Looking for a Labor & Employment Attorney

Employment disputes arise when conflicts occur between employers and employees regarding compensation, working conditions, or contractual obligations. Wage and hour violations represent a significant category of disputes, where employees claim they were not paid minimum wage or overtime compensation as required by law. Wrongful termination claims occur when employees believe they were fired illegally, such as in retaliation for reporting safety violations or refusing unethical conduct. A labor & employment attorney can evaluate the merits of your case and pursue appropriate legal remedies. Discrimination and harassment claims also fall under employment disputes, involving unlawful treatment based on protected characteristics. These disputes require experienced legal representation to navigate complex procedural requirements and evidence standards.

Employers must comply with numerous federal and state employment laws to avoid costly litigation and penalties. These requirements include maintaining proper wage records, providing safe working conditions, and following anti-discrimination protocols. New York employment law mandates that employers provide written notice of employee rights, maintain confidentiality of employee information, and follow specific procedures for termination. A labor & employment attorney ensures your organization meets all compliance obligations and reduces legal exposure. Additionally, employers must establish clear policies regarding harassment, accommodations for disabilities, and family leave entitlements.

Discrimination can manifest in various forms throughout the employment relationship, from hiring decisions through termination and everything in between. Racial discrimination involves treating employees unfairly based on race or color, which can affect promotions, assignments, and compensation decisions. Sex discrimination includes unequal pay for equal work, sexual harassment, and adverse actions based on gender or pregnancy status. Age discrimination typically affects workers over forty who face termination, demotion, or reduced hours based solely on their age. Religious discrimination occurs when employers fail to accommodate sincerely held religious beliefs or practices in the workplace. Disability discrimination happens when employers fail to provide reasonable accommodations or discriminate against qualified individuals with disabilities. A labor & employment attorney investigates these violations and pursues claims through administrative agencies or litigation.

Employees who experience discrimination must follow specific procedural steps to preserve their legal rights. Filing a charge with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (DHR) is typically the first step in addressing discrimination claims. These agencies investigate complaints and attempt to resolve disputes through mediation or conciliation. If administrative remedies fail, employees may pursue civil litigation in court with proper legal representation. A labor & employment attorney guides clients through the administrative process and prepares them for potential litigation, ensuring all deadlines are met and documentation is properly maintained.

Effective employment contracts include essential provisions that clarify expectations and protect both parties. The contract should specify job duties, compensation structure, benefits eligibility, and at-will employment status or term length. Non-compete clauses restrict employees from working for competitors after employment ends, though New York courts scrutinize these provisions carefully. Confidentiality and non-disclosure agreements protect proprietary business information and trade secrets from unauthorized disclosure. Intellectual property provisions clarify ownership of work product created during employment, which is particularly important in creative and technology industries. A labor & employment attorney ensures these provisions are legally enforceable under New York law and reflect the parties' actual intentions.

When employment relationships end, severance and separation agreements establish the financial and legal terms of departure. These agreements typically include final compensation, continuation of benefits, references, and release of legal claims. Employees often receive severance payments in exchange for releasing potential employment claims against the employer. A labor & employment attorney reviews these agreements to ensure employees understand their rights and receive fair compensation for their claims. Employers rely on these agreements to resolve disputes efficiently and protect themselves from future litigation.

Employers must properly classify employees as exempt or non-exempt based on their job duties and compensation levels. Misclassification represents one of the most common wage and hour violations, where employers treat hourly employees as salaried exempt workers to avoid overtime obligations. A labor & employment attorney identifies misclassification schemes and helps employees recover unpaid overtime compensation. Employers benefit from legal guidance ensuring proper classification and timely payment of all required compensation.