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Browse our 3 legal questions about Employment Rights in United States and the lawyer answers, or ask your own questions for free.
Employment rights law in New York protects workers from unfair treatment, unsafe conditions, and discrimination in the workplace. These laws grant employees a range of protections related to wages, overtime, workplace safety, family leave, and protection against wrongful termination and discrimination. In addition to federal labor laws that set minimum standards, New York State has implemented broad and sometimes more comprehensive protections for employees. Understanding your rights is crucial whether you are starting a new job, facing issues at work, or ending employment.
Employment law is complex, with unique rules for different situations. You might need an employment lawyer in New York if you experience:
An attorney specializing in employment law can help you understand your rights, file the necessary complaints, and represent you in negotiations or legal proceedings.
New York State employment laws go beyond many federal minimums to offer additional protections. Key aspects include:
Wrongful termination includes being fired for discriminatory reasons, retaliation for filing a complaint or whistleblowing, or in violation of an employment contract or public policy.
Document the events, including dates and details, report the discrimination to your employer or human resources, and consider filing a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).
The minimum wage in New York varies by region and employer size. As of 2024, it ranges from 15 dollars per hour or more in New York City, Long Island, and Westchester, with other regions slightly lower.
Most private employees in New York State are eligible for Paid Family Leave if they meet certain work duration criteria. Public employees may be covered if their employer has opted in.
Most non-exempt employees in New York must be paid one and one half times their regular rate for all hours worked over 40 in a workweek. Some workers are exempt from overtime due to their job duties or salary.
It is illegal for employers to retaliate against employees for reporting violations of law, making complaints of discrimination or harassment, or participating in investigations.
You should document the harassment, report it to your employer or human resources, and consider seeking legal advice or filing a complaint with the New York State Division of Human Rights or the EEOC.
The classification depends on how much control your employer has over your work and other factors. Misclassification is common and can be challenged with the help of a labor attorney.
Yes, undocumented workers are generally entitled to protection from discrimination, wage theft, and unsafe working conditions under state and federal laws.
Keep accurate records of your work hours and pay, attempt to resolve the issue with your employer, and if unresolved, file a complaint with the New York State Department of Labor or seek legal help.
Several organizations and agencies provide information and assistance related to employment rights in New York:
If you think your employment rights have been violated, consider taking these steps:
Employment law can be complicated. Consulting with an experienced attorney ensures you understand your rights and options according to the specifics of your situation. Taking prompt action increases the likelihood of a favorable resolution.
