Labor & Employment Law in New York City & New Jersey

Labor and employment lawyers handle legal matters related to the workplace and employer-employee relationships. Our firm represents both employees and employers in New York and New Jersey, and we can assist with issues such as:

- Workplace Discrimination: Cases where an employee is treated unfairly or fired due to race, color, religion, sex, national origin, age, disability, pregnancy, or other protected characteristics, in violation of laws like Title VII of the Civil Rights Act or state human rights laws.

- Sexual Harassment: Situations where an employee faces unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature, creating a hostile work environment. This is illegal under both federal and state law.

- Wrongful Termination and Retaliation: If someone is fired or demoted for unlawful reasons – for example, in retaliation for complaining about discrimination, for whistleblowing illegal activities, or for taking protected family/medical leave.

- Wage and Hour Issues: Cases involving unpaid overtime, failure to pay minimum wage, employee misclassification (treating employees as exempt or as independent contractors to avoid paying overtime or benefits), and other violations of the Fair Labor Standards Act (FLSA) or state wage laws.

- Employment Contracts and Severance: Reviewing or negotiating employment agreements, non-compete clauses, and severance packages to ensure an employee’s rights are protected (or advising employers on drafting fair agreements).

- Labor Law and Union Issues: For unionized workplaces, dealing with collective bargaining agreements, grievances, and issues before the National Labor Relations Board (NLRB) or similar state agencies.

In essence, if it’s a legal issue that arises at work, a labor and employment attorney can likely help. We guide employees through asserting their rights and help employers comply with the law and address disputes proactively.

If you believe you’re being discriminated against or harassed at your job, it’s important to take steps both to protect your rights and to create a record of the behavior:

1. Document Everything: Keep a record of the incidents. Note dates, times, locations, what was said or done, and who was involved or witnessed it. Save emails, text messages, or any evidence of the discriminatory or harassing behavior.

2. Report the Issue Internally: Follow your company’s policies (usually found in an employee handbook) for reporting harassment or discrimination. This often means reporting to a supervisor, HR department, or through a company hotline. Make the report in writing if possible, or confirm it in writing (email) afterward so you have proof that you notified them.

3. Don’t Retaliate or Quit Impulsively: It’s illegal for an employer to retaliate against you for reporting discrimination or harassment (like firing or demoting you because you complained). At the same time, try to stay professional and continue performing your job if you can. Quitting without addressing the issue might affect your legal options later (though in severe cases of harassment, leaving might be understandable – consult a lawyer in such cases).

4. Seek Legal Advice: An employment lawyer can evaluate your situation confidentially and advise you on the strength of your case and next steps. They can help you file a charge with a government agency like the EEOC (Equal Employment Opportunity Commission) or the state equivalent (in New York, the Division of Human Rights; in New Jersey, the Division on Civil Rights). Filing a charge is often a prerequisite to a lawsuit and must be done within certain time frames (e.g., generally 300 days of the discrimination in NY/NJ if going through EEOC).

5. Consider Next Steps: If internal reporting doesn’t stop the behavior or if you suffered serious harm (like wrongful termination), your attorney can help file a formal complaint or lawsuit to seek remedies. Remedies can include reinstatement, back pay, compensation for emotional distress, and policy changes at the company.

Remember, you have a right to a workplace free from discrimination and harassment. Our firm can help you navigate this process – from advising on how to report the issue to, if necessary, pursuing legal action to hold your employer accountable and obtain justice for you.

“Wrongful termination” means that an employee was fired in violation of the law. Most employment in the United States (including New York and New Jersey) is “at-will,” which means an employer can fire an employee for any reason or no reason at all, as long as it’s not an illegal reason. Illegal reasons include:

- Firing due to discrimination (based on protected characteristics like race, gender, age over 40, disability, etc.).

- Firing in retaliation for the employee exercising certain legal rights (for example, firing someone because they filed a safety complaint, took allowable medical leave, or reported harassment).

- Firing that violates public policy (e.g., firing an employee for refusing to do something illegal or for reporting illegal activity by the employer – this overlaps with whistleblower protection).

- Breach of contract terminations (if you have a contract that says you can only be fired for cause or for specific reasons, and the employer violates that).

If you were fired and suspect it was for an illegal reason, you might have a wrongful termination case. Some red flags include being terminated shortly after complaining about something at work (like harassment or unpaid wages), or hearing comments that suggest a bias (like ageist or racist remarks) around the time of termination. It’s important to note that unfair treatment or bad management isn’t necessarily illegal unless it falls into one of the categories above.

To pursue a wrongful termination claim, typically you would need to file a charge with the EEOC or state agency if discrimination or retaliation is involved, or possibly go straight to a lawsuit if it’s a contractual issue or specific state law violation. Remedies could include lost wages, reinstatement, and damages. Our attorneys can evaluate your firing, help determine if it was likely illegal, and guide you through the process of seeking justice if you have a valid claim. Even if your job was “at-will,” you have protections under the law that we can help you enforce.

Yes, employees have a right to be paid for all the work they do. Both federal law (the Fair Labor Standards Act, or FLSA) and state laws in New York and New Jersey require employers to pay at least the minimum wage and to pay overtime (usually 1.5 times the regular rate) for hours worked over 40 in a week for non-exempt employees. If your employer has failed to pay you minimum wage, didn’t pay overtime when required, forced you to work off-the-clock, took illegal deductions from your pay, or misclassified you as exempt or as an independent contractor to avoid paying overtime, you can take legal action:

- Filing a Wage Claim: You can file a complaint with the state Department of Labor (for instance, the NYS Department of Labor or NJ Department of Labor) which can investigate wage violations. Alternatively, or additionally, you can file a lawsuit in court.

- Lawsuit (Individual or Class/Collective Action): In many cases, employees sue employers directly for wage violations. This can be done individually or, if multiple employees are affected (which is common, like an entire department not paid overtime), as a class action (in state court) or collective action (under FLSA in federal court). For example, if a restaurant in New York is not paying its waitstaff proper overtime or is skimming tips, a group of employees might band together to sue for their unpaid wages.

Employees who win these cases can recover the unpaid wages, plus liquidated damages (often 100% of the unpaid amount again as a penalty) and attorneys’ fees. New York and New Jersey laws also protect workers from retaliation for complaining about wage issues.

If you suspect you’re not being paid correctly, it’s a good idea to speak with an employment lawyer. We help employees calculate what they’re owed, understand their rights, and take action to recover the compensation they’ve earned. Sometimes even a demand letter from an attorney can prompt an employer to pay what’s owed; if not, we are prepared to file the necessary claims to get our clients their due wages.

While much of employment law focuses on protecting employees, employers also benefit greatly from legal counsel to navigate complex labor laws. An employment attorney can help businesses in several ways:

- Compliance and Policies: We assist employers in creating employee handbooks, anti-harassment policies, and compensation practices that comply with federal, New York, and New Jersey laws. This includes advising on proper classification of employees (exempt vs non-exempt, contractor vs employee), overtime policies, leave policies (like FMLA or state leave laws), and implementing training programs to prevent discrimination or harassment in the workplace.

- Contracts and Agreements: Employment lawyers draft and review employment contracts, non-compete agreements, and severance agreements to ensure they are enforceable and protect the company’s interests while remaining fair to employees. For example, in New Jersey certain non-competes must be reasonable in scope to be valid – we help tailor these agreements to meet legal standards.

- Handling Complaints and Investigations: If an employee raises a complaint of harassment, discrimination, or any legal violation, an attorney can guide an internal investigation, helping the employer address the issue seriously and appropriately. This not only is the right thing to do, but it can also provide a defense if the issue later becomes a lawsuit (showing the employer took prompt remedial action).

- Defense in Claims: If a lawsuit or agency claim is filed against the company (such as a discrimination charge or a wage claim), an employment attorney will defend the employer. This involves responding to agency investigations, negotiating settlements when appropriate, or litigating the case in court to protect the business from unjust claims.

- Collective Bargaining and Labor Relations: For employers with unions, labor attorneys participate in negotiating collective bargaining agreements, advising on union grievances, and representing the company in front of the NLRB or state labor boards.

In essence, for employers, an employment attorney is a partner in risk management. By proactively creating sound policies and swiftly addressing workplace issues, employers can prevent many problems. And when disputes do arise, having experienced legal representation is crucial. Our firm helps businesses in New York and New Jersey stay on the right side of labor laws and vigorously defends them when disputes occur, all with an eye toward efficient and practical solutions that keep the workplace running smoothly.