New York Employment Litigation Attorneys
Muchmore & Associates PLLC defends employers from litigation arising under employment contracts, independent contractor agreements, collective bargaining agreements, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the New York Labor Law, the New York State Human Rights Law, and the New York City Human Rights Law. We represent employers in investigations and administrative proceedings before the New York State Department of Labor, the Workers Compensation Board, and the New York City Division of Human Rights. We also negotiate employment contracts, independent contractor agreements, restrictive covenants.
Employees in New York are protected by some of the strongest labor laws in the country. While employment is "at will" unless the employment contract states otherwise, New York law strongly protects employees from discrimination, underpayment of wages, workplace safety issues, and breaches of collective bargaining agreements. Many of these laws impose technical requirements that employers are unaware of, such as the notice of pay rate requirement in New York Labor Law 195. Since the New York Labor Law awards penalties, interest, liquidated damages, and attorneys' fees to prevailing plaintiffs, New York employers are frequently targeted in class actions and collective actions.
Broad Employment and Labor Law Experience
Our firm's lawyers are experienced in litigating labor and employment law claims, drafting employment contracts, and advising on labor law compliance issues. We help employers navigate the complexities of New York's employment laws and defend them in investigations and administrative proceedings. The firm's lawyers are particularly familiar with labor and employment law issues impacting the construction industry, such as prevailing wage claims under New York Labor Law 220 and the federal Davis Bacon Act, and employee classification issues under the New York Construction Industry Fair Play Act and New York Workers Compensation Law. The firm's lawyers defend wage and hour class action lawsuits and have obtained the dismissal of frivolous claims by terminated workers.
Contact Us to Schedule a Free Initial Consultation
Contact us at (917) 932-0299 to schedule a free initial consultation if you are involved in an employment dispute, including the following:
Title VII and New York Human Rights Law Claims: Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, gender, religion or national origin. Violations give rise to a civil claim for any resulting damages and recovery of attorneys' fees. The New York State Human Rights Law is patterned on Title VII, but extends protections to sexual orientation, military status, gender, marital status or disability. The New York City Human Rights Law goes farther still and has been given a uniquely liberal construction by New York courts. Our attorneys are experienced in prosecuting and defending discrimination claims in New York state and federal courts and before the New York State Division of Human Rights.
New York Labor Law and FLSA Claims: The New York Labor Law and federal Fair Labor Standards Act provide guidelines for minimum wage, overtime, spread of hours and employee safety. Wage and hour claims are common in New York, particularly on construction projects. Litigation often arises over the number of hours worked or whether an employee is exempt from overtime. Many employers are unaware that for salaried workers to be exempt from overtime, they must fit exempt categories and meet minimum salary thresholds. For employers in New York City with more than ten employees, the threshold was recently raised to $58,500 for administrative and executive workers. The ability to classify construction workers as independent contractors was substantially curtailed by the New York Construction Industry Fair Play Act. Our attorneys can help you navigate compliance with these rules and defend New York Labor Law and FLSA lawsuits.
Prevailing Wage Claims: New York Labor Law 220 and the federal Davis Bacon Act provide that prevailing wages and supplements must be paid to workers on public works projects. Prevailing wages are established by unions and are often substantially more than the market rate. As a result, unscrupulous contractors often fail to pay their workers prevailing wages and attempt to cover up such conduct. General contractors on public works projects are strictly liable for underpayments to workers, and often face liability for prevailing wage underpayments by their subcontractors. Our lawyers are experienced in defending against prevailing wage class actions brought by workers on public works projects and asserting claims against subcontractors that fail to pay prevailing wages. Our firm also represents contractors in prevailing wage investigations by the New York State Department of Labor and New York City Comptroller's Office.
Breach of Employment Contracts: While employment in New York is at will by default, employers and employees can agree by contract to a specific duration or process for termination of employment. Collective bargaining agreements often provide robust protections to union employees that must be followed before they can be terminated. New York employment contracts often impose non-compete and non-disclosure obligations, which are enforceable in litigation if reasonable in scope. Our lawyers have defended and prosecuted claims for breach of employment contracts and can ensure that rights and obligations provided in employment contracts are enforced.
Workers Compensation: When workers are injured in the course of their employment, they are generally compensated through the New York State Workers Compensation Board and cannot directly sue their employers. However, they may still sue property owners and other parties through an “action over”. Those parties in turn assert claims for indemnification against the employer, whose insurance policies often exclude “action over” coverage. When employers misclassify employees or fail to obtain workers compensation coverage, they can also be liable for substantial penalties under the New York Workers Compensation Law. Our attorneys have successfully defended worker injury claims in court and before the New York Workers Compensation Board. We have also successfully litigated premium disputes with the New York State Insurance Fund and private insurers.