New York City Employment Law Attorney

Employers should know the federal and state laws that apply to employment practices. They should include every protection and law in their employee handbook, which clearly addresses how employees can register a complaint or file a grievance. The employer should have rules and policies in place that focus on equal-opportunity employment. 

Even when a company has tried to fully comply with all laws and regulations and gone through the necessary safeguards, problems still arise. The New York City Employment Law attorney at Leo Fraser, can help employers when faced with any complaints or employment challenges in the workplace.

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What is an Employment Law Attorney?

There are generally two kinds of employment attorneys:  One type represents plaintiffs or employees (also known as employment discrimination attorneys or employment rights attorneys), while the other represents defendants or employers.

Employment lawyers offer a wide range of services to both employees and employers. An employment law attorney can assist employers and employees in working together to resolve issues ranging from wages and workplace safety to discrimination and wrongful termination. 

If the employer-employee relationship is becoming tense due to a dispute over wages, workplace safety, discrimination, or wrongful termination, knowing an employment attorney who can explain both sides’ rights and duties is beneficial.

How an Employment Law Attorney Can Help? 

There are many areas where an employment law attorney can help a business. Basically, anywhere there is a point of contention or strain, an employment attorney can step in and help resolve the issue. Some common areas and tasks that an employment law attorney can help address include: 

  • Employment Rights: an employment lawyer can help explain the rights of an employer and an employee. This will include explaining how specific laws apply and what options are available in the event of a dispute between the employer and employee. 
  • Compliance Issues: It is important for all businesses to ensure compliance with employment laws. Most compliance issues will handle state and federal anti-discrimination laws and equal pay laws. An employment law attorney can assist in these areas by drafting contracts and policies the conform with specific state and federal laws. 
  • Lawsuits: Employment law attorneys can help prepare a case for litigation when a lawsuit arises. They can represent employers or employees to help defend their rights and resolve the issue in or out of court. 

Business law attorneys can also help with wage issues, filing a complaint with the proper agency, workers’ compensation claims, and third-party lawsuits. If a business has employees, there are going to be employment law issues. It is inevitable. Having a skilled employment law attorney will help reduce some of these risks that may arise. 

New York Employment Laws

Both employees and employers have rights and responsibilities under New York State law. Under New York law, employees and employers are both entitled to certain expectations. Employers must provide a safe work environment, provide lawful pay, and employ non-discriminatory practices. On the other side, employees are to give full performance of their assigned duties, adhere to work hours, and stay compliant with employment policies and procedures. 

New York State law outlines the definitions for an employee, what their status as part-time or full-time employment means, termination rights, best practices, compensation and benefits overview, protected categories and discrimination laws, federal acts and laws, and New York-specific labor laws. 

Furthermore, the Department of Labor in New York is fully committed to protecting and promoting the safety and health of workers. They provide labor standards, safety and health overviews, immigrant policies, wages, and equal opportunity. 

Wage Laws

The minimum wage applies to all basic minimum hourly wages, building services, farm workers, and fast food and hospitality. In New York City, the minimum wage requirement is $15.00 an hour. In New York City, the minimum wage requirement is $15.00 an hour. Furthermore, New York Labor Laws require that employers pay 1.5 times the regular rate for any hours over 40 a week. 

  • Example: if an employee receives $15.00 an hour, then for any minute over 40 hours, that employee should start receiving $22.50 an hour. 

Employers are required to post notices in the workplace of various employment rights, such as the applicable minimum wage and workers’ compensation laws. These must be in an area accessible to all employees. Employers must also maintain accurate employment records, payroll records, and hours worked records. Additionally, they must be able to provide information to employees on how their wages are being calculated. 

Discrimination Laws

New York Human Rights Laws prohibit all discrimination on the basis of “age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, or disability” in the workplace. These discrimination laws also extend to housing, education, banking, and public accommodations. 

Furthermore, the laws also protect from retaliation. If an employee has previously filed a complaint or was involved in an investigation, this can not be held against them for future or continued employment. 

Employers should post notice of discrimination laws as well as include any policies regarding discrimination in their Employee Handbook. Employees should have access to their rights and know that they are protected in the workplace. 

When Should You Hire an Employment Law Attorney?

The best time to seek advice from an employment law attorney is the second that you believe something is wrong and there is no immediate remedy. After employing an attorney, the first step is to consult with the employee handbook and the Equal Employment Opportunity Commission (EEOC)

If possible, the employment law attorney will try to resolve the issue internally between the employer and the employee. If it cannot be resolved through internal means, then it may be necessary to file a claim with the proper agency and let them conduct an investigation. Even if they do not find evidence to justify the claim and thus close it, a lawsuit can still be filed. 

An employment law attorney can help file the lawsuit and can also help defend against any lawsuits filed against the employer. When steps have been taken outside the company, an employment lawyer should always be involved. These claims can be complex and time-consuming, and an attorney will know how to properly hand the process, whether with an agency or the court. 

Leo Fraser, Attorney at Law, Employment Law Attorney

If you are worried about connections between the employer and the employee, or a complaint has already begun, it is important to contact an employment law attorney at once. The attorney can help pinpoint the contention and try to resolve the matter internally before it goes to an outside agency. If the claim has already been filed outside the company, an employment law attorney can also help defend the employer and avoid further claims or litigation. 

Contact Leo Fraser, Attorney at Law, to employ a skilled New York City employment law attorney to help with any and all employment law needs.