Woods Lonergan PLLC has extensive experience representing clients in the New York City area on a wide range of employment law matters. From wage and hour claims and workers’ compensation to wrongful termination and retaliation, we are committed to helping employers and employees understand their rights and obligations under federal and state law.
Whether your business needs assistance establishing policies and procedures or you believe you have been treated unfairly by your employer, it is wise to consult with an experienced employment law attorney. Contact our office today for a complimentary consultation.
Why You Need a New York City Employment Law Lawyer
Workplaces in the greater New York area are governed by a variety of federal, state, and local laws. While these laws are well intended, they can also be complicated and confusing. Questions often arise about proper employee classifications, employee terminations, wages, overtime pay, and workplace injuries.
Our employment law attorneys know that employees are the most valuable asset resource for businesses; however, disputes are not uncommon. We work proactively with our business clients to help them create a safe and positive working environment and also advise all types of workers about their employment rights.
In the event of disputes, we often recommend pursuing alternative dispute resolution methods (e.g., mediation, arbitration). However, our experience with prosecuting and defending employment litigation keeps us ready for litigation should alternate channels of resolution fail.
Premier Fair Labor Standards Act Attorneys: Wages and Overtime
The Fair Labor Standards Act (FLSA) is a federal law that sets standards for how employers classify and compensate their employees. Generally, all employees in New York City are entitled to be paid the minimum wage of $15 per hour.
Employees who are not exempt from the normal overtime wage rules are entitled to overtime pay of one-and-one-half time (1.5X) their hourly rate for all hours worked over 40 in a week. There are two tests to determine if an employee is considered exempt or non-exempt:
- The Salary Test — Employees who earn less than $35, 568 per year or $687 per week are considered non-exempt and entitled to overtime pay.
- The Duties Test — Employees who perform executive, administrative, or professional duties are considered exempt and not entitled to overtime pay.
At Woods Lonergan, we have in-depth knowledge of various issues relating to employees, independent contractors, employees, and professionals. Our employment law attorneys have substantial experience advising employers and employees across multiple industries, giving us a balanced perspective.
Employment Law: Wage and Hour Claims
Despite the requirements of the FLSA and the New York Labor Law, disputes over wages, employee classifications, and overtime pay are commonplace. Disputes can also arise over unpaid commissions and bonuses, unpaid vacation time, or off-the-clock work.
At Woods Lonergan, we advise employers on how to avoid wage and hour claims by establishing policies and procedures to ensure their compensation practices adhere to applicable law. We also represent employees in wage and hour claims. Above all, we provide our clients with a number of legal options and work to resolve such claims as quickly as possible.
Wrongful Termination and Retaliation
New York is an at-will employment state. This means that both the employer and the employee can terminate the employment relationship at any time, with or without cause. However, employees cannot be terminated for a discriminatory or illegal reason, such as seeking working compensation benefits, asserting a legal right (e.g., complaining about wages), reporting illegal conduct or safety violations, or characteristics such as race, religion, sex, or gender expression.
At Woods Lonergan, we are keenly aware that terminating employees is a highly sensitive issue that can have lasting implications for everyone involved. We counsel businesses throughout New York City during the termination process to help them avoid claims of wrongful termination and retaliation and represent employees who believe they have been fired illegally.
New York City Workers’ Compensation Attorneys
All employers in the greater New York area are required to carry workers’ compensation insurance to protect employees who are injured on the job. Workers’ compensation is a no-fault system that provides benefits to injured workers, such as wage replacement and medical expenses. Workers’ compensation insurance also protects employers from liability. If you have sustained a workplace injury or developed an occupational illness, our firm can help you navigate the complicated workers’ compensation claims process and obtain the benefits you deserve.
Our attorneys negotiate, review and prepare all types of employment contracts, including:
- Employment agreements that specify the rights and responsibilities of both employers and employees and clarify important terms (e.g., duties, compensation, duration of employment, family leave, fringe benefits, grounds for termination, severance pay).
- Nondisclosure agreements are designed to protect a business’s confidential and proprietary information such as trade secrets, processes, and client lists.
- Noncompete agreements restrict key employees — executives, salespeople — from taking positions with competitors or starting a competing business.
- Severance agreements are necessary to outline the terms and conditions of termination (e.g., severance pay, liability waivers).
Whether you are a small to mid-size business that needs to implement employment agreements with your employees, or a prospective employee offered a job and asked to sign an employment agreement, our legal team will work with you to ensure your interests are protected.
Contact Our Experienced New York City Employment Lawyers
Employment laws are constantly evolving, making it crucial to have the informed representation that Woods Lonergan PLLC provides. To better serve you, we offer complimentary consultations on all employment matters. Contact our office today.
Woods Lonergan PLLC helps clients with employment law throughout NYC including the boroughs of Manhattan and Brooklyn.