Federal, New York State, and New York City laws, such as Title VII, ADEA, ADA, EPA, and the human rights laws, prohibit employers from discriminating against employees on the basis of age, race, sex, gender, national origin, religion, disability, and pregnancy. State and/or local laws prohibit discrimination based on sexual orientation, marital status, and even based on being being unemployed. New York State also prevents employers from discriminating against employees because of activities they participate in outside of work, such as participating in a political campaign.
The New York Labor Law and the Federal Fair Labor Standards Act (FLSA) require employers to pay workers minimum wage and overtime. These laws also regulate how employers use the “tip credit” to pay tipped employees such waiters and waitresses and valets. Often times, employers try to avoid these laws by classifying employees as independent contractors. Other times, businesses simply do not pay their employees properly. Either way, the Long Island employment lawyers at Famighetti & Weinick may be able to help you obtain your unpaid overtime and wages.
Governments such as towns, villages, counties and states are bound by the Constitution. If a government has violated a person’s Constitutional rights, that may be grounds for a lawsuit. Famighetti & Weinick is experienced in First Amendment cases such as free speech and association, and also other Constitutional cases, such as false arrest, false imprisonment, malicious prosecution, excessive force and due process. We are also experienced in prisoner cases including conditions of confinement.
Government employees have important protections generally not available to private sector employees. If you work for a town, village, county, library, or school district, you are probably a government employee. Public employees may have rights with the Public Employment Relations Board (PERB) or rights under the Constitution. Additionally, public employees may be entitled to a hearing in connection with termination or other disciplinary action. Famighetti & Weinick is experienced in such hearings including Section 75 proceedings, 3020a charges, and hearings at OATH.
An Article 78 proceeding can be used to challenge decisions made by the State or local governments, such as school boards, villages, towns, and counties. It can also be used to appeal the decisions made by administrative agencies. If you have received an unfavorable or adverse decision from a governmental body, the lawyers at Famighetti & Weinick may be able to help. Call for a free evaluation of your case. We are also experienced in appealing cases decided by the courts. Articles 78s and appeals have strict timelines so be sure to contact an attorney soon after the decision.
Many small businesses find their way into trouble with their employees or the government simply because they have not been educated on the many employment laws which regulate workers in New York. From sexual harassment training, to classifying workers as independent contractors or as exempt or non-exempt employees and paying those workers properly, many small business owners just don’t know the laws. Our “Small Business Program” provides small business owners with an overview of employment laws. From there, businesses can choose from “a la carte” services such as employee handbook creation or revision, sexual harassment and anti-discrimination training, and a worker audit to ensure compliance with wage and hour laws.
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