Whether your business is defending a lawsuit alleging employment discrimination or other labor law violations, or you are an employee terminated on the basis of discrimination or in breach of your employment contract, our firm's employment litigation attorneys can help you.
Employees in New York State, and New York City in particular, are protected by some of the nation's strongest employment and labor laws. While employment in New York is "at will" unless the employment contract states otherwise, New York law strongly protects employees from discrimination, underpayment of wages, workplace safety issues, and breaches of employment contracts and collective bargaining agreements. Title VII of the Civil Rights Act, the New York Labor Law and the Fair Labor Standards Act also require employers to pay the attorney's fees of employees who prevail in litigation. This creates an incentive for employers to settle meritorious claims quickly, and can leademployees to file frivolous actions in the hopes of negotiating a nuisance value settlement.
Our Lawyers Know Employment and Labor Law
Our firm's lawyers are experienced in litigating labor and employment law claims on behalf of employers and employees, as well as drafting employment contracts and advising on labor law compliance issues. We help employers navigate the complexities of New York's labor and employment laws, and defend them in investigations by the New York State Department of Labor, New York State Division of Human Rights and New York City Comptroller's Office. The firm's lawyers are particularly familiar with labor and employment law issues impacting the construction industry, such as prevailing wage claims under New York Labor Law 220 and the federal Davis Bacon Act, and employee classification issues under the New York Fair Play Act and New York Workers Compensation Law. The firm's lawyers have litigated class action lawsuits seeking to recover prevailing wages for hundreds of workers on largepublic projects, and secured the dismissal of frivolous discrimination and employment law claims by terminated workers.
Contact Us to Schedule a Free Initial Consultation
Contact the Muchmore & Associates PLLC at 347-983-2490 to schedule a free initial consultation if you are involved in an employment dispute, including the following:
Title VII and New York Human Rights Law Claims: Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, gender, religion or national origin. Violations give rise to a civil claim for any resulting damages and recovery of attorneys' fees. The New York State Human Rights Law is patterned on Title VII, but extends protections to sexual orientation, military status, gender, marital status or disability. The New York City Human Rights Law goes farther still, and has been given a uniquely liberal construction by New York courts. Our attorneys are experienced in prosecuting and defending discrimination claims in New York state and federal courts and before the New York State Division of Human Rights.
New York Labor Law and FLSA Claims: The New York Labor Law and federal Fair Labor Standards Act provide guidelines for minimum wage, overtime, spread of hours and employee safety. Wage and hour claims are common in New York, particularly on construction projects. Litigation often arises over the number of hours worked or whether an employee is exempt from overtime. Many employers are unaware the salary threshold for exemption from overtime was recently raised by the U.S. Department of Labor to $47,476 per year, or that the ability to classify construction personnel as independent contractors was substantially curtailed by the New York Construction Industry Fair Play Act. Our attorneys can help you navigate compliance with these rules and defend New York Labor Law and FLSA lawsuits.
Prevailing Wage Claims: New York Labor Law 220 and the federal Davis Bacon Act provide that prevailing wages must be paid to workers on public works projects. Prevailing wages are established by unions and are often substantially more than the market rate. As a result, unscrupulous contractors often fail to pay their workers prevailing wages and attempt to cover up such conduct. General contractors on public works projects are strictly liable for underpayments to workers, and often face liability for prevailing wage underpayments by their subcontractors. Our lawyers are experienced in defending against prevailing wage class actions brought by workers on public works projects, and asserting claims against subcontractors that fail to pay prevailing wages. Our firm also represents contractors in prevailing wage investigations by the New York State Department of Labor and New York City Comptroller's Office.
Breach of Employment Contracts: While employment in New York is at will by default, employers and employees can agree by contract to a specific duration or process for termination of employment. Collective bargaining agreements often provide robust protects to union employees that must be followed before they can be terminated. New York employment contacts often impose non-compete and non-disclosure obligations, which are enforceable in litigation if reasonable in scope. Our lawyers have defended and prosecuted claims for breach of employment contracts, and can ensure that rights and obligations provided in employment contracts are enforced.
Workers Compensation: When workers are injured in the course of their employment, they are generally compensated through the New York State Workers Compensation system and cannot directly sue their employers. However, they may still be entitled to sue property owners and other parties, who in turn may have claims for indemnification against the employer. When employers misclassify employees as independent contractors or otherwise fail to obtain workers compensation coverage, they can be liable for substantial penalties under the New York Workers Compensation Law. Our attorneys have litigated claims of injury and penalty claims before the New York Workers Compensation Board, and have successfully defended clients from litigation by the New York State Workers Compensation Fund seeking to assess premiums on the basis of disputed and estimated audits.