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Answering Common Questions About Employment Law

Employment Law FAQ

While we are happy to discuss any questions you have during your initial consultation, certain common questions tend to recur. Below you can find answers to those common questions. If you would like more information about our services or need legal help regarding an employment law matter, contact Katz Melinger PLLC at 212-460-0047.

What Laws Govern Overtime Pay In New York City?

Both state and federal laws address overtime pay in New York City. The Fair Labor Standards Act (FLSA) is a federal law and the New York Labor Law ("NYLL") is a state law, each provide that every non-exempt employee must receive minimum wage and is entitled to time-and-a-half pay for every hour worked over 40 in a week. Under the FLSA and NYLL certain occupations are exempt and not entitled to overtime pay. Whether an employee is entitled to overtime under the FLSA or NYLL is often a fact specific question that requires a detailed analysis of the employee's job duties.

Who Is Protected Under Title VII Of The Civil Rights Act?

Title VII of The Civil Rights Act prohibits employment discrimination based on a worker's race, color, sex, religion, national origin or pregnancy. Title VII applies only to these specific characteristics. It also applies only to employers with 15 or more employees. However, if there are less than 15 employees there may still be legal claims under state or local laws.

Do Any Other Protected Classes Exist?

The Age Discrimination in Employment Act is a federal law that prohibits discrimination on the basis of age. It applies to employers with 20 or more employees.

New York has created additional protected classes through state law. These additional protected classes cover genetic information, marital status, military status, sexual orientation, lawful recreational activities, political activities, domestic abuse victims and service dog use.

New York City has also enacted laws that further expand the list of protected classes. These include unemployment status, alienage or citizenship status, caregiver status, gender identity and credit history.

Additionally, under the Fair Chance Act, employers are prohibited from asking about a criminal record prior to making a job offer, although exceptions exist for some occupations.

What Is The Statute Of Limitations For Employment Claims In New York?

How long you have to file a lawsuit is a complex question that varies according to the type of claim you are making. The answer also depends on whether the allegation involves a violation of state or federal law.

The statute of limitations for an employment claim can range from months to years. In many cases, however, there is only a short window of time to file a claim. For example, employees in New York often must file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of the date when the alleged discrimination occurred. In claims for failure to pay the minimum wage or overtime wages you may be able to file a claim within six years of the violation.

Have More Questions? We Have Answers.

For answers to your specific questions, contact one of our attorneys at 212-460-0047 to discuss your legal rights.