New York Labor Lawyers

As an employee in the state of New York, you can rest assured that you have many legal rights and protections that are designed to keep you safe and free from exploitation. Over the last several decades, federal, state, and even city laws have been created and revised to shield workers from exposure to unsafe working conditions, overtime without pay, employment discrimination, and other forms of injustice in the workplace. While you may have heard the terms “employment law” and “labor law” used interchangeably, these terms actually refer to two distinct topics. Employment law in New York deals with the relationship between an employee and an employer, which encompasses topics such as working hours, wages, hiring policies, overtime pay, employment discrimination, retaliation, and more. Labor laws, on the other hand, apply to issues between an employer and a group of employees or other individuals, such as a labor union. For instance, labor law often refers to matters like union membership, collective bargaining agreements, and other disputes involving a labor union. Employment and labor laws in New York can be complex to understand, especially if your employer does not answer your questions or address your concerns. Although most employers act in good faith and respect an employee’s rights at work, employment issues and even violations of an employee’s workplace rights can happen to anyone at any time. Unfortunately, many employees may not be familiar with their rights and options in these situations, subjecting them to feelings of isolation, confusion, and powerlessness.

Whether you are currently struggling with an employment issue or you simply wish to understand your workplace rights more thoroughly, it’s worth enlisting the guidance and support of a dedicated and experienced New York employment law attorney who can provide you with the customized solutions you deserve. Let’s take a closer look at some of the most common workplace issues facing employees in New York and the steps you can take to enforce your legal rights and obtain the legal remedies that you may be entitled to recover.

Recognizing Employee Rights in the Workplace

When a new employee is hired, the employer is obligated to provide the new hire with some form of employee handbook outlining key federal and state employment-related policies. For example, the employee handbook should inform the employee of their rights under federal laws and protections (i.e., Equal Opportunity and Anti-Discrimination policies, sexual harassment policies, Family and Medical Leave Act policies, etc.), as well as the company’s policies regarding meal breakes, paid time off, paid sick leave, and other relevant information. Below are just a few of the federal and state protections available to employees.

New York Wage Laws and Overtime Pay

According to the New York State Department of Labor (NYDOL), “All New York workers are entitled to receive at least an hourly Minimum Wage rate.” The minimum wage varies depending on the area of the state in which the employee is working, with the current minimum wage for most workers in New York City being $16.50 an hour and $15.50 in other areas of New York state. Additionally, workers who exceed forty hours in a week are entitled to overtime pay, calculated at time and a half for any additional hours worked, unless they are executive or administrative professionals who are exempt from overtime. Other potential violations of an employee’s rights include taking workers’ tip money, misclassifying independent contractors in order to compensate them less money, and denying overtime pay. If you believe that your employer has violated federal or state wage and hour laws, discuss your concerns and legal options with a highly qualified attorney to learn more.

Employment Discrimination

All employees have the right to feel safe at work. Many federal, state, and local laws prohibit employers from discriminating against workers based on age, race, color, national origin, religion, gender, sexual orientation, or disability. The New York City Human Rights Law recognizes many protected classes (i.e., age, immigration or citizenship status, gender identity, pregnancy, status as a veteran, among many others) and prohibits all acts of discrimination in the workplace. Moreover, it’s unlawful for an employer to retaliate against an employee for reporting an incident of discrimination. Some incidents of harassment or discrimination can be subtle and challenging to prove, so it’s worth enlisting the guidance of a knowledgeable New York employment discrimination attorney to help you identify the most strategic path forward.

Sexual Harassment in the Workplace

While suffering any form of employment discrimination can be devastating and overwhelming, sexual harassment can be especially difficult to navigate. Although many instances of sexual harassment in the workplace are directed at women, anyone can be a target of harassment or a hostile work environment. Sadly, being subjected to hostility, sexual jokes, aggressive comments, or unwanted sexual advances at work can make it challenging to focus on your job. Many people who have been subjected to sexual harassment in the workplace feel alone, embarrassed, or even afraid to report these incidents, especially if they are concerned about their superiors taking their claims seriously. It’s essential to seek the support of a highly experienced employment lawyer who can help you understand your rights and take a stand against these unlawful and intolerable workplace practices.

Learn More About Your Workplace Rights Today

Although some instances of workplace discrimination or wage violations are obvious and relatively easy to identify and report, others can be harder to prove. If you are struggling with a work-related issue, the first step is to discuss your questions and concerns with a caring and knowledgeable New York employment law attorney. Together, you can identify any potential violations of your rights and determine the most strategic path forward that allows you to recover the compensation, promotion, or other remedy you deserve. Working with a skilled attorney can guide you through the legal process, explain your rights, and support you in making sure you’re protected at work.

The dedicated team of legal professionals at Levy Ratner proudly provides strategic guidance and effective solutions to clients throughout the state of New York. If you need help with an employment issue, such as pay disputes, workplace discrimination, sexual harassment, or other work-related concerns, please call our office today at (212) 627-8100 to get started with a trusted and highly qualified employment law attorney.

On November 16, 2024, the New York Clean Slate Act will take effect, which may eventually seal the criminal conviction records of over two million New Yorkers. However, it may take up to three additional years for New York to design the automatic sealing process. In part, the Act intends to ensure that those with criminal convictions have a fairer opportunity to obtain a job. To achieve this goal, the Act limits access to the information a potential employer may find on their employees or applicants.

The Act sets forth various requirements for sealing convictions. Misdemeanors, for example, may only be sealed if three years have passed since you were released from incarceration, or since the sentencing date, if you were not sentenced to incarceration. During these three years, you must not have received any additional convictions or have a New York criminal charge pending. If you do, you must wait another three years from the date of release or alternative sentencing date for the newest conviction.

To seal a felony conviction, eight years without additional convictions must have passed since your release from incarceration, or the sentencing date, if you were not sentenced to incarceration. If there are any new convictions in those eight years, you must wait eight years from the date of the release from incarceration or alternative sentencing date for the newest conviction.

A pending New York criminal charge will reset the clock for sealing. Detainment for an alleged parole or post-release supervision violation will not reset the clock unless it results in reincarceration.

Generally, a conviction will not be sealed while you are on probation or parole for that same conviction. Convictions for sexual offenses, sexually violent offenses, and most non-drug Class A felonies such as manslaughter or murder will not be eligible to be sealed.

Convictions that are sealed are removed from public court indexes, and therefore generally not available to most employers for their review. Employers will generally not be allowed to inquire further into the conviction(s) unless a statute otherwise permits them to do so. If an employer chooses to run a criminal background check on you, the sealed convictions will not be visible to them. But because the state of New York has three years to implement this law, some records will not be sealed immediately. This means that if you are applying to jobs, some convictions that are eligible to be sealed may still appear for some time until New York has fully determined and enacted the process for sealing these records.

Although these sealings are supposed to happen automatically and do not require an application, it would be a good idea to obtain a copy of your official criminal records through the Division of Criminal Justice Services (DCJS). DCJS has the only log of an individual’s official criminal history record. This would allow you to review which convictions may be eligible for sealing. Individuals will have to submit their fingerprints to get their records but may be able to get a fee waiver through DCJS. Please note that for individuals with an immigration-related order of removal in their past, submitting fingerprints could lead the state to report to immigration enforcement.

Levy Ratner filed an amicus curiae brief on behalf of the Service Employees International Union and 1199SEIU United Healthcare Workers East supporting the New York State Attorney General’s lawsuit challenging the Trump Department of Labor’s regulations interpreting the Families First Coronavirus Response Act.   The amicus brief supports the NYS Attorney General’s argument that the federal regulations create unlawful and unjustifiable loopholes in the federal law that allow employers to deny paid sick leave and emergency family leave to millions of workers just when they need it most. 

One of those loopholes is the regulations’ overly expansive definition of “health care provider.” While similar statutes limit the term “health care provider” to medical doctors, osteopaths, dentists and similarly licensed health professionals, the U.S. Department of Labor applies that term in the law to all employees of a health care institution, or any entity that contracts with a health care institution.  In doing so, the regulations deprive virtually every healthcare worker of the right to these newly created federal sick leave benefits.  

The brief tells the personal stories of real healthcare workers: workers who cared for COVID-19 patients, contracted the virus themselves, and then went for weeks without pay; others who were forced to work while sick because they could not afford to lose pay, thereby risking their own health and the health of their co-workers, patients, and the public; and still others who lost their jobs because they needed to stay home to care for their children when schools were closed and day care was unavailable. 

On behalf of SEIU and 1199SEIU, Levy Ratner urged the court to set aside the regulations so that healthcare workers – the people who are caring for the sick and who are keeping our hospitals, nursing homes and clinics operational in a pandemic — can benefit from the safety nets Congress intended to provide during this unprecedented health and economic crisis.

Meredith Whittaker is a Research Professor at New York University, the Co-founder of NYU’s AI Now Institute, and the founder of Google’s Open Research group.

She was also a leader in labor organizing efforts, including the Google Walkout and other mobilizations, while employed at Google 

Her organizing drew from her research, recognizing that a powerful multinational tech corporation was unlikely to make ethical and just decisions without the force of worker power compelling it.

Levy Ratner represented Meredith in a retaliation charge before the National Labor Relations Board. 

She has since moved on from Google, but she continues to promote tech worker organizing through her research and advocacy. 

Our firm stands with Meredith in fighting for the rights of tech workers to speak out and hold their employers accountable.

In our role representing the Fast Food Workers Committee, Levy Ratner attorneys helped structure successful workplace actions and demonstrations in New York City that formed a foundation for the national living‑wage movement known as Fight for $15. Micah Wissinger was one of the architects of landmark litigation before the National Labor Relations Board involving McDonald’s Corporation and served as the primary attorney representing the union. The breadth and scope of the case were unprecedented, resulting in a multi‑year hearing before an Administrative Judge to determine whether McDonald’s was liable for its franchisees’ workplace violations, including retaliation for attempts to unionize.

The City of New York agreed to pay $155,000, plus attorneys’ fees, to five black and Latino electricians in their claims of race discrimination and retaliation against the FDNY. They were represented by Levy Ratner’s Dana E. Lossia and Robert H. Stroup.

When seven restaurant workers sued their employer for claims of unpaid overtime and minimum wage violations, Levy Ratner’s Allyson L. Belovin reached a settlement of more than $400,000 on their behalf.

Judge Ronnie Abrams of the U.S. District Court, Southern District of New York, awarded the plaintiffs’ recoveries ranging from $15,700 up to $85,650 each, and totaling more than 80% of the estimated potential recovery at trial.

Cleveland’s written and physical tests for firefighter jobs discriminate against women, found the U.S. Equal Employment Opportunity Commission, based upon charges filed by Levy Ratner’s Dana Lossia and Rebekah Cook-Mack, along with our co-counsel at Nichols Kaster, PLLP.

Our clients are women who were unfairly disqualified in the testing process and are demanding fair hiring standards, back pay and other relief for themselves and other women.

Roughly 25% of New York City residents are African American, but for decades the FDNY’s firefighting force was only around 3% black.

Levy Ratner began investigating this disparity and learned that the City’s hiring process was systematically excluding black firefighter candidates who were well qualified to serve their City. 

Our clients – a group of black firefighters and firefighter applicants – believed that the City’s hiring tests were racially biased. We decided to bring a class action race discrimination suit in federal court on behalf of hundreds of victims.

On November 28, 2018, Levy Ratner and Feinberg Jackson Worthman & Wasow filed a class action on behalf of Plaintiffs Ynes Gonzalez de Fuente, Mariya Kobryn, and Ivan Kobryn in the United States District Court for the Eastern District of New York against, among others, Preferred Home Care of New York, Edison Home Health Care, and Healthcap Assurance, Inc., under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the New York State Home Care Worker Wage Parity Law (“Wage Parity Law”).  The plaintiffs seek to represent a proposed class of approximately 4,000 home health aides. The complaint alleges that Preferred and Edison created a single employer welfare benefit plan for the purpose of appearing compliant with the Wage Parity Law, while actually evading its requirements and misappropriating ERISA-protected Plan assets.  Through this scheme, over a two-year period, the complaint alleges Preferred and Edison purported to set aside approximately $35.5 million dollars into the Plan, but in fact paid out less than $10 million towards employee health benefits.  Instead, as alleged, Preferred and Edison concocted a plan to retain millions of dollars of Plan assets for themselves and/or their principals, in violation of the Wage Parity Law and ERISA’s fiduciary and prohibited transaction rules.

See an article by Bloomberg Law News here.