Employment Litigation
Employment disputes move quickly and are often decided by what happens in the first weeks. We represent employees, employers, and business owners in New York State and federal court, individually and in class and collective actions.
What we handle
For employees
- Wage-and-hour claims, including unpaid overtime and off-the-clock work
- Misclassification as an independent contractor or exempt employee
- Discrimination, harassment, and retaliation
- Severance and separation agreements
- Non-competes and restrictive covenants
- Class and collective actions
For employers and business owners
- Defense of wage-and-hour, discrimination, and retaliation claims, including class and collective actions
- Enforcement and defense of restrictive covenants and confidentiality agreements
- Executive, compensation, and separation disputes
- Counsel while a dispute is developing and before it is filed
Common questions
Am I owed overtime?
Most non-exempt employees in New York are owed one and a half times their regular rate for hours over forty in a week. Being paid a salary, or being called a contractor, does not by itself make a worker exempt; the work actually performed controls.
How long do I have to bring a wage claim?
Six years under the New York Labor Law, and two years under the federal Fair Labor Standards Act, extended to three for willful violations. Claims can often be brought on behalf of similarly situated co-workers.
Are non-competes enforceable in New York?
Only to the extent they are reasonable: they must protect a legitimate business interest, be limited in time and geography, not impose undue hardship on the employee, and not injure the public. Courts scrutinize them closely, and the outcome depends on the role, the industry, and the drafting.
Can I be fired for complaining about pay or discrimination?
No. Retaliation for complaining about wage violations, discrimination, or harassment is unlawful under the New York Labor Law and the State and City Human Rights Laws, and a retaliation claim can succeed even where the underlying complaint does not.
General information, not legal advice. Outcomes depend on the facts of each matter.
Discuss an employment dispute. The initial consultation is free for employees.