and employer retaliation.
What Does Labor and Employment Law Cover?
Our practice involves representing individuals in:
- Discrimination Actions (e.g., sex, race, color, harassment, national origin, religion, age, and disability)
- Harassment (e.g., Sexual Harassment, Hostile Work Environment)
- Unfair Labor Practices (e.g., denial of wages, overtime, and equal pay)
- Defamation of Character
- Denial of Leave (e.g., Family Medical Leave Act, Uniformed Services Employment and Reemployment Rights Act (USERRA))
This area of law deals with employee rights with regard to receiving overtime pay. Under New York , State and Federal laws, certain employees are entitled to overtime pay, and failure to pay overtime is illegal. If you work over forty (40) hours per week you are likely entitled to time and one-half overtime for every hour worked over forty (40) hours each week, even if you are paid a salary. You may also be entitled to liquidated or double damages for overtime violations.
Sexual harassment is illegal under New York , State and Federal laws. Sexual harassment occurs where an employee experiences unfair and unwanted treatment as a result of their gender. Sexual harassment take place in a variety of ways, including, unwanted sexual advancements, vulgar or suggestive remarks of a sexual nature, or even inappropriate touching. It can be verbal as well as physical. When the harassment continues against the victim’s protests, where the harassment interferes with an employee’s ability to do his or her job, or where it creates a hostile work environment for the employee, that employee has the legal rights to stop the harassment and can and should seek to enforce them.
When an employee suffers at work and this action is based on characteristics unrelated to their work abilities, he or she may be protected under state and federal laws prohibiting these actions.
To have legal protection from discrimination, you must be a member of a protected class of people. Protected class members may suffer from:
• race discrimination
• national origin discrimination
• age discrimination
• sex discrimination
• sexual orientation discrimination
• pregnancy discrimination
• religious discrimination
• discrimination due to one’s disability
There are severe remedies under New York, State and Federal law which serve to protect employees from illegal discrimination. These may include:
• Financial damages against employers
• The right to recover lost and future earnings and benefits
• The right to recover money for emotional distress
• If the discrimination is willful, punitive damages may apply
• Reinstatement of lost position
• The payment of legal fees