New York Employment Lawyer
Sophisticated Legal Guidance on Employment Matters
Employers are regularly faced with numerous challenges when managing their
workforces. Failure to follow the complex regulatory requirements that
govern employers and employees can result in significant liability exposure
and professional reputational damage.
Our New York employment lawyers at
Rosenberg Fortuna & Laitman, LLP can handle virtually all matters involving the employer-employee relationship.
We routinely work with senior management and human resource professionals
to devise beginning-to-end solutions that protect our clients and keep
them in compliance with federal, state, and local employment laws.
Our Employment Law Service Areas
We can support both
emerging companies building their businesses from the ground up as well as existing firms
with vast workforces. The number of individuals employed by your company
can impact the laws that apply to your business. Regulatory requirements
also differ significantly between states. Our team can help you understand
your specific obligations.
Our firm has substantial experience managing:
- Wage and hour investigations and litigation
- Employment discrimination
- Workplace harassment prevention
- Policy development and litigation
- Independent contractor analysis
Our New York employment lawyers have also implemented in-house management
training for employers on a wide range of employment law-related topics.
Through the use of these resources, we have assisted firms with FMLA and
ADA compliance, wage and hour best practices, and application of recent case law.
Disability Accommodations
The Americans with Disabilities Act (ADA) mandates that employers throughout
the United States provide “reasonable accommodations” when
requested by employees living with disabilities. While companies are generally
required to negotiate in good faith, a firm may not necessarily need to
provide an accommodation if doing so would constitute an undue hardship.
We can review any disputes involving disability accommodations and ensure
that your firm is operating within its rights when declining to provide
accommodations that are too challenging or expensive to implement.
Disability Leave
The ADA defines taking temporary leave as a reasonable accommodation. The
Family & Medical Leave Act (FMLA) also allows qualifying employees
to take unpaid leave to manage serious health conditions. The FMLA only
applies to eligible employees and employers of certain sizes. We can evaluate
your company’s leave policy and advise whether it meets federal
and state-level requirements.
WARN Act Implications
The Worker Adjustment and Retraining Act (WARN) requires that larger employers
give at least 100 days of notice to employees before a substantial reduction
in a workforce can take place. There are certain exceptions permitted
in extenuating circumstances, but some states also have their own advance
notice regulations. If your company is forced to initiate layoffs, we
can ensure that all WARN Act requirements are followed.
Restrictive Covenants Agreements
Nondisclosure and non-compete agreements help businesses protect intellectual
property, institutional knowledge, and other sensitive information from
being disseminated to competitors by current or former employees. Most
restrictive covenants are entered when an employee is hired, while others
are initiated as part of a severance agreement.
Non-compete agreements must be carefully handled, as they are not enforceable
in some states. In others, these contracts are enforceable but must be
carefully drafted to remain reasonable in scope. We can evaluate existing
restrictive covenant agreements to identify potential deficiencies as
well as draft and implement new contracts.
Hiring and Separations From Employment
Both the hiring and dismissal of any employee must be carefully handled
to avoid any impressions or allegations of discrimination, retaliation,
or wrongful termination. We can work with your company’s recruitment
and human resources departments to establish best practices for your hiring
process. We can also review planned dismissals and anticipate potential issues.
Performance Management
Providing constructive or negative feedback to employees can lead to a
myriad of problems if mishandled. Inappropriately framed comments can
result in accusations of discriminatory behavior or wrongful termination.
We can work with your firm’s management team and human resources
department to adjust and refine performance management framing and scripts.
Sexual Harassment
Allegations of sexual harassment in the workplace must be taken extremely
seriously to avoid opening up your company to substantial liability. Our
team can provide educational resources and training to your workforce
and provide guidance to your human resources department.
Benefits
Employers are required to provide certain benefits, including medical health
insurance and vacation pay, for full-time employees. Independent contractors
and some part-time employees are exempted from these benefit requirements,
but misclassifying employees can expose a company to considerable liability.
We can review your firm’s benefits structure and ensure that all
local and federal rules are being followed.
Overtime
The Fair Labor Standards Act (FLSA) is a federal law that mandates that
all United States employees must receive overtime pay under certain conditions.
Some employee classifications are exempted from this requirement and are
not entitled to overtime compensation. Our team can review your employee
records to ensure that each worker is classified and compensated appropriately.
Workplace Discrimination
Treating someone differently as a result of their age, gender identity,
sexual orientation, race, religion, national origin, pregnancy, or familial
status constitutes employment discrimination. These offenses can occur
both in the workplace and during the hiring process. We can
Wage and Hour Compliance
Employees must be appropriately compensated for their time worked. Each
state has its own set of rules and regulations governing minimum wage,
sick pay, and compensation involving meals and breaks. Workers must also
be paid at appropriately regular and reliable intervals. We can coordinate
with your payroll services to ensure that all local and state-level wage
laws are being met.
Get the guidance that your firm needs. Call
(516) 200-3935 or
contact us online today to speak to a member of our team.
