Workers in New York City are protected by both federal and state laws mandating that people be fairly compensated. Under these laws, people are guaranteed at least a minimum wage for work they do and, in certain cases, for one and a half times their hourly wage for work performed in excess of 40 hours during a week. Unfortunately, wage theft – paying people less than the law requires – is rampant.
Unfortunately, discrimination in the workplace against people with disabilities is something that occurs too often. The Americans with Disabilities Act protects employees with disabilities from discrimination. The law does more than that because it also requires that an employer reasonably accommodate the employee’s disability so long as he or she can continue with the accommodation to perform the essential functions of the job.
Enacted in 1993, the Family Medical Leave Act (FMLA) is a federal law protecting an employee’s right to unpaid time off to care for themselves or a sick family member. Under this law, employees are guaranteed up to 12 work weeks of protected and unpaid leave for a period of one year when they have qualifying medical or family needs. To be covered for FMLA leave, you must have worked at least 1250 hour in the past 12 months and work for an employer with 50 or more employees.
As an alternative to litigating in court, arbitration has become a popular option for resolving disputes. Arbitration is quicker and cheaper than litigation, but it is a legal process that should be handled by an experienced attorney who can make sure your rights are protected.
Many employers provide severance packages to employees who are laid off. These packages often give employees about to lose their position much-needed financial and medical insurance support for a certain period of time. However, depending on the terms of the particular severance agreement, a person may be waiving legal rights they otherwise have. Having an attorney review your severance agreement before you sign it may be critical for protecting your rights. Call (212) 868-6300 to have your severance agreement reviewed and explained to you.
If you are being hired with an employment contract you should consider consulting an attorney to review or negotiate the agreement for you. Most employment agreements are not negotiated by an attorney for the employee because they consist of the company’s standard clauses, which the company is reluctant to change. In this instance you should have the proposed employment agreement reviewed by counsel to make sure you fully understand what it means. When hiring high level positions or employees in industries with a different culture, attorneys are used to negotiate the agreement. In this instance it might be foolish not to use an attorney to represent you in negotiations. Call Cary Kane at (212) 868-6300 today to speak with an attorney if you want attorney’s review or negotiation of your employment agreement.
If you are about to sign an employment contract to be hired as an executive, professional or managerial employee you should have the agreement reviewed by an attorney before you sign it, to make sure it says what you think it says. Very often employees think they have a binding agreement when in fact they do not. Conversely, there can be times when the employer doesn’t realize it has entered into a binding agreement and thinks instead that the employee is still covered by the employment- at-will doctrine. Verbal agreements may also be enforceable, but more frequently because of legal technicalities they very often are unenforceable.
Despite having laws that require people to be treated fairly and equally regardless of their gender, the attorneys at Cary Kane know that far too many women working in New York City suffer from discrimination and sexual harassment in the workplace. Sexual harassment in the workplace can range from inappropriate comments and touching to being asked for sexual favors.
Both state and federal law provides employees with legal protections regarding discrimination in the workplace. These laws aim to protect workers from not being hired, being fired, or being mistreated as a result of their race, ethnic identity, gender, national origin, sexual orientation, religion or other personal features that have nothing to do with doing a proper job. However, at Cary Kane we know that employers located in New York City can violate the law and unfairly treat their employees.
Both the state of New York and New York City has specific labor laws that are in place to protect employees from being mistreated by their employer. These labor laws ensure that employees are properly compensated for their work and receive time off, among other labor considerations. Unfortunately, at Cary Kane LLP we know that many New York employers violate these city and state labor laws, causing employees to be mistreated and unfairly harmed.