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Labor and Employment

NY Employment Lawyers Serving All of New York

The law firm of Elovich & Adell represents countless employees in a wide range of labor and employment issues. Many people feel they are victims of unfair employment practices, but they are uncertain if they have an actionable case; the attorneys at the law offices of Elovich & Adell are here to help.

Areas of Labor and Employment Law that we handle include but are not limited to:

  • Workplace discrimination - based on gender, race, age, nation of origin, disability or religious affiliation and more
  • Retaliation or wrongful termination - including victims of harassment, intimidation, a hostile work environment or poor job reviews
  • Sexual Harassment claims - including unwelcome sexual advances and other verbal or physical conduct of a sexual nature
  • Wage and hour disputes - including unpaid overtime and off-the-clock work
    We are committed to protecting the rights of employees as they pertain to all aspects of employment and pride ourselves on our service and experience.
  • Discrimination - Discrimination still runs rampant in every industry. Employees should be hired and evaluated by their qualifications and performance, not by their skin color or any other factor that qualifies as unlawful. Federal, state, and city laws prohibit discrimination on the basis of race, sex, national origin, religion, age, disability, pregnancy, and other grounds. Additionally, New York State laws also prohibit discrimination based on sexual orientation, marital status, citizenship, and conviction and arrest records.

    The law prohibits employers from discriminating against you, and forbids employers from punishing, and even firing, you if you complained about discrimination. The law also protects you if you helped a fellow employee report discrimination or if you participated in an investigation. No employer has a right to retaliate against you and adversely alter your employment due to your reporting discrimination in the workplace.

    If you feel that you are the victim of inequality at work, you are not alone. Did you lose that promotion to someone less qualified? Is your boss prejudiced toward you because of your age, race, sex, or religion? You have a right to fight against this. The skilled attorneys at the law offices of Elovich & Adell have detailed experience in dealing with all the facets and intricacies of discrimination and can help guide you through your claim.
  • Sexual Harassment - Sexual harassment continues to be one of the most harmful forms of employment discrimination. The laws prohibiting sexual harassment in New York state and elsewhere are clear that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct affects an individual's employment, unreasonably interferes with an individual's work performance, or creates a hostile, or offensive work environment.

    The claim of sexual harassment can take two forms. The first is that you have been subjected to a hostile environment because of conduct exhibited by your colleagues or supervisors to such an extent that it creates an abusive working environment. You need not prove an economic loss, such as failure to secure pay raises, to be successful. The second form of sexual harassment is known as “quid pro quo,” which requires an economic loss to be occasioned before your complaint can succeed. These losses may include firing, a failure to receive a raise or promotion, or other direct loss of remuneration in the work place.
  • The Equal Employment Opportunity Commission (EEOC) - was created to protect you from unwanted sexual overtures at your job, and federal laws give you the right to retain your job and job status if you choose to pursue legal action against offenders. If you have experienced sexual harassment in the work place, you should not suffer in silence or go through it alone. Contact the attorneys at the law offices of Elovich & Adell to get the assistance you deserve, with extensive experience in harassment and discrimination claims, they are here to help.
  • Wage and Hourly Claims - Federal and New York State laws require employers to pay their employee a minimum wage, overtime pay and prevailing wage rates. These laws also give employees the right to lunch breaks and other types of breaks during their work schedules as well as standards on work aspects such as tips, commissions, and many more.

Common wage and hour cases include but are not limited to:

  • Minimum Wage - The current federal and state minimum wage is $7.25. Most employees are entitled to hourly pay at the full minimum hourly rate. Additionally, New York State has recently passed legislation which will increase the minimum wage from $7.25 per hour to $9.00 per hour over three years.
  • Overtime Violations - Employees paid by the hour are entitled to one-and-one-half times their regular hourly rate for all hours worked over 40 in a week. Even salaried employees earning less than $100,000 may be entitled to overtime pay.
  • Improper exemption classification - Employees who are improperly classified as non-exempt may be entitled to overtime pay, even if they are salaried. Titles of positions are not relevant to whether overtime pay is owed, thus some "managers" or "vice presidents" may be entitled to overtime pay.
  • Tip splitting - While tip pools may be valid if they meet certain strict criteria, an employer violates the law if back of the house employees share tips or if managers share tips with service employees.
  • Improper deductions - This includes deductions for uniforms, bicycles, broken dishes or equipment, meals during business trips, meals when meeting with clients and other expenses that are not reimbursed.
  • Commissions - Employees working on a commission basis are still entitled to minimum wage and, generally, are entitled to overtime pay.

New York state and federal laws that govern wages are complex and can be difficult to understand. If you believe that your employer has violated your rights, contact the attorneys of Elovich & Adell. We can assist you in standing up to your employer to ensure you are being paid the proper wages and receiving suitable treatment.