212-460-0047
Call

Employment Lawyers in New York: Advocating for Your Rights

Having troubles at work and not sure if your rights are being respected? We are New York employment lawyers that advocate for employee rights and are dedicated to defending you and ensuring just treatment in the workplace. New York has complex employment laws. To stay on top of this ever-shifting legal landscape, you need the knowledge of an experienced and respected employment law firm.

Katz Melinger in Manhattan provides skilled legal services to both employers and employees. From enforcing and challenging noncompete agreements to standing up for workers’ rights regarding discrimination and sexual harassment, our firm has successfully represented numerous clients in civil litigation and employment contract drafting and enforcement.

Katz Melinger has had notable success in wage and hour claims and discrimination claims. Many employees are unaware of their rights under wage and hour laws. Our employment attorneys have helped salaried employees and hourly workers recover money they were owed through strong legal advocacy.

We help employees recover pay for:

Whether you have a question regarding unlawful discrimination by your employer, your rights in a whistleblower claim, or your leave under the Family and Medical Leave Act, our knowledgeable legal team has represented clients across a variety of employment matters.

If your employer has not been paying all you are owed under the law, you may be entitled to more compensation than you realize. Contact our NYC employment lawyers at 212-460-0047 to discuss your situation and legal options. We represent clients in all New York City boroughs, Nassau County, Suffolk County, Westchester County and its surrounding areas, and northern New Jersey. Don’t let unpaid wages go unnoticed. Take the first step towards fair compensation by reaching out to our experienced lawyers.

Employment law written on tablet.

Understanding New York Employment Law

New York employment law offers robust protection for employees. The New York State Human Rights Law and New York City Human Rights Law establish frameworks to prevent unjust dismissal. Further, the Pregnant Workers Fairness Act ensures protection from discrimination in the workplace, offering a safety net for employees. For any legal assistance, New York City employment lawyers at Katz Melinger can help navigate these complex laws.

Wage and hour regulations in New York are comprehensive, covering aspects such as:

  • Minimum wage standards
  • Industry-specific laws such as Hospitality, Building superintendents, and domestic service workers
  • Remedies against wage theft
  • Unpaid overtime

Employees are entitled to overtime pay for hours worked beyond 40 in a week, a provision that ensures fair compensation for their efforts.

Employment agreements in the state can be express and written, or implied from verbal promises, employer actions, or documented procedures. Although private-sector employers need not have just cause to terminate those who are employed “at will”, employees who work under an employment contract may have increased protection.

Staying updated with these continuous modifications in New York employment law is vital, considering their significant influence on the rights and remedies available to employees.

Understanding New Jersey Employment Law

New Jersey’s employment law framework is designed to protect workers and ensure fair treatment within the workplace. Similar to New York, New Jersey offers a variety of protections to its workforce, but there are unique aspects of New Jersey law that employees and employers must be aware of.

The New Jersey Law Against Discrimination (NJLAD) is one of the most comprehensive anti-discrimination laws in the United States. It prohibits discrimination in employment and provides broader protections than many federal laws. NJLAD covers a wide range of protected categories, including race, creed, color, national origin, ancestry, age, marital status, familial status, sex, gender identity or expression, disability, and atypical hereditary cellular or blood trait.

Wage and hour laws in New Jersey are also robust, ensuring that workers receive fair pay for their labor. The state enacted legislation that has gradually increased the minimum wage to $15.13 per hour for most employees as of January 1, 2024, which was intended to support a living wage for all workers. New Jersey also has strict regulations regarding the payment of overtime, mandating that employees receive one and a half times their regular hourly pay rate for hours worked over 40 in a workweek.

Another significant aspect of New Jersey employment law is the Paid Sick Leave Act, which requires employers to provide paid sick leave to every employee. This act allows workers to accrue up to 40 hours of paid sick leave per year, which can be used for their own medical needs or to care for a family member.

The New Jersey Family Leave Act (NJFLA) is an additional layer of protection that allows eligible employees to take up to 12 weeks of unpaid leave in a 24-month period for the birth or adoption of a child, or to care for a family member with a serious health condition without fear of losing their job.

Employers in New Jersey must also comply with the Conscientious Employee Protection Act (CEPA), often referred to as the “Whistleblower Act.” CEPA protects employees from retaliation when they disclose or object to activities that they believe are illegal or violate public policy.

The attorneys at Katz Melinger are prepared to assist both employers and employees with understanding their rights and obligations under New Jersey law. Whether it’s ensuring compliance with the latest regulations or representing individuals in employment disputes, our legal expertise extends to the Garden State, providing the same level of skilled advocacy and personalized service that we offer in New York.

Federal Employment Law Compliance

In addition to state laws, federal employment laws set nationwide standards for worker protection. These laws include acts such as the Fair Labor Standards Act, and the Family and Medical Leave Act. Adhering to these laws is obligatory to uphold a just and balanced workplace, and federal and state courts play a crucial role in ensuring compliance.

Statute Of Limitations For Employment Claims

Many people wonder how much time they have to file a lawsuit if their employer breaks the law. It’s a complex question, and the answer varies according to the type of claim you are making and whether it involves a violation of local, 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 and New Jersey alleging a discrimination claim under federal law typically must file with the Equal Employment Opportunity Commission (EEOC) within 300 days of the date when the alleged discrimination occurred. A discrimination claim under the New York City or State Human Rights Law must be brought within three years after the discriminatory act, while the NJLAD imposes a two-year statute of limitations on New Jersey employees who experience discrimination in the workplace.

For claims regarding an employer’s failure to pay minimum or overtime wages, the limitation period varies. Under state law, employees can file a claim within six years of the violation. However, wage and hour claims under federal law must be brought within either two or three years of the violation, depending on the circumstances.

Navigating these complexities can be challenging, and having New York employment lawyers from Katz Melinger on your side can provide the necessary guidance and representation.

The Role of the Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) plays a crucial role in protecting employee rights against employment discrimination. All services provided by the EEOC are free of charge, making it a vital resource for employees facing discrimination or harassment at work.

Legal counsel can assist with EEOC complaints by:

  • Ensuring that claims are properly filed
  • Providing necessary documentation to the EEOC
  • Helping claimants understand their rights
  • Assessing the strengths and weaknesses of their case
  • Explaining the potential outcomes of their EEOC claim

Even though it’s not mandatory to have a lawyer file an EEOC charge on your behalf, having legal representation from Katz Melinger can be beneficial for navigating the complexities of the process and advocating for the claimant’s wishes.

Championing Employee Rights in New York

A team of workers discussing work.

As a firm committed to championing employee rights, Katz Melinger has a strong focus on strengthening the enforcement of worker rights, deterring employer abuses, and assisting low-income workers earn a living wage. This dedication transcends mere representation. It revolves around promoting justice, fairness, and respect in the workplace.

Katz Melinger advocates for legal protections that guard against discrimination, harassment, and wrongful termination. Our profound understanding of employment law helps us strongly advocate for our clients, especially within the intricate legal landscape of New York. Our approach is personalized, focused, and designed to secure positive outcomes for our clients.

Legal Experience in Discrimination and Harassment Cases

Discrimination and harassment in the workplace are unfortunately common issues faced by employees. Katz Melinger is known for successful representation in employee discrimination cases. Our legal advocates offer individualized assistance to clients whose rights were infringed upon at work, protecting their interests and fighting for justice.

The attorneys at Katz Melinger handle a breadth of cases, including:

  • Age discrimination
  • Pregnancy discrimination
  • Sexual harassment
  • Race and religious discrimination

Our attorneys understand the nuances of each type of discrimination and harassment claim, enabling us to build strong cases for our clients.

Our firm’s deep understanding of laws such as the New York State Human Rights Law and Title VII of the Civil Rights Act is fundamental in fighting against workplace discrimination. Our proficiency in these areas optimizes our representation of clients who are victims of discrimination or harassment.

Protecting Workers from Hostile Work Environments and Quid Pro Quo Harassment

A hostile work environment is characterized by offensive or abusive behavior that interferes with an employee’s ability to perform their job. This includes behaviors like:

  • Offensive jokes
  • Slurs
  • Intimidation
  • Unwanted touching

All of these behaviors are related to protected characteristics under anti-discrimination law.

Quid pro quo harassment, another form of workplace harassment, occurs when job benefits such as promotions, raises, or continued employment are conditioned on the acceptance of unwelcome sexual advances or requests for sexual favors. This type of harassment is particularly insidious as it directly links an employee’s economic or job security to sexual coercion.

To establish a claim of a hostile work environment, it must be demonstrated that the workplace is permeated with severe or pervasive offensive behavior directed at protected characteristics. This conduct must be severe or pervasive enough to meet the ‘reasonable person’ standard. Similarly, a single incident of quid pro quo harassment can be sufficient to constitute a legal claim due to the inherent abuse of power involved.

Victims of hostile work environments or quid pro quo harassment should collect evidence and act within the limited timeframe for filing claims.

It’s important for employees who believe they are victims of harassment or a hostile work environment to consult with an experienced employment law attorney. Katz Melinger provides guidance on legal options and the pursuit of justice for these employees. Our experience and commitment to protecting employee rights make us a trusted ally in such situations.

Securing Justice for Wrongful Termination

Wrongful termination is a serious violation of an employee’s rights. In New York, wrongful termination refers to an employee being dismissed for illegal reasons, which includes violations of employment laws or terminations that are against public policy. Victims of wrongful termination deserve justice, and Katz Melinger is committed to ensuring that they get it. Our experienced legal team is prepared to advocate for you in state and federal courts, administrative agencies, and arbitration, navigating the complexities of various legal systems to secure the justice you deserve.

Recovering Unpaid Wages and Overtime Pay

Unpaid wages and overtime pay are common issues faced by many employees. Katz Melinger aids employees in claiming unpaid wages and overtime pay under New York, New Jersey, and federal law, including for low-income workers. We believe that every worker deserves fair compensation for their efforts and are committed to ensuring that they receive it.

Employees in New York State and New Jersey are protected by specific wage regulations. These regulations ensure that employees are entitled to the local prevailing wage and have access to detailed fact sheets to understand their rights to minimum wage and overtime pay. Katz Melinger’s deep understanding of these regulations enables them to effectively represent clients in wage and hour disputes across both states.

In New York, employers are required to pay any outstanding wages by the next regular payday after termination per state law. Similarly, New Jersey law mandates prompt payment of earned wages and includes measures to protect employees from unfair pay deductions and to ensure they receive overtime when due. Victims of unpaid overtime in both states are entitled to seek not only unpaid wages but also additional compensation through attorneys’ fees and liquidated damages, potentially doubling the amount owed. Katz Melinger is primed to assist employees in pursuing the compensation they are entitled to.

Litigation Defense in Wage/Hour and Discrimination Claims

When disputes escalate, litigation defense becomes a critical service provided by employment lawyers. Katz Melinger defends employers against wage/hour and discrimination claims. Our approach involves a thorough review of the employer’s practices and policies to ensure compliance with applicable laws and to mount a robust defense against any claims.

Our firm has a strong track record of representing businesses in litigation concerning allegations of unpaid wages, overtime disputes, and misclassification of employees. We understand the nuances of the Fair Labor Standards Act (FLSA), New York Labor Law, and other relevant statutes, and we apply this knowledge to protect our clients’ interests in court.

In discrimination claims, both in New York and New Jersey, we work diligently to refute allegations by showcasing our clients’ commitment to equality and fair treatment in the workplace. Our attorneys are adept at navigating the complexities of the New York State Human Rights Law, the New Jersey Law Against Discrimination (NJLAD), Title VII of the Civil Rights Act, and other anti-discrimination laws. We focus on minimizing liability and safeguarding the reputation of our clients throughout the litigation process.

Katz Melinger’s experience in employment law litigation ensures that employers receive skilled advocacy at every stage of the court proceedings. Whether it’s pre-trial negotiations, discovery, or trial, we are prepared to defend our clients vigorously against wage/hour and discrimination claims. Our goal is to achieve the best possible outcome for our clients, whether that means a favorable settlement or a successful verdict in court.

Advocacy Beyond the Courtroom

While litigation is an important aspect of employment law, advocacy extends beyond the courtroom. Katz Melinger offers comprehensive advisory services for employers, focusing on compliance, risk prevention, and proactive measures to prevent legal disputes. Our approach is holistic and tailored to the needs of businesses and not-for-profit organizations of all sizes, in various industries around the globe. Our attorneys are deeply knowledgeable in employment law and handle a variety of issues, adhering to federal, state, and country-specific laws.

Protecting employee rights against discrimination, harassment, and unfair termination is central to the advice and advocacy provided in crafting employment contracts and severance agreements. By installing and enforcing ideal practices and compliance measures aligned with New York employment laws, employers can prevent future wrongful termination claims.

Resolving Employment Disputes with Alternative Methods

A woman isolated from her coworkers.

Employment disputes can be stressful and time-consuming. Traditional litigation can be a lengthy process, but there are alternative methods of resolving these disputes. Mediation and arbitration serve as effective, fair, and relatively low-cost alternatives to litigation for resolving workplace conflicts in New York.

Early mediation in employment disputes can preempt the acrimony usually associated with protracted legal battles. It allows for resolution in a manner that maintains confidentiality and can be more satisfactory for all parties involved. Arbitration, on the other hand, offers a tailored discovery process and the opportunity to select an experienced neutral arbitrator.

Katz Melinger evaluates each case to determine the most advantageous method of resolution for our clients, whether that be arbitration, mediation, litigation, or direct settlement negotiations with an adversary. Our aim is consistently to prioritize our client’s interests and pursue the most effective and efficient resolution.

How Katz Melinger Can Help You in Employment Law Matters

Understanding employment laws and the protections they offer is essential for both employers. Employment lawyers like those at Katz Melinger play a crucial role in navigating these laws, advocating for employee rights, and ensuring fair practices in the workplace. Whether it’s representing victims of discrimination or harassment, securing justice for wrongful termination, or helping employees claim unpaid wages and overtime pay, Katz Melinger is committed to protecting employee rights and ensuring justice in the workplace.

At Katz Melinger, we provide:

  • Customized, compassionate legal support
  • Tailored strategies
  • Responsive communication
  • Clear legal options that suit each client’s unique circumstances
  • Seasoned experience in various legal areas
  • Advocacy focused on effective and efficient results

Katz Melinger serves clients in the following areas:

  • New York City
  • Nassau County
  • Suffolk County
  • Westchester County
  • Northern New Jersey
  • Southern District of New York (Rockland, Putnam, Orange, Dutchess and Sullivan Counties)

At Katz Melinger PLLC, you will benefit from our knowledge, skill, and dedication to finding the right solutions to our clients’ needs making us a trusted member of the National Employment Lawyers Association. We pride ourselves on the personalized approach we take to each client. We combine creative solutions with diligent advocacy, and we will put that approach to work for your individual needs. Call us at 212-460-0047 to begin protecting your financial and legal interests. You can also schedule your initial consultation online.

The information provided should not be taken as legal advice. For the most current and thorough details on your employment law needs, seek assistance from a legal professional by contacting a qualified attorney.

Frequently Asked Questions

What Is The Role Of Human Resources In Employment Law Violations?

Workers may consider reporting suspected violations of employment law to their human resources (HR) department. HR departments are supposed to investigate all employee claims in good faith and take corrective action when needed. However, if your company’s HR department fails to investigate or correct legitimate potential employment violations, or if your employer does not have an HR department or you are unsure about whether to report what you have experienced, reach out to an employment attorney for guidance.

Does New York Offer More Protections to Employees Than Federal Law?

Yes, in many cases, New York law provides more protection to employees than federal law.

The New York Labor Law, which governs wage and hour laws, allows employees to recover damages that are not available under federal law and extends back six years as opposed to two or three years under federal law. Additionally, municipalities can pass ordinances to provide even more protections for employees who work in that city, such as a higher minimum wage.

The New York State Human Rights Law and certain local laws, such as the New York City Human Rights Law, increase protections for claims of discrimination by, among other things, substantially expanding the categories of protected classes compared with federal law. For instance, under the New York City Human Rights Law, workers can bring claims for discrimination based on perceived age, as well as such categories including creed, marital status, partnership status, caregiver status, and alienage or citizenship status. The NYC law further protects employees by requiring a lower standard of proof for discrimination claims and allowing workers to seek uncapped punitive damages, which may be significantly higher than damages awarded under federal law.

Does New Jersey Offer More Protections to Employees Than Federal Law?

Yes, New Jersey law often provides more protection to employees than federal law.

The New Jersey Labor Law, which governs wage and hour laws, offers remedies that can exceed those available under federal law, with a longer statute of limitations for certain claims. In New Jersey, employees may seek damages for wage and hour violations going back six years, rather than the two or three years under federal law. Additionally, municipalities within New Jersey may enact ordinances that grant additional protections to employees, such as higher local minimum wages.

The New Jersey Law Against Discrimination (NJLAD) expands protections for employees beyond federal statutes by covering a broader range of protected characteristics. For example, NJLAD allows employees to pursue claims of discrimination based on a wide array of factors, including but not limited to perceived or actual race, creed, color, national origin, ancestry, age, marital status, familial status, sex, gender identity or expression, disability, and atypical hereditary cellular or blood trait. NJLAD also sets a lower burden of proof for discrimination and permits the pursuit of uncapped punitive damages, which can be more substantial than those available under federal law.

I Know Retaliation Is Prohibited, But Is It Safe To Talk To A Lawyer?

Yes, it is. In the initial stages of an inquiry, no one needs to know you are speaking to a lawyer (our firm offers confidential consultations). If you decide to act on your claim, it can be advantageous for your boss to know that you have a lawyer because it shows that you are serious about protecting your rights. Whether or not to let your employer know that you have spoken with a lawyer is something you can discuss during your initial consultation.

You should also remember that retaliation is more than just termination. If you are suspended or demoted, or if your boss tries to make your work life unbearable because you made a complaint or hired a lawyer, these actions provide even more evidence for you in litigation.

Does Talking To A Lawyer Mean I’ll Be Involved In A Lawsuit?

No. Talking to a lawyer is a good first step in taking legal action, but it doesn’t commit you to litigation (or any further action, for that matter). For example, you may talk to a lawyer and decide not to take any action. If you want to resolve an issue with your employer but not file a lawsuit, we can communicate with the company on your behalf and try to negotiate a deal. Some legal problems can be solved using tools other than litigation, such as a demand letter that is well-grounded in the law. At Katz Melinger, we can also help you file a claim with the Equal Employment Opportunity Commission or the New York State Division of Human Rights. Even if you begin litigation, most cases settle before trial. You are likely to have several options; our role is to provide you with the knowledge you need to make the right decision for you.

Testimonials