Federal Employment Law Attorneys in New York, NY

A federal employment law attorney can represent your interests when you have suffered from federal employment law violations, such as violations of the Fair Labor Standards Act (FLSA), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and Occupational Safety and Health Act (OSHA).

FLSA Violations

Violations of the Fair Labor Standards Act include violations of minimum wage, workers compensation, overtime pay, and wage and hour laws. Federal laws provided for minimum basic requirements that have to be observed in employment, while state laws may provide greater (but not lesser) benefits. For example, New York has enacted a higher minimum wage than the federal minimum wage.

If your employer has violated wage and hour laws, your federal employment law attorney can file a lawsuit for unpaid wages. Claims can also be filed with the New York State Department of Labor or US Department of Labor. Jurisdiction of the Department of Labor would depend on whether your wage dispute is specific to New York law, covered by federal law, or covered by both federal and state law.

Discrimination Lawsuits

Another type of federal employment law violation is discrimination. In New York, an employee is generally employed at-will, which means the employee can be dismissed for no cause. Still, at-will employees cannot be dismissed for unlawful causes, such as discriminatory reasons, in breach of contract, or for asserting rights under wage and hour laws.

Employment discrimination can be related to race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, or retaliation. Generally, your federal employment law attorney must first file the claim before the EEOC before filing a federal lawsuit in court. More information on EEOC claims here: EEOC Lawyer – what we do, types of discrimination covered and the procedure we use - Law Offices of Albert Goodwin (albertgoodwin.com)

However, your federal employment law attorney may file the claim straight with the court if it is a violation of state discrimination laws, the Equal Pay Act, or the Age Discrimination in Employment Act. More

The EEOC handles federal employment law violations. If your claim is based on state law, you may be able to file your lawsuit straight with the court.

For ADEA violations (age discrimination), you have to file a charge with the EEOC, but you don’t need a Notice of Right to Sue to file a lawsuit in court. You can file your lawsuit after 60 days from the time you filed the charge with EEOC.

For violations of the Equal Pay Act, on the other hand, you don’t even need to file a charge with the EEOC. You can go straight to court within two years from the date the pay discrimination took place (or three years if the discrimination was willful).

OSHA Violations

The Occupation Safety and Health Act requires workplaces to take treasonable measures in preventing injuries and illnesses. Examples of OSHA violations are inadequate fall protection measures, hazardous chemical exposure without proper protection, electrical hazards, or improperly maintained fire extinguishers. Violations can be filed online or with the local OSHA office.

If, however, you have been injured at work in New York due to an OSHA violation, you can either file a claim with workmen’s compensation, which is a no-fault regime, or a personal injury lawsuit. These remedies are exclusive, and filing of one precludes you from filing the other. The only exception is, if you file the personal injury lawsuit, not against your employer, but against a third party. For example, if your injury was caused by a defective product and you sustained the injury in your workplace, you can file a workmen’s compensation claim and, at the same time, a personal injury lawsuit against the manufacturer of the defective product.

Federal employment law violations can be a complex matter. Both federal and state laws may apply. A federal employment law attorney can evaluate your situation to find the best remedy for your case. Should you need assistance in issues regarding federal employment law, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].