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Answering Common Questions About Employment Law

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, call Katz Melinger PLLC at 212-460-0047.

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.

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

Workers should report suspected violations of employment law to their human resources department as a first step. Human resources is obligated to investigate all employee claims in good faith and take corrective action when needed. If human resources fails to investigate or correct legitimate potential employment violations, then legal action may be appropriate.

Does New York Have Additional Employee Protections?

Yes, the New York Labor Law often increases employee protections beyond federal laws. In addition, municipalities can pass ordinances for workers — for example, workers' minimum wage. To fully understand your rights and obligations under state and federal law, email us to set up an initial consultation.