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Latham, United States Attorneys in related practice areas.
Browse our 3 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Hi, Typically, you must file an EEO complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the discriminatory act. However, if your employer is a state or local government entity, you have 300 days...
Read full answerHello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerThank you and best regards, Kingsley Izimah, Esq. SK Solicitors
Read full answerLatham is a hamlet in the Town of Colonie in Albany County, New York, so employment and labor matters in Latham are governed primarily by New York State law and federal law. Local practices and employer policies may vary, but the legal framework that affects most workers includes state wage and hour rules, discrimination protections, workers' compensation, paid leave programs, unemployment insurance, and labor union laws. This guide explains the common legal issues workers and employers face in Latham and points to how to get help when you need it.
Employment and labor matters often involve complex rules, tight filing deadlines, and high stakes - such as lost wages, job loss, or ongoing harassment. You may need a lawyer if any of the following apply:
- You believe you were fired for an unlawful reason, such as discrimination, retaliation, or whistleblowing.
- You have unpaid wages, incorrect pay, or overtime disputes that your employer will not resolve.
- You face workplace harassment or discrimination based on a protected characteristic such as race, sex, age, disability, religion, national origin, or pregnancy.
- You were misclassified as an independent contractor and lost protections or benefits.
- You suffered a serious workplace injury and are having difficulty obtaining workers' compensation benefits.
- You are negotiating or contesting restrictive covenants such as non-compete, non-solicitation, or confidentiality agreements.
- You need help filing administrative claims with the New York State Division of Human Rights, the New York State Department of Labor, the Workers' Compensation Board, the Equal Employment Opportunity Commission, or appealing a denial of benefits.
Key legal concepts to know in Latham include the following:
- At-will employment - Most private employment in New York is at-will, which means either the employer or the employee can end the employment relationship at any time for any legal reason. Exceptions exist when there is an employment contract, a collective bargaining agreement, or a termination that violates law.
- Wage and hour - New York State sets minimum wage, overtime, and pay frequency rules that often provide greater protection than federal law. Employers must generally pay overtime for eligible employees who work more than 40 hours in a workweek. Certain white-collar exemptions, agricultural work, domestic workers, and others have special rules.
- Leave laws - New York provides statutory protections such as paid sick leave requirements in many jurisdictions, New York Paid Family Leave for qualifying employees, and leave under the federal Family and Medical Leave Act for eligible employers and employees. Leave rights, eligibility, and pay vary by program.
- Discrimination and harassment - Federal statutes like Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act apply, and New York State law often provides broader protections. Employers are prohibited from discriminating and from retaliating against employees who complain.
- Workers' compensation - On-the-job injuries and occupational illnesses are generally covered by the New York State Workers' Compensation Board. Benefits include medical care and wage replacement in many cases.
- Unemployment insurance - Workers who are separated from employment through no fault of their own may be eligible for unemployment benefits through the state program. Eligibility depends on earnings history and separation circumstances.
- Employee classification - Misclassification as an independent contractor can affect wage, overtime, tax, benefit, and unemployment rights. Courts and agencies apply tests to determine proper classification.
- Collective bargaining and unions - Public sector and many private sector employees have rights to organize and bargain. The National Labor Relations Act and state public employment laws govern those processes.
Because New York law is updated periodically and local enforcement priorities can change, you should verify specific rules and current rates or deadlines before acting.
Most private employees in New York are employed at-will, which allows termination by either side for any lawful reason or no reason. However, employers cannot legally fire someone for an unlawful reason such as discrimination, retaliation for protected activity, or in violation of an employment contract. If you suspect your termination was unlawful, consult an attorney promptly.
Keep detailed records of hours, pay stubs, and communications. Raise the issue with your employer or payroll department in writing. If you do not get a satisfactory response, you can file a wage claim with the New York State Department of Labor and consider speaking with an employment lawyer about a claim under state wage laws.
Generally, nonexempt employees are entitled to overtime pay for hours worked over 40 in a workweek. Exemptions exist for certain salaried employees and specific job categories. Whether you qualify depends on your job duties, salary, and classification. If you suspect unpaid overtime, preserve records and seek legal advice.
Harassment based on protected characteristics, including sex, race, religion, disability, and others, is illegal. Employers must take prompt and effective steps to stop harassment once they know about it. Report the behavior through your employer's complaint process, document incidents, and consider filing a charge with the New York State Division of Human Rights or the EEOC. A lawyer can help you evaluate options including administrative claims and civil lawsuits.
Misclassification depends on how much control the employer has over your work, the nature of the relationship, how you are paid, and whether your work is integral to the business. Misclassification can affect minimum wage, overtime, benefits, taxes, and unemployment claims. If you believe you are misclassified, collect evidence of the working relationship and consult an attorney or a state agency for guidance.
Employers often ask employees to sign non-compete or restrictive covenant agreements. New York courts will enforce reasonable non-compete clauses that protect legitimate business interests and are limited in scope, geography, and duration. Overbroad or punitive non-competes may be invalid. If you are asked to sign such an agreement or are being sued under one, seek legal advice before signing or responding to a claim.
If you are injured at work, report the injury to your employer as soon as possible and seek appropriate medical care. Workplace injuries are usually covered by the New York State workers' compensation system, which can provide medical benefits and partial wage replacement. Do not delay reporting, and consult a workers' compensation attorney if your claim is denied or disputed.
Eligibility depends on your employer, job status, and tenure. New York offers a Paid Family Leave program that provides job-protected leave and partial wage replacement for qualifying family care needs, and many employers are required to provide paid sick leave under state or local rules. Check your employer policies and state program rules to determine eligibility and benefits.
Document the discriminatory actions, preserve any relevant communications, and follow any internal complaint procedures. You can file a charge with the New York State Division of Human Rights or with the EEOC. Deadlines and procedures vary by claim type, so consult an attorney promptly to protect your rights and meet filing deadlines.
Time limits vary greatly by claim and forum. Some administrative claims must be filed within months, others within a year or more. Statutes of limitation for civil lawsuits also differ depending on the cause of action. Because missing a deadline can permanently bar a claim, consult an attorney or the relevant agency right away if you think you have a case.
When you need information or to file a claim, the following agencies and organizations are commonly used in and around Latham:
- New York State Department of Labor
- New York State Division of Human Rights
- Equal Employment Opportunity Commission
- New York State Workers' Compensation Board
- New York State Paid Family Leave program
- National Labor Relations Board
- Occupational Safety and Health Administration
- Albany County Bar Association
- Legal Aid Society of Northeastern New York
- New York State Attorney General - labor or consumer protection divisions
If you need legal assistance for an employment or labor matter in Latham, follow these practical steps:
- Gather documentation - collect pay stubs, time records, employment agreements, performance reviews, emails, texts, and any written complaints or responses.
- Create a timeline - write down dates and short descriptions of key incidents, communications, and actions taken so far.
- Preserve evidence - keep original documents and make backups of digital files. Do not delete relevant messages or records.
- Use internal complaint channels - if safe to do so, submit a written complaint to your employer so there is a record of the issue.
- Contact an appropriate agency - wage complaints, discrimination claims, workers' compensation filings, and OSHA safety complaints often start with a state or federal agency.
- Consult an employment lawyer - look for attorneys experienced in New York employment law, and ask about fees, potential remedies, expected timelines, and whether you will get a free initial consultation.
- Consider alternative dispute resolution - some disputes are resolved faster and with less expense through mediation or settlement negotiations rather than litigation.
Act promptly. Employment claims often have strict deadlines and taking early, organized steps improves the chance of a favorable outcome.
