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Employment law, also known as labor law, involves the rights and responsibilities of employees and employers and is mainly established to keep employees safe and ensure they are treated fairly. In Albany, similar to the wider United States, this law covers all aspects ranging from workplace discrimination, wage and hour requirements, worker's compensation, and wrongful termination to safety standards, employee benefits, and family leave mandates.
Employment situations can become complicated, making appropriate legal advice necessary. Common scenarios include drafting of employment contracts by employers, issues with employment discrimination, cases of workplace harassment, disputes over wage and hour laws, and negotiating severance packages. In these circumstances, both employers and employees can benefit significantly from the services of a seasoned lawyer with expertise in employer law.
Under Albany law, employees have various protections. These include the right to engage in "protected concerted activity" under the National Labor Relations Act (NLRA) - such as the right to form a union, minimum wage and overtime protections under the Fair Labor Standards Act (FLSA), as well as a right to a workplace free from discrimination under the Civil Rights Act of 1964. State specific protections also exist such as New York State's own anti-discrimination laws which are imposed by the New York State Division of Human Rights.
Discrimination under Albany law extends to unfair treatment based on race, color, national origin, sex, religion, disability, pregnancy, age, marital status, military service, or sexual orientation.
Workplace harassment can include unwelcome comments, behavior, or actions based on an individual’s race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information.
Yes, under the Fair Labor Standards Act (FLSA), eligible employees must receive overtime pay of at least 1.5 times their regular pay rate for all hours worked over 40 hours in a workweek.
There are various protections under Albany law, including protection against termination based on discrimination, retaliation, violation of public policy, or failure to adhere to the employer's own termination procedures.
As of September 30, 2020, the New York State Paid Sick Leave Law requires all employers to provide sick leave to their employees. The amount of paid sick leave required depends on the employer's size and net income.
For more resources, the New York Department of Labor provides information about state labor laws, rights & protections, and safety & health. Additionally, the New York State Bar Association offers a Lawyer Referral Service that can connect individuals to lawyer specializing in employer law.
If you need legal assistance, consider first obtaining legal counsel. This can be done by reaching out to the New York State Bar Association's Lawyer Referral Service or another legal referral provider. Always ensure that your chosen lawyer specializes in employment law or has significant experience in the field. It's also important to understand your rights as an employer or employee, which can be achieved through reading relevant literature or online resources provided by government departments or organizations.
