Serving Brooklyn, NY Since
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Employment Law
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Sexual Harassment & Assault
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Medical Malpractice
Our Practice Areas
We provide a broad range of services and have an excellent network of colleagues whom we refer cases too that require specialized assistance. In addition to our services listed above, we fight for clients who face various issues in the workplace.
Family Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that applies to employers with 50 or more employees. This law allows qualifying employees to take up to 12 weeks of unpaid leave in a 12 months period for serious health conditions if they hinder job performance, the adoption of a child, the birth of a child, or the serious health conditions of a parent, spouse or child. Additionally, at any time within one year of the qualifying event, the leave of absence may be taken. Upon return to work, the employer is mandated to guarantee the employee their benefits, pay, and position. Additionally, the Family and Medical Leave Act affords family members of those injured as a result of active military duty professional courtesies.
As it relates to New York State, there are specified family situations that impact your right to take leave:
- New York's Military Family Leave Law- applies to employers with a minimum of 20 employees. If any of those employees have a spouse in the National Guard or Armed Forces who has been deployed during military combat, they are entitled to a maximum of ten days leave while their spouse is also on leave.
- New York's Adoption Leave Law- applies if your employer offers parental leave for the birth of a child, then they must provide the same leave and benefit amount to employees who adopt a child that is disabled and under the age of 18.
- Temporary Disability Insurance in New York - Workers who are temporarily disabled, including pregnancy, may be eligible to receive up to half their regular salary while they are unable to work.
Our law practice focuses on all facets of employment law, and our training and experience equip us to offer high-quality counsel for your legal employment needs.
Age Discrimination Law
The federal Age Discrimination Employment Act applies to companies who employ a minimum of 20 workers and protects employees who are 40 years or older in the employment space. Your employer may not base employment decisions on your age unless age is a genuine qualification for your distinct job position. Federal law allows special treatment to older workers over younger workers. New York City and State age discrimination laws apply to employers with at least four employees.
Hostile Work Environment
New York State and New York City Human Rights Laws, respectively, state that actions such as repeated inappropriate comments, behaviors, or suggestions constitute a hostile environment. These comments or actions, whether discriminatory or sexual in nature, are illegal and can be subjected to a hostile work environment lawsuit. An employee can file a claim whether the harassment is directed at someone else or if they are the person being harassed. Regardless if the harasser is your boss, supervisor, co-worker, or client.
Working in a hostile environment can hinder your ability to perform your job and can make it difficult to be productive. If you have been subjected to or witnessed racial discrimination, inappropriate behavior, sexual harassment, off-color suggestions or jokes, these events constitute a hostile work environment.
Compensation & Pay Discrimination
The Equal Pay Act is a federal law that governs compensation and equal pay. The Equal Pay Act requires employers to pay their female and male employees equally for substantially equal work. The requirement for equality applies to all forms of compensation, including the rate of salary, pay, overtime, stock options, profit sharing, travel expense reimbursement, holiday and vacation pay, bonus plans, and other compensation. If your employer violates this law, you have the option of pursuing a lawsuit in court or filing a Charge of Discrimination with the EEOC.
The Human Rights Laws of New State and New York City offer equal pay and compensation protection to employees of employers with at least 4 workers. Employees may sue employers in violation of this law for back pay. Employers may also be subject to a fine in the amount of $500 per violation and might even face criminal liability.
For a personalized consultation on how our experienced lawyer can help you resolve your legal issue, call us at (347) 427-5999 or complete our online form today.