For many workers, the employee/employer relationship is one-sided, with the employer holding all the leverage. Unfortunately, many employers unfairly take advantage of that leverage, especially in a competitive job market. While a myriad of labor and employment laws are in place to protect workers, violations ranging from the seemingly minor to the severe remain common across nearly every industry. Workers at all levels and types — including construction laborers, financial service representatives, office workers, restaurant and other hospitality workers and high-level executives — too often suffer silently. Workers in this position need an aggressive and principled advocate to advise them of their rights, fight for them through the administrative and legal system and redress retaliation. Since 1997, the New York City employee rights law firm of Joseph & Kirschenbaum LLP has been that advocate, fighting for both individuals and classes of workers who suffered exploitation and abuse from employers large and small.A comprehensive employee rights practice
Our New York employment attorneys have helped workers achieve major legal victories. We provide comprehensive representation to employees of all types and levels struggling with labor violations or other illegal conduct by their employers involving:
Overtime — Our firm has recovered unpaid overtime and penalties for individuals and groups of employees in a variety of industries.
Restaurant and hospitality tip theft and other wage-hour violations — Employees are frequently subject to minimum wage violations, tip skimming, improper distribution of tips, time shaving, overtime and other violations.
Prevailing Wage — Construction and maintenance workers on taxpayer-funded jobs are entitled to union level wages even if they are not in a union.
Sexual harassment — Employees have a right to work in an environment free of harassment by their coworkers, managers or clients. Employers must take steps to address this conduct or be held liable.
Discrimination — On-the-job discrimination comes in a variety of forms and may not always be obvious or intentional, but may be nonetheless unlawful.
Whistleblower laws — Employees and others who report illegal conduct by their employers are often protected from retaliation under numerous laws and may even be entitled to compensation under the Dodd Frank and the False Claims Act; in some cases up to 25 percent of what the government recovers as a result of the whistleblower-reported fraud. However, not all reporting of wrongdoing gives you the right to be free from retaliation.
Independent contractors — With increasing frequency, businesses misclassify employees as independent contractors in order to save money on withholding taxes and benefits and to circumvent labor and employment laws.
Unpaid commissions — Commissioned employees and independent contractors have contractual and statutory rights if they are not paid everything they have earned.
Equal Pay Act — Despite the fact that the Equal Pay Act has been in force since 1963, pay disparity between men and women is still commonplace in the United States
Class action lawsuits — When a large number of workers have been harmed in a similar way by an illegal employer practice, a class action lawsuit may allow them to combine their forces to get justice. One plaintiff is usually enough to commence a class action that is potentially to the benefit of all workers who are victims of the same scheme.
Our NYC employment attorneys at Joseph & Kirschenbaum LLP have been assisting workers for nearly 18 years. From high-level managers and executives to cleaning and hospitality workers, our practice protects and achieves justice for all types of employees in all industries. If you believe you have suffered discrimination on the job, been denied wages, were victimized by a hostile work environment or are concerned about other illegal conduct undertaken by your current or former employer, our team of New York City employment lawyers may be able to assist. Contact us today at 212-688-5640 or online to schedule a free intake evaluation. Se habla espanol.