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Have Your or Are Your Employment Rights Being Violated in New York?

THE MOST IMPORTANT THING YOU NEED TO KNOW ABOUT EMPLOYMENT RIGHTS

Time is extremely limited when it comes to taking legal action regarding employment discrimination claims!

In general, as per the Federal anti-discrimination laws, you need to file a charge within 180 calendar days from the day the discrimination took place.  Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day.  If you don’t file within 180 days, you will have no case.  Don’t waste another day!  Contact us TODAY to get connected with a New York attorney specializing in Labor and Employment law!

Exceptions

The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.  These agencies are usually called Fair Employment Practices Agency (FEPA).

Specific to New York:

An individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability in the State of New York. An individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 20 or more employees for discrimination based on age in the State of New York.

Charges against employers with less than 15 employees (for race, color, national origin, sex, religion, and/or disability) or less than 20 employees (for age) must be filed with the appropriate state or local agency within the time limits prescribed by the state or local laws. These time limits are 365 days in the State of New York and the City of New York.

Federal vs. State and Local Laws

In most cases, State and Local governments do not have separate laws or statutes regarding discrimination and harassment, but instead rely on Federal law. Some State and Local governments also have additional laws on discrimination regarding types and sizes of employers that are accountable and types of discrimination and harassment that are illegal. However, this does not mean you need a “Federal” lawyer. Our New York lawyers are able to represent you under these Federal laws.  Contact us today to be connected with an attorney who knows all the ins and outs of Labor and Employment Law in New York who can manage your case.  As you can see, this is a very complicated process and obtaining legal assistance from an experienced attorney is the best way to go right from the start.

Has Any of This Happened to YOU?

The Federal illegal types of discrimination committed by employers against employees when hiring, on the job, promoting, and terminating are below.  If more than one person is discriminated against or harassed in the same way by the same employer, a Class Action Lawsuit can also be considered (see our next section on Class Action Lawsuits).

Age Discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Federal Age Discrimination in Employment Act (ADEA) forbids discrimination against individuals who are age 40 or over. It is also unlawful to harass a person because of his or her age.

Disability Discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because s/he has a disability.

Equal Pay/Compensation Discrimination.  The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal.

Genetic Information Discrimination.  Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, it is illegal to discriminate against employees or applicants because of genetic information.

Harassment.  Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).  Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

National Origin Discrimination.  The law forbids discrimination regarding national origin when it comes to any aspect of employment. It is unlawful to harass a person because of his or her national origin.

Pregnancy Discrimination.  The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment.

Race and Color Discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.

Religious Discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.

Retaliation. It is illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

Sex (Gender) Discrimination in violation of Title VII involves treating someone (an applicant or employee) unfavorably because of that person’s sex, if that person is transgender (gender identity discrimination), lesbian, gay, or bisexual.

Our experienced New York lawyers specializing in Labor and Employment Law would be happy to help you explore your options and, most importantly, take the right actions to prove YOUR case. Contact us today!

Discrimination Laws Specific to New York

These Types of Employers:  Employers, licensing agencies, employment agencies, and labor organizations with four or more employees

Discrimination Prohibited Based On:  race, creed, gender, sexual orientation, color, national origin, age, disability (incl. AIDS), disabled persons use of guide, hearing or service dog, pregnancy, predisposing genetic characteristics, military status, marital status, arrest or conviction record, retaliation, lie detector test, sexual orientation, domestic violence victim status, military service

CLASS ACTION LAWSUITS

Employers must obey state laws regarding the following:  equal pay, minimum wage, minimum overtime wage, meals and rest breaks, final paycheck, paying accrued vacation time or PTO (Paid Time Off) at severance of employment, and sick time.  If your employer has violated any of these laws and it’s just you, you should contact your state Department of Labor and make a complaint.  You should also contact us to find a Labor and Employment lawyer because if s/he takes your case, they can demand that the Employer turn over all pertinent employee records to see if other employees are being treated unfairly too. If this is found, the lawyer can request trying the case as a Class Action lawsuit with you as the primary plaintiff. If you already KNOW that your employer treats other employees this way too, definitely contact us to speak with a New York Labor and Employment attorney!

Here are the standards for New York:

Equal Pay for Equal Work:  No employee may be paid less than that paid to an employee of the opposite sex for work requiring equal skills, effort and responsibility, under similar working conditions.  Exceptions are provided for payment based on seniority, merit system, quantity or quality of production, or any factor other than sex.  Employers cannot reduce wages to comply with this law (Labor Law § 194).

Minimum Wage:  $8.75

Minimum Wage for Tipped Employees:  $5.00 (see below)

New York Under 20 Minimum Wage – $4.25 – Federal law allows any employer in New York to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.

New York Student Minimum Wage – $7.44 – Full-time high school or college students who work part-time may be paid 85% of the New York minimum wage (as little as $7.44 per hour) for up to 20 hours of work at certain employers.

New York Tipped Minimum Wage – $5.00 – Employees who earn a certain amount of tips every month may be paid a special cash minimum wage, but must earn at least $8.75 including tips every hour.

Additional Information on Minimum Wage:  The New York minimum wage equals the federal minimum wage when set below the federal rate.  The New York minimum wage will be raised to $9.00 at the end of 2015.

Employees receive 1 hour’s pay at minimum wage rate in addition to owed wages when spread of hours exceeds 10 hours, there is a split shift, or both.

New York allows employers to make deductions to the applicable minimum wage rate for tips received, meals, or lodging provided to an employee. There are few exceptions to New York’s minimum wage – farm workers, who are exempt in many other states, must earn at least $8.25 in New York.

Minimum Overtime Wage:  $13.13.  This figure is based on the minimum wage. If you earn more than the minimum wage, you must be paid at least 1.5 times your regular hourly wage for overtime. If you are paid on a salary basis, not on an hourly basis, your employer must break down your annual salary into the hourly rate it equals and pay you at least 1.5 times that figure for overtime.  (Exception:  if you are an Exempt employee rather than a Non-Exempt employee, you are not eligible for overtime.)

Overtime Begins:  There is no daily overtime limit.  Weekly overtime is after 40 hours in a single week.

Additional Information on Overtime:  For residential employees, the overtime rate applies after 44 hours.   Domestic workers are entitled to 24 hours of consecutive rest each week, and receive overtime pay if they work during such period.

Meal and Rest Breaks:  New York does not have a general meal and rest period law. However, special meal period provisions apply to mercantile and factory employers.

Persons in New York employed in or in connection with a factory must be allowed at least one hour for a midday meal. Persons employed for a period or shift of more than six hours starting between 1:00 p.m. and 6:00 a.m. must be allowed at least one hour for a meal period at a time midway between the beginning and end of the employment.

The Commissioner may permit shorter meal periods. If permission is granted, the permit must be conspicuously posted in the main entrance of the establishment.

Persons employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of the labor law must be allowed 30 minutes for a noon day meal. The noon day meal period extends from 11:00 a.m. until 2:00 p.m.

An employee who works a shift of more than six hours, which extends over the noon day meal period, is entitled to at least 30 minutes off within that period for a meal.

Anyone starting work before 11:00 a.m. and continuing later than 7:00 p.m. must be allowed an additional meal period of at least 20 minutes between 5:00 and 7:00 p.m.

Those working six or more hours on a shift between 1:00 p.m. and 6:00 a.m. must be provided a meal period of at least 45 minutes, midway between the beginning and end of the shift

Employers operating a factory, mercantile establishment, hotel, restaurant, freight/passenger elevator, or theater; or a building employing security guards, janitors, superintendents, managers, engineers, or firemen must provide 24 hours of consecutive rest each week.

Final Paycheck Deadline(s):

If employee is fired:  Next scheduled payday.

If employee quits:  Next scheduled payday. (N.Y. Labor Laws § 191)

Accrued Vacation Pay at Time of Severance From Employment:  Unused vacation must be paid if employer policy is to pay.  (It is a good idea to KEEP Company Handbooks, Job Offer Letter, and any other written or emailed references to accrued vacation pay in case you need these documents for proof upon termination.)

Paid/Unpaid Sick Time:  New York has no state statute.  However, New York City has its own municipal level sick time laws.

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If you are the victim of discrimination or any of the above violations of employment law has affected you and your coworkers, contact us to be connected with a Labor and Employment attorney near you in New York today!