Manhattan, NY Labor And Employment Law
State and federal law protects employees. As a result, if an employee alleges that you, the employer, violated these laws, they can pull you into a lengthy and expensive legal battle in state or federal court. If this happens to your company, it is important to work with an experienced Manhattan, NY labor attorney who is well-versed in Manhattan, NY labor law and will be able to defend against these allegations.
What Kind Of Lawsuits Can Employees Bring Against Employers?
As a Manhattan, NY labor lawyer can tell you, there is a staggering array of lawsuits that an employee can bring against their employer, including:
- Contract Cases: A contract case may arise when an employee claims that the employer breached a contract with them. The purpose of a contract in the employment setting is to lay out a set of rules, rights, and responsibilities governing the relationship between an employee and employer. For example, a contract might include details about an employee’s hourly wage or salary, health insurance benefits, vacation time, schedule, what information they can and cannot share or discuss outside of the completion of specific tasks during the course of employment, and termination and/or resignation procedures. While employment contracts serve a number of benefits both for employers and employees, they can also become the source of lawsuits which threaten the reputation and success of the employer.
- Wage And hour Violation Cases: State and federal law mandates that many employees be paid at least minimum wage and overtime for hours worked in excess of 40 hours per week, where overtime is defined as 1.5 times the employee’s normal or non-overtime rate. State and federal law also prohibits employers from making certain deductions from employee wages. If an employee successfully pursues a wage or overtime violation case, then the employer will be forced to provide the employee with the unpaid wages, as well as interest on those unpaid wages. Alternatively, in place of interest, an employer may be required under federal wage laws to provide the employee with liquidated damages. Examples of common wage violations in Manhattan, NY include failing to give employees a minimum of one day off per week, unrightfully withholding bonuses, allowing too much time to pass before providing an employee with their final paycheck, and unauthorized deductions from paychecks. When facing the possibility or threat of a wage or hour violation lawsuit, an employer should immediately seek the assistance of a labor attorney who can help protect their interests and assets.
- Discrimination Cases: State and federal law requires that employers do not discriminate on the basis of race, sex, disability, age, and other factors. These types of cases, once brought against an employer and made public, can forever tarnish the employer’s reputation and can even lead to eventual closure of the company. Unfortunately, many claims of discrimination arise from simple miscommunications or misinterpretations between employers and employees.
- Retaliation Cases: All employees are protected by state and federal law from being retaliated against for reporting violations of law or safety issues.
- Family Medical Leave Act (FMLA) Cases: Federal law mandates that employers allow certain employees time to care for family members or take leave for their own health-related reasons without job loss or retaliation. If an employee claims that an employer has neglected to honor the FMLA by disallowing or punishing an employee who invokes their right to use it, then the employer should contact a Manhattan, NY labor lawyer as quickly as possible in order to resolve the issue before the employee files an official lawsuit.
- Workers’ Compensation Cases: This is for on-the-job employee injuries. Workers’ compensation is an area of the law that can become complicated quickly, and when improperly used by employees, it can cost an employer significant amounts of economic loss. For this reason, if an employer has any doubt as to the validity of an employee’s workers’ compensation claim, they should waste no time in seeking the advice of an experienced labor attorney.
- Employee Retirement Income Security Act (ERISA) Cases: This is for issues involving pensions and benefits.
- Non-Competition Clauses: This occurs if a former employee takes a new job in violation of a clause in their contract prohibiting their employment with the previous employer’s competitors. If this occurs, the employer has a right to pursue a lawsuit against the employee who breached the non-compete clause in the contract.
As shown by the wide array of potential cases, Manhattan, NY labor law is complicated, and navigating it requires the assistance of an experienced attorney from a reputable Manhattan, NY labor law firm. Only a Manhattan, NY labor attorney who specializes in this area of the law will know how the Manhattan, NY courts interpret federal law and apply it to employers.
How Can You Protect Yourself With A Manhattan, NY Labor Attorney?
Sometimes, no matter how well your company has followed the dictates of the labor laws, an employee may claim that there were violations which entitle them to recover damages. Unfortunately, no matter how baseless, allegations that your company has violated these laws are serious. Moreover, without proper counsel, they can lead to expensive settlements or litigation which takes years to resolve. Even a baseless lawsuit can lead to harmful press and expose information that your company would like to keep private.
To protect against these risks, it’s important to hire an experienced Manhattan, NY labor lawyer who can guide you through the process of defending and resolving these cases expeditiously. Manhattan, NY labor law cases can often reach resolution through settlement negotiations prior to the filing of any public documents in court or with an administrative agency that oversees employment law violations. If the case cannot or should not be resolved through early settlement, then your attorney can guide you through the administrative or legal process in order to accomplish one of the following:
- Get the case dismissed
- Continue settlement negotiations
- If necessary, take the case to trial or arbitration to defend against the accusations
A Manhattan, NY labor attorney will be familiar with the courts, arbitrators, administrative agencies, and plaintiffs’ attorneys in the area. Experience with the local players is essential in getting the lowest possible settlement, quickest resolution, and/or getting the case dismissed entirely.
Employment Compliance And Consulting
One way to minimize the threat of lawsuits alleging violations of employment law is to rely on your attorney to craft employment practices for your company which comply with state and federal law. The Manhattan, NY labor lawyer at the Law Offices of David S. Rich, LLC has experience in creating a wide array of policies that comply with New York State labor law. This includes policies for the prevention of harassment and discrimination, as well as policies for hiring, disciplining, and evaluating employees. The attorney at this Manhattan, NY labor law firm can help you develop and put in writing the proper practices to protect your business.
Written policies crafted by lawyers are extremely helpful in defending against lawsuits. However, if these policies are not implemented, your company could still face lawsuits for unlawful practices down the road. To guard against this, your attorney can train your employees to properly implement lawful labor practices. This will create a good work environment which complies with the law and minimizes the risk of future lawsuits. In addition, your attorney should provide advice or conduct investigations on issues with specific employees before a lawsuit arises. In this way, you and your attorney will work together to craft an approach that fits your business needs while complying with the law.
Whether an employee is seeking accommodation based on their disability, raising a concern about discrimination, complaining of violence, or reporting emotional abuse or theft, it is essential to obtain representation by a Manhattan, NY labor lawyer who can intervene on your behalf and ensure that your response to the employee effectively resolves the issue and protects the company from potential future lawsuits. At the Law Offices of David S. Rich, LLC in Manhattan, NY, you will find an attorney who knows how to handle a wide array of employment issues and prepare for the way New York State courts interpret employment laws with regard to employers.
Business Contracts And Agreements
Business contracts must balance the need to comply with state and federal law with the need to protect your business’s best interests. Having an experienced Manhattan, NY labor attorney draft your business contracts ensures that you can find this balance.
The Manhattan, NY labor law attorney at the Law Offices of David S. Rich, LLC has experience in drafting all business agreements, including:
- Employment contracts
- Severance agreements and waivers
- Contracts for sales of goods or provision of services
- Independent contractor agreements
- Confidentiality agreements
- Non-compete agreements
They have the business acumen to understand your financial needs and the legal knowledge to ensure that you are in compliance with all state and federal requirements. Working together, you and your attorney can help create contracts that will protect your financial and legal needs.
Moreover, if another business breaches a contract with your business, you will need a seasoned attorney to take legal action to recover your losses. For example, if another company or person breaches a credit agreement or sales contract with you, you will need to recover your losses as quickly and efficiently as possible.
Learn More About New York State Labor Law
The Law Offices of David S. Rich, LLC is a Manhattan, NY labor law firm that specializes in several practice areas to provide full-service representation for the labor and employment law needs of both large and small companies. This labor law firm has a record of successfully litigating cases in court as well as advising companies on how to protect themselves before ever needing to file a lawsuit. To hire a skilled Manhattan, NY labor attorney today, call the Law Offices of David S. Rich, LLC at (347) 970-5550.
This firm’s labor and employment practices include the following:
- Labor and Employment Litigation
- Employment Compliance and Consulting
- Business Contracts and Agreements
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