Areas of Practice
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Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty for each violation. Speak to our attorneys for details.
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If you work more than 40 hours in a week, your employer must pay at least 1.5 times your regular rate of pay for hours worked over 40.
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A sales commission is a sum of money paid to an employee upon completion of a task, usually selling a certain amount of goods or services. Unpaid commissions are unpaid wages, and you have a legal right to the commission you earned following a sale.
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Employers are not allowed to make illegal deductions from workers’ wages. This includes deductions for breakages, cash shortages, fines, losses to the business, charges for check replacement, overcharges for paid family leave premiums and others.
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If you feel that you have been wrongfully fired from a job or let go from an employment situation, speak to our attorneys to determine whether you have legal recourse to fight back.
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Retaliation occurs when an employer fires an employee or takes any other type of adverse action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity.
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Harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
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Religious discrimination involves treating an employee unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
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A hostile environment can result from unwelcome conduct that renders the workplace atmosphere intimidating, hostile, or offensive. The law can protect you.
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It is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law forbids discrimination in every aspect of employment.
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When job applicants or employees request job modifications, disability laws require employers to provide reasonable accommodations (changes to the ways things are usually done) to employees and job applicants who have or had an impairment that substantially limits a major life activity, unless doing so would cause undue hardship for the employer. A reasonable accommodation can help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
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The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.
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An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or because of the prejudices of co-workers, clients, or customers. Discrimination is forbidden when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment.
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Employers cannot discriminate against individuals based on sexual orientation or gender identity. Discrimination includes severe or pervasive harassment. It is unlawful for an employer to create or tolerate such harassment based on sexual orientation or gender identity. Further, if an employee reports such harassment by a customer or client, the employer must take steps to stop the harassment and prevent it from happening again.
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National origin discrimination includes the denial of equal employment opportunity because of an individual’s, or his or her ancestor’s, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. It considers (a) marriage to or association with persons of a national origin group; (b) membership in, or association with an organization identified with or seeking to promote the interests of national origin groups; (c) attendance or participation in schools, churches, temples or mosques, generally used by persons of a national origin group; and (d) an individual’s name or spouse’s name is associated with a national origin group.
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Being let go from a job is stressful, but you might be able to negotiate the terms of your severance package to suit your needs while finding another employer. Speak to our attorneys to help you work out the best possible outcome.
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Whistleblowers perform an important service for the public when they report evidence of wrongdoing. Employers may not discharge or otherwise retaliate against an employee because the employee has filed a complaint or exercised any other rights provided to employees.
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If an employment agreement has been breached, speak to our attorneys to determine what the law can do to help you.
Frequently Asked Questions
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Yes! The Fair Labor Standards Act (FLSA) and New York and New Jersey Labor Laws require that covered employees be paid at least time and a half of their regular rate of pay for all hours worked over forty per workweek. The overtime pay requirement cannot be waived. This means that even if you and your employer agreed that you would not be paid overtime, you may still be entitled to overtime pay.
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You may be. Often, employers improperly classify their employees as exempt from overtime pay – when the employees are covered by the FLSA due to a number of exemptions to the overtime rules. Because the list is extensive, it is best to review your position with an experienced employment attorney to determine your eligibility.
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Yes. Undocumented workers have the same legal rights as United States citizens to file claims for unpaid wages.
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Yes. Often employees are misclassified as exempt from overtime and paid on a salary basis, although it depends on the facts of your case. Contact our experienced employment attorneys to determine your eligibility.
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In New York and New Jersey there is a six year statute of limitation, depending on the facts of your case. Contact our experienced employment attorneys to determine your eligibility.
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We operate on a contingency fee basis and do not charge attorneys’ fees unless we pursue your claim and recover money on your behalf. If you believe that you are owed unpaid wage or overtime pay, call us for a free case evaluation with an experienced attorney. We will analyze your case and, if the law supports it, aggressively litigate your case.
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Federal and State laws prohibit employers from retaliating against employees for filing claims demanding to be paid overtime.
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An employer is required to keep detailed time records – you are not required to keep them. Even if you don’t have the time records, you may still be eligible to collect unpaid overtime.
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Yes we do. If you or someone you know were not paid the minimum wage (in 2022 $15 per hour in NY and $13 per hour in NJ) for every hour that was worked, or if an employer or management improperly deducted tips/gratuities or service charges, call us for a free consultation.
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Many types of workers are not paid correctly. Call us to discuss. We have handled cases involving construction workers, drivers, sales people, office workers, security guards, bankers, restaurant workers, medical office workers, ambulette drivers and others.
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Yes, we also handle many types of employment discrimination cases, including national origin, race, age, sex, disability, and religious discrimination and harassment cases. If you were harassed or wrongfully fired and feel it may have been due to illegal discrimination give us a call for a free consultation.
Let’s talk.
We’ll have a chat and walk you through every step of the process.