Employment discrimination is against New York City, state and federal law. An employer cannot discriminate against a current worker or an applicant because of that person’s race, color, gender, gender identity, pregnancy, certain criminal history, credit history, age, marital status, or disability. If you believe that you have been discriminated against by your current employer or a prospective employer, please fill out the contact form and we will respond as soon as possible without charge.
Workers in New York and New Jersey are entitled to be paid the highest minimum wage as mandated in each state. If you are required to work more than 40 hours per week, you may be entitled to be paid time-and-a-half for overtime. Claims can be brought under state law as well as under the federal Fair Labor Standards Act.
If you believe you have not been paid the minimum wage or for overtime, you may have a claim against your employer.
It is against the law for your employer to fire or otherwise punish you because you have complained about your company’s unlawful or discriminatory actions, even if those actions were not directed toward you. Reporting possible illegal actions to the authorities is called blowing the whistle, and is protected by various state and federal laws.
These laws provide protection against retaliation for your complaining about unsafe working conditions, including complaints regarding inadequate protections from exposure to the Covid-19 virus.
If you have been fired, demoted or had your hours reduced because you complained about unlawful or discriminatory conduct, or unsafe working conditions, you should fill out our contact form right away.
Most employees are considered “at will,” meaning they can be terminated for no reason if not protected by state or federal laws. In some cases, employees are asked to sign an employment contract. These contracts routinely contain “non-compete,” “non-solicitation,” or “confidentiality” provisions that can negatively affect your ability to take another job in the field in which you are most qualified.
If you have been asked to sign such a contract and wish to negotiate more favorable terms, contact us so we can begin a contract review.
Both federal and state laws provide for family and medical leave rights for most employees. Family and medical leave can apply to situations such as (but not limited to) when a child is born, the employee needs medical treatment that temporarily prevents him or her from working, or an immediate family member requires short-term (but full-time) caregiving.
When these situations arise, an employee is entitled to take leave under whichever provision (federal or state) is more beneficial to him or her.
The federal Family and Medical Leave Act allows eligible employees to take up to 12 weeks off during a 12-month period. In New Jersey, the NJ Family Leave Act entitles qualifying employees to take up to 12 weeks of family leave in a 24-month period without losing their jobs. In New York, effective January 1, 2018, nearly all employers in the state are required to secure paid family leave insurance coverage for their employees.