A Legal Team Who Truly Knows Employment Law
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 PLLC in Manhattan provides skilled legal services to both employers and employees. From enforcing 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.
Experienced Advocates For Employees
Katz Melinger PLLC 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 law attorneys have helped salaried employees and hourly workers recover money they were owed through strong legal advocacy.
We help employees recover pay for:
- Unpaid overtime
- Failure to pay minimum wage
- Improper deductions
- Other wage and hour violations
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 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.
Advisory, Drafting And Litigation Services For Employers
Businesses across a wide range of industries have turned to us for contract drafting, employment law compliance and help resolving disputes. We are often referred clients by colleagues and other firms who trust our experience to assist their referral.
We counsel employers both large and small in drafting and reviewing contracts, including severance agreements and employment contracts. We provide general advice regarding employment law matters and frequently help businesses prepare employment manuals, employee handbooks and other essential policies and contracts to protect their businesses.
If allegations involving discrimination, harassment, and wage and hour claims do occur, our history of successful results has earned us a reputation for skilled advocacy both at the negotiating table and in the courtroom.
What Is The Statute Of Limitations For Employment Claims In New York?
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 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.
For claims regarding an employer’s failure to pay the minimum wage 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. For these reasons, it is critical to act promptly in seeking legal representation to preserve your rights.
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 obligated to investigate all employee claims in good faith and take corrective action when needed. If HR fails to investigate or correct legitimate potential employment violations, then legal action may be appropriate. However, 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, can allow employees to recover damages that are not available under federal law, and it goes 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, increases protections for claims of discrimination by, among other things, expanding the categories of protected classes substantially. 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 as creed, marital status, partnership status, caregiver status, and alienage or citizenship status. The NYC law provides a lower standard of proof to prove discrimination and also allows workers to seek uncapped punitive damages which could be higher than allowed 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 to 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 full litigation, such as a demand letter that is well-grounded in the law. 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 the knowledge you need to make the right decision for you.
A Solutions-Oriented Approach To Employment Law Matters
At Katz Melinger PLLC, you will benefit from our knowledge, skill and dedication to finding the best solutions to our clients’ needs. 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.