New York affords many of its employees rights in the workplace. However, while federal, state, and local laws provide these protections, employers don’t always respect them. This can lead to you experiencing unfair treatment at work and your employer taking advantage of you. When you suffer a workplace violation, know that there are actions you can take against your employer to get what you deserve. Employment law can be extremely complicated, but you deserve to be treated fairly and with respect in your workplace. Our employee rights attorneys are here to represent you to protect your rights.
Many workplace violations can occur, and these can happen in any industry. At Brown Kwon & Lam, we’re prepared to help you through a range of employment violations. Our employee rights attorneys can assist with the following types of cases.
- Contracts and Agreements
During the course of your employment, you’ll come across various contracts and agreements to sign. This includes employment contracts, non-compete agreements, and severance agreements. These are legally-binding contracts, so it’s important that you consult with an employment lawyer before signing anything. If you have any concerns over whether or not the terms and conditions on one of these documents are enforceable, an employment lawyer can provide guidance. An employer can also help you negotiate for better terms and conditions.
When you and your employer sign a contract or agreement, they also agree to the terms and conditions listed. However, they may end up not following through on their promises. If your contract is breached, you’ll need the help of any employment lawyer. If you experience a breach of contract, we can help
- Fair Labor Standards Act Workplace Violations
The Fair Labor Standards Act (FLSA) is a federal labor law that helps to ensure fair work practices regarding the minimum wage, overtime pay, record keeping, and child labor standards. However, the FLSA does not cover all employees, so it can be difficult to understand what your rights are. If you suspect you’ve experienced an FLSA violation, Brown Kwon & Lam can help.
- Family and Medical Leave Act Violations
If you or a close family member are seriously ill, you may be able to take a leave of absence from your job under the Family and Medical Leave Act. The FMLA gives eligible employees the ability to take time off from work if they or a close loved one has a serious medical condition, to care for a loved one in the military, or for the birth, adoption, or fostering of a child. There are several ways an employer can violate your FMLA rights. They can’t refuse valid requests or retaliate against you for using the FMLA time the state entitles you to.
- Drug Testing Violations
New York law bans pre-employment marijuana drug testing for many employees. Of course, that doesn’t mean all employers adhere to this rule. This can lead to some being denied employment when the position they applied for didn’t meet the qualifications for requiring a drug test. If you’ve been denied employment due to drug testing violations, you deserve to get help.
- Fraudulently Lured Into a Job
The perks your employer promised were likely a large reason for why you took your job. When an employer says you’ll be able to receive certain benefits, you might assume there’s no reason to doubt them. However, now you’ve realized these promises weren’t true and you’ve been fraudulently lured into a job. This is a complicated situation that the employment lawyers at Brown Kwon & Lam can help with.
What To Do If You Suspect Workplace Violations in New York?
Here are some key points to consider when it comes to workplace violations in New York:
- Reporting Suspected Workplace Violations: The New York State government provides an avenue for individuals to report suspected workplace violations. This can be done through their website or by calling the Task Force hotline at 1-888-469-7365. Reports can be made anonymously to protect the identity of the individual reporting the violation.
- Filing a Workplace Complaint with DCWP: The New York City Department of Consumer and Worker Protection (DCWP) allows workers to file complaints regarding business violations of workplace laws. The information provided during the complaint process is treated as confidential and will not be disclosed without consent.
- Hostile Work Environment: Employees who have experienced a hostile work environment in New York have rights and protections. It is essential for individuals to understand their rights and take appropriate action to protect themselves. Seeking legal advice from a workplace harassment lawyer can provide guidance in navigating such situations
- Workplace Safety: Both the New York State government and the Occupational Safety and Health Administration (OSHA) have regulations in place to ensure workplace safety. Employers must provide a safe working environment for employees, free from known health and safety hazards.
Statute of Limitations for Workplace Violations in New York
The statute of limitations for workplace violations in New York can vary depending on the specific type of violation.
- Workplace Discrimination and Harassment: For causes of action occurring after August 12, 2020, the statute of limitations for filing a complaint with the Division has been extended from one year to three years for sexual harassment cases.
- Employment Law Claims: In general, the statute of limitations for employment law claims in New York is typically three years. However, if the court determines that the violation was "willful," the statute of limitations remains at three years.
- Discrimination Complaints with the NYC Commission on Human Rights: Complaints of discrimination must be filed with the NYC Commission on Human Rights within one year of the last alleged act of discrimination, or three years for cases involving gender-based discrimination.
- Wage and Hour Violations: Individuals who want to bring a claim for wage and hour violations have up to six years to file a complaint.
New York City Employee Rights Lawyers Who Can Help
Employees shouldn’t have to suffer because employers violated their rights. If this has happened to you, Brown Kwon & Lam can help you fight back to get what you deserve. Our employee rights lawyers can help you through a range of workplace violations and hold your employer accountable. These are complex matters that require care and attention, and we commit to giving employees in New York City the legal counsel they need.
If you’ve suffered due to a workplace violation, contact Brown Kwon & Lam today to see how we can help.