Understand Your Rights and Navigate Employment Law in New York

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.