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 New York employment attorneys regularly advise employers on best practices concerning a variety of matters, including:
- 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.
- Reductions in workforce and 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.
Our firm has substantial experience managing wage and hour investigations and litigation, employment discrimination and workplace harassment prevention, policy development and litigation, and 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 workplace harassment prevention, FMLA and ADA compliance, wage and hour best practices, and application of recent case law.
No matter the size or maturity of your company, our team at Rosenberg Fortuna & Laitman, LLP can help. Request an initial consultation with us by calling our number (516) 200-3935 or contacting us online.