Labor Attorney in NY : Labor Advisory Guide

New York Labor Law Section 740 protects employees who report violations of law, refuse unsafe work, and participate in safety investigations. The Fair Labor Standards Act establishes minimum wage and overtime requirements that apply nationwide. New York also imposes stricter wage and hour standards than federal law in many cases. Employers must comply with the most stringent standard applicable. A labor attorney in NY ensures your organization meets all applicable requirements across both jurisdictions.

New York has established minimum wage rates that exceed the federal minimum and vary by region and employer size. As of 2024, minimum wage in New York City differs from upstate regions. Overtime requirements mandate that non-exempt employees receive time and one-half for hours exceeding 40 per week. Misclassification of employees as exempt versus non-exempt is a common violation that exposes employers to significant liability. Proper classification and accurate wage calculations are essential components of labor advisory services.

New York law prohibits discrimination in hiring, promotion, compensation, and termination based on protected characteristics. The New York City Human Rights Law expands protections further by including additional categories and lowering the threshold for employer liability. Retaliation against employees who report discrimination is strictly prohibited. Employers who fail to investigate complaints promptly face increased exposure to damages and penalties. Understanding these protections helps employers develop compliant policies and helps employees recognize unlawful conduct.

New York requires employers with 15 or more employees to provide annual harassment prevention training to all employees. The training must cover sexual harassment, harassment based on protected characteristics, and bystander intervention. Managers and supervisors require additional instruction on recognizing and addressing harassment. Documented training completion demonstrates an employer's commitment to prevention and can reduce liability in discrimination cases. A labor attorney in NY ensures training programs meet statutory requirements and address your organization's specific workplace dynamics.

New York courts enforce non-compete agreements only when they protect legitimate business interests such as trade secrets, confidential information, or substantial relationships with prospective or existing customers. The restriction must be reasonable in time, area, and line of business. Overly broad restrictions are unenforceable. Confidentiality agreements must clearly identify protected information and explain legitimate business reasons for protection. Combining employment contracts with business advisory guidance ensures your agreements achieve protective goals without overreaching.

Separation agreements must clearly specify consideration, release of claims, and any post-employment obligations. New York Judiciary Law Section 5003 requires that employees over 40 receive additional time to review severance agreements that include age discrimination waivers. Releases must be knowing and voluntary to be enforceable. Improperly drafted severance agreements may be unenforceable or expose employers to additional litigation. Careful drafting protects both parties and facilitates smooth employment transitions.

Employment cases filed in New York Supreme Court must comply with the Civil Practice Law and Rules, which establish filing deadlines, discovery procedures, and motion practice. Cases in federal court follow the Federal Rules of Civil Procedure and are subject to federal substantive law for federal claims. The Eastern District of New York and Southern District of New York maintain different local rules and judicial practices. Statutes of limitations vary depending on the claim type, ranging from one year for wage theft claims to three years for breach of contract. Understanding these procedural distinctions is essential for effective representation and timely case management.

The New York State Division of Human Rights accepts discrimination complaints within one year of the alleged violation. The New York Department of Labor investigates wage and hour violations and can impose penalties and require back wages. The National Labor Relations Board oversees union organizing and unfair labor practice claims in New York. Each agency has specific procedures for filing complaints, investigation processes, and appeal rights. Administrative remedies often precede or run parallel to court litigation. A labor attorney in NY coordinates strategy across multiple forums to protect your interests effectively.