Labor law violations are a persistent problem in New York City. Even though NYC has some of the most stringent labor laws and regulations in the country, many employers tend to violate these laws to cut costs and maximize their profits.
If your employer has violated federal or state labor laws and has deprived you of the benefits and opportunities you deserve, you need an experienced and capable labor lawyer NYC on your side to hold them accountable for their violations and protect your rights.
At Levine & Blit, we have highly skilled NYC labor lawyers who are dedicated to fighting for the rights and interests of workers. Our award-winning lawyers bring more than 100 years of combined legal experience to the table and are best equipped to handle even the most complex labor law claims.
Call our law firm today at 646-461-6838 to schedule a free evaluation with one of our seasoned NYC employment lawyers.
👉Also Read: Protecting Your Workplace Rights: The Vital Role of Labor Attorneys in New York
Top 5 Reasons Why You Need a Labor Lawyer in NYC
Wage and Hour Disputes
Wage and hour violations are by far the most common type of labor law violations in New York. Data shows that workers in the 10 most populous states in the US (including New York) lose more than $8 billion every year due to wage and hour violations.
The most common examples of wage and hour violations in NYC include:
- Failing to pay you the legally mandated minimum wage for your work hours
- Not compensating you for overtime hours worked beyond the standard 40-hour workweek at the appropriate rate of one and a half times your regular hourly wage
- Misclassifying you as an independent contractor to avoid providing benefits and protections like minimum wage, overtime pay, pension contributions, and health insurance
- Violations related to tips like illegal tip pooling arrangements or employers withholding tips from employees
Workplace Discrimination
The New York City Human Rights Law (NYCHRL) protects workers against discrimination in the workplace based on race, gender, national origin, age, disability, and a wide range of other characteristics. It’s far more comprehensive than federal anti-discrimination laws and covers several protected characteristics that aren’t covered under federal law.
The most common examples of workplace discrimination in NYC include:
- Refusing to hire you or promote you due to your race, gender, age, religion, sexual orientation, disability, or any other protected characteristic
- Paying you differently for performing the same job as others due to your gender, race, or any other protected characteristic
- Subjecting you to unwelcome or offensive behavior like verbal abuse, threats, or unwanted sexual advances
- Discriminating against you due to your physical or mental disability or failing to provide reasonable accommodations
- Treating you unfairly because of pregnancy, childbirth, or related medical conditions
- Treating you less favorably or denying you opportunities for career advancement because of your age
Workplace Sexual Harassment
Workplace sexual harassment is prohibited under the New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and the Stop Sexual Harassment in NYC Act.
Common examples of workplace sexual harassment in NYC include:
- Making unwelcome sexual advances, propositions, or requests for sexual favors
- Making sexually suggestive comments, jokes, or innuendos
- Making unwanted physical contact like touching, patting, hugging, grabbing, groping, leaning in too close, or brushing up against you
- Showing or sharing sexually explicit images, videos, or materials in the workplace – whether in physical or digital form
- Demanding sexual favors from you in return for employment-related benefits
Wrongful Termination
Wrongful termination – also referred to as wrongful dismissal or wrongful discharge – occurs when you are terminated in violation of your employment contract or state or federal employment laws. It also occurs when you are forced to quit your job due to intolerable working conditions.
Common examples of wrongful termination in NYC include:
- Terminating you due to your race, gender, age, disability, sexual orientation, or any other protected characteristic
- Dismissing you in violation of the terms of your employment contract
- Terminating you in retaliation for engaging in legally protected activities like filing a complaint of discrimination or harassment, reporting workplace safety violations, or participating in a lawful union activity
- Terminating you for taking leave under the Family and Medical Leave Act (FMLA), New York Paid Family Leave (PFL), or other applicable laws
- Creating intolerable working conditions to such an extent that you are forced to resign
Retaliation
Retaliation refers to the adverse or punitive actions taken by your employer against you for exercising your legal rights or engaging in legally protected activities. These include filing complaints or participating in investigations related to workplace discrimination, harassment, or other employment law violations, requesting reasonable accommodation for your disability, participating in legal proceedings related to employment law violations, and organizing or joining a union.
Common examples of employer retaliation in NYC include:
- Taking disciplinary action against you without any valid reason
- Giving you unjustifiably bad performance reviews
- Excluding you from training opportunities, work assignments, promotions, contests, and work-related social events
- Harassing or mistreating you
- Reducing your work hours or pay
- Demoting you from your position
- Terminating you
- Creating a hostile work environment to force you to quit on your own
👉Also Read: Drafting Ironclad Employment Contracts: Getting Insights From Top Labor Lawyers in NYC
Why Quality Legal Representation Is Extremely Important in Labor Law Disputes in NYC
Complexity of Laws: Labor laws can be complex and multifaceted – with regulations at federal, state, and local levels. Understanding which laws apply to a specific situation and how they intersect can be incredibly difficult without legal expertise.
Lack of Awareness: You might not be fully aware of the rights and protections available to you under federal, state, and local labor laws. As a result, you might not recognize when your rights are violated and might not know how to address violations effectively.
Burden of Proof: Proving labor law violations often requires substantial evidence to demonstrate that the employer engaged in unlawful conduct. This might include documentation, witness testimony, and other forms of evidence, which can be challenging for you to gather and present without legal assistance.
Power Imbalance: As an employee, you might feel intimidated when confronting your employer about labor law violations due to the power imbalance in your employment relationship. Legal representation can help level the playing field by protecting your rights and advocating for your interests aggressively.
Fear of Retaliation: You might feel hesitant to assert your rights in the workplace or challenge your employer’s conduct due to fear of retaliation. Legal assistance can help mitigate this fear by protecting you against potential retaliatory actions.
Limited Resources: As an employee, you might lack the resources, time, and legal knowledge to pursue legal action against your employer independently. Legal assistance can provide access to the resources, expertise, and support necessary to effectively pursue your claim.
Legal Processes and Deadlines: Navigating legal processes like filing administrative complaints or pursuing litigation can be complex and time-sensitive. Missing deadlines or failing to meet procedural requirements can jeopardize your claim against your employer and make it difficult for you to get justice. It is one of the most important reasons why you need a capable labor and employment attorney NYC on your side.
How Our New York Employment Lawyers Can Help You with Collective Bargaining and Union Representation
Under the National Labor Relations Act (NLRA) and the New York State Labor Relations Act, you have the right to join together with your coworkers to form, join, or assist labor unions and engage in collective bargaining with your employer to negotiate wages, benefits, working conditions, and other terms of employment.
Here’s how our New York City labor lawyers can assist you with union-related activities.
- If you are considering forming or joining a labor union, we can provide you with valuable guidance and legal assistance throughout the process. From educating you on your rights to petitioning for union representation, we can be with you every step of the way.
- We can draft and negotiate collective bargaining agreements with your employer. We can work with your union leadership to identify your priorities, assess your employer’s bargaining position, and develop effective strategies to achieve your goals while protecting your rights.
- If negotiations with your employer break down, we can represent your union in mediation, arbitration, and other dispute resolution proceedings as well as litigation if necessary.
- If your employer engages in unfair labor practices, violates your rights, or fails to enforce the terms of your collective bargaining agreement, we can take swift action to hold them accountable and pursue legal remedies.
- We can provide legal assistance on internal union affairs like union elections, member relations, imposition of disciplinary fines, regulation and control of union funds, and more.
- We can represent you at Administrative Law Judge hearings and in state and federal courts for all labor law-related litigation
👉Also Read: From Confusion to Clarity: The Top Reasons to Consult NYC Labor Law Attorneys for Employment Law Matters
Talk to a Top-Rated New York City Employment Law Attorney Today!
If you are facing wage and hour violations, discrimination, harassment, or other issues at work, you do not have to suffer in silence. The experienced NYC employment lawyers at Levine & Blit are ready to fight for your rights and help you get what you deserve.
We have more than 100 years of combined experience in handling labor law disputes and have recovered millions in monetary benefits and damages for our clients. We know how employers tend to bend and break labor laws and employment contracts and we know how to hold them responsible.
We can provide you with the legal assistance and expert guidance you need at this difficult time and fight relentlessly to recover the monetary and non-monetary benefits you are owed.
Call our law firm today or use our online contact form to schedule a free evaluation with a highly-rated New York employment lawyer.