NEW YORK EMPLOYMENT LAW
Employment Law (or, Labor Law) encompasses all matters relating to the employee-employer relationship, including but not limited to wages and hours, discrimination at the worksite, hiring and termination practices, health and safety, sexual harassment, disability law and wrongful termination. You should discuss any complaints stemming from your employment with a New York employment attorney to aid in filing with the New York State Department of Labor.
Wrongful termination, sexual harassment and workplace discrimination are just a few of the complicated employment issues that should not be handled without the aid of a New York employment lawyer. These issues necessitate a vast compilation of evidence, and must be compellingly argued. However, be advised that the assistance of a New York employment attorney is generally suggested.
Why Hire A New York Employment Attorney?
State and federal law are complexly interrelated in New York wrongful termination cases and employment law, a relationship whose intricacies must be carefully researched and convincingly asserted to ensure a triumphant result. If you need assistance in filing a claim for unpaid wages or a discrimination complaint with the New York State Department of Labor, or if you are concerned about your claim, a New York employment attorney can help you file your claim and assist you in determining whether you have a legitimate claim, so that you do not end up spending a lot of time and money on a frivolous complaint.
Additionally, because wrongful termination claims can be awkward, stressful, and complicated for a former employee, a New York wrongful termination attorney can be of great assistance in communicating with your former boss, and in giving you guidance about your case.
Wrongful Termination In New York
Because New York is an "at-will employment" state, a worker can be fired without cause, or for any reason, so long as that reason is not illegal. Similarly, a worker can leave his job at any time and for any reason or no reason at all. But, if a worker has an employment contract restricting his termination, his termination is governed by the contract.
In New York, wrongful termination complaints may be filed when an employer's firing of a worker is illegal. Illegal reasons for an employee's termination in New York include:
Discuss your case with a wrongful termination lawyer if you have concerns about your wrongful termination case.
It should be stressed once again that if an employer fires an employee for a discriminatory reason, it is the basis for a wrongful termination claim. Both New York State law and federal law prohibit someone's termination based on his age or disability if he is otherwise qualified and experienced for the job. If your employer sees pregnancy as a disability, pregnancy cannot be the reason for termination from your job. You may also not be fired because of your race, sex, national origin or religion. Claims for wrongful termination should be discussed with a New York wrongful termination attorney to ensure success.
Employee Wage/Hour Concerns In New York
The minimum hourly wage in New York is $7.25. New York employees must be paid at least twice a month, depending on their type of employment. If the employee is a manual employee, he must be paid at least once a week.
Ask a New York employment attorney to assist you in completing a Claim for Unpaid Wages (LS 223) if your boss fails to pay you your wages. The Claim for Unpaid wages must be submitted to the New York State Department of Labor Division of Labor Standards.
Working more than 40 hours per week is considered working overtime in New York. For all hours worked over 40 a week an employee is entitled to receive time-and-a-half pay. Time-and-a-half pay is mandated by federal law in the Fair Labor Standards Act, and is implemented by the United States Department of Labor, Wage and Hour Division. Talk to a New York employment attorney and submit your claim for unpaid overtime with the New York State Department of Labor, Division of Labor Standards, or with the United States Department of Labor, Wage and Hour Division.
Employees who have questions about their unpaid wages, unpaid overtime, or about their wages should be sure to contact a New York employment lawyer.
New York Employment Benefits
New York does not require employers to give their employees sick leave, life insurance, vacation days, or health benefits, but employers may provide these benefits. Employers must give employees a half-hour meal break if they work shifts of more than 6 hours starting before 11am and going until 2pm.
For expectant mothers, in the Family and Medical Leave Act (FMLA), federal law mandates that at least 12 weeks of unpaid maternity leave be provided. New York State is one of the few states that require employers to provide short-term disability coverage; coverage must be the equivalent of 50% of their normal wages for up to 26 weeks.
New York disability law mandates that employees who are either injured, or who become ill because of their jobs be compensated for their occupational injuries or illnesses. The extent of the compensation depends on the kind of injury or illness. Workers whose injuries or illnesses are not work-related are eligible for short-term disability under New York disability law. If you have been injured at the worksite, you should get in touch with a New York workers' compensation lawyer. Additionally, for a detailed explanation of the relationship between New York State and federal employment laws, you should contact a New York employment lawyer.
New York Employment and Labor Law Statutes
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