Employment & Sexual Harassment Attorneys in New York City, New Jersey, Philadelphia & Miami
Act Now! Your Rights May Be Time Sensitive
At Derek Smith Law Group, PLLC, our lawyers, understand how difficult it can be for regular employees to fight back against companies that violate employment laws. Our law firm is highly experienced in defending against all forms of workplace harassment and employment discrimination cases and can help you effectively fight back against your current or former employer’s illegal practices.
What are the Different Types of Workplace Discrimination?
What are the Different Types of Sexual Harassment?
Employers in New York City, New Jersey and Philadelphia, PA are required to pay hourly employees and some salaried employees in accordance with the Fair Labor Standards Act (FLSA). However many New York City, New Jersey, and Philadelphia, PA employers require employees to work off-the-clock, fail to pay time and a half for overtime, or claim that they do not have to pay overtime because employees are non-exempt. The most common violations of the Fair Labor Standards Act (FLSA) are:
- failure to pay overtime or violation of overtime laws.
- requiring people to work off the clock.
The New York City, New Jersey, and Philadelphia, PA wage and hour law Lawyers at the Derek Smith Law Group have extensive experience handling wage and hour violations related to overtime laws and employees forced, by their employers, to work off the clock. If you feel you have a Wage and Hour claim in New York City, Philadelphia or New Jersey contact our Wage and Hour Lawyers now for a free consultation.
Violation of Overtime Laws
According to the FLSA, employers in New York City, New Jersey, and Philadelphia, PA are required to pay employees premium pay for any hours worked over forty hours in a fixed and regularly recurring 168 hour period. Many employers skirt this law by promoting people into salaried positions, giving them a title such as assistant manager, and claiming they are exempt. While recent changes in New York City, New Jersey, and Philadelphia, PA overtime laws have made few people eligible for overtime, many employers are still illegally withholding overtime pay. The Wage and Hour Law Lawyers at the Derek Smith Law Group committed to helping employees who have been unfairly denied overtime pay.
Many jobs require employees to perform specific duties before they can begin working or once they have completed their work activities. Any time you are performing any work related activity, you must be financially compensated by your New York City, New Jersey or Philadelphia, PA employer. Some activities such as daily machinery maintenance, discussing production schedules, and discussing daily assignments are often not compensated and therefore qualify as working off-the-clock.
Retaliation for Wage and Hour Complaints
Employees can not be fired for making complaints about failure to pay overtime wages or working-off-the-clock. In addition to handling these claims, the wage and hour attorneys at the Derek Smith Law Group also have significant experience handling claims related to retaliation, workplace discrimination, and sexual harassment.
The U.S. Equal Employment Opportunity Commission, or EEOC, is a federal agency established to oversee and enforce civil rights regarding discrimination and sexual harassment in the workplace.
Individuals that have been subjected to discrimination or sexual harassment in New York City, New Jersey, Philadelphia and Miami may be required to file for relief through the EEOC before they can bring a discrimination lawsuit in Federal Court against an employer. In New York City, New Jersey and Philadelphia, ordinarily a claim for employment discrimination must be filed with the EEOC within 180 days of the discriminatory action. Once the EEOC carries out an investigation of the discrimination or sexual harassment claim, and if probable cause is determined, then the individual may either take action through an administrative hearing conducted by the EEOC or through civil court litigation.
Wrongful Termination | Wrongful Termination Attorneys in New York, New Jersey, Philadelphia & Miami
In New York, New Jersey, Philadelphia and Miami, absent some employment contract, employees are presumed to be employed “at will.” This means that the employee can quit the job whenever he or she desires and that the employer can fire the employee at any time and for any reason. However, if the reason for the termination is discriminatory, for example: because of the employee’s sex, age, religion, race, ancestry, marital status, sexual orientation or disability, among other so called “protected categories,” the termination is illegal. If you believe that you or your loved one has been a victim of Wrongful Termination, contact our Wrongful Termination attorneys by completing the Contact Us form on this page.
Family and Medical Leave Act Claims | FMLA Violations Attorneys
Employment law cases can be very complex and difficult to prove. An experienced labor & employment law attorney in New York City, New Jersey or Philadelphia can advise you of your rights as an employee and develop a strategy for pursuing a claim in court and as part of a settlement.
If you are the victim of an unlawful labor & employment practice, you must act quickly. Employment discrimination, wages and hour violations, wrongful termination and retaliation cases have a very short time frame within which you may file suit. You cannot miss your deadline by even one day. If you do, you will lose your case.
Contact Our Employment Discrimination Attorneys
If you are the victim of a labor dispute, employment discrimination or sexual harassment, speak with an experienced Manhattan labor & employment law attorney right away. The skilled New York labor & employment law attorneys at Derek T. Smith Law Group, PLLC are ready to fight for and protect your employee rights. Our goal is to get the best possible legal results for you in your labor and employment claim. Please feel free to contact NYC attorney Derek T. Smith, Esq. personally at the law firm of Derek T. Smith Law Group, PLLC by calling our toll-free number 877-469-5297 today. Our labor & employment law attorneys serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York. We also represent employees labor & employment law cases in New Jersey, Philadelphia, Pennsylvania & Miami
Legal Practice Areas Of Derek Smith Law Group, PLLC
Besides federal laws, such as Title VII of the Civil Rights Act of 1964, there are many state and local employment discrimination and harassment laws that protect New York workers. Laws governing New York City discrimination and NYC sex harassment are among the broadest, most comprehensive in the nation. If you are a victim of discrimination or sexual harassment and need your case assessed, the EEOC law firm of Derek Smith Law Group, PLLC can advise you about New York discrimination laws and claims.
- There are also Harassment Claims that do not involve sexual harassment:
- Employment Harassment
- Understanding Workplace Harassment Laws
- Finding the Right Harassment Lawyer
- Understanding New York Harassment Laws
- Harassment at Work
- How to File a Harassment Lawsuit
Besides harassment law in NYC, many federal laws protect the rights and dignity of workers including the following:
- Title I of the Americans with Disabilities Act of 1990 (Title I) (ADA claims) which prohibits discrimination of qualified applicants and employees with disabilities
- The Equal Pay Act of 1963, among other laws, prohibits compensation discrimination
- The Family and Medical Leave Act (FMLA) grants employees the right to an unpaid leave of absence of up to 12 weeks in a 12-month period to recover from a serious medical condition or to care for a child, parent, or spouse
- The Age Discrimination in Employment Act of 1967 (ADEA) protects workers age 40 and older from employment discrimination
- The term Wrongful Termination refers to the dismissal of an employee for reasons prohibited by law
- American Law Protects American Employees Working In Any Country From Discrimination And Sexual Harassment
Sex Harassment in the Workplace
Among the most common worker complaints are claims of sexual harassment in New York City, NY, Newark, NJ & Philadelphia, PA. Sexual harassment in the workplace is a form of gender discrimination that violates Title VII of the Civil Rights Act of 1964. It can be characterized by undesired sexual advances, demands for sexual favors and other unwarranted actions with a sexual connotation. You may have cause for a sexual harassment lawsuit in New York, New Jersey & Philadelphia, PA if these actions resulted in any of the following:
- Your employment was overtly affected.
- Your workflow was interrupted.
- An offensive or uncomfortable work environment was created.
Sexual harassment involves unwanted, offensive sexual advances. This conduct is considered sexual harassment in New York, New Jersey & Pennsylvania if it interferes with job performance or creates a hostile work environment. Sex harassment can come in many forms. While sexual harassment in New York, New Jersey & Pennsylvania is often directed at women, it also targets men. And even though sexual harassment in New York, New Jersey & Pennsylvania typically involves unwanted advances by the opposite sex, a worker can suffer NYC sex harassment by a person of the same sex. If you believe that you or your loved one has been a victim of sexual harassment in the workplace, contact our NYC – NJ – PA – FL sexual harassment attorneys by completing the Contact Us form on this page.
Filing a Workplace Discrimination Claim | Employment Discrimination Lawyer New York, New Jersey, Philadelphia & Miami
Employment discrimination laws in New York, New Jersey & Philadelphia, PA seek to prevent discrimination by employers based on race, sex, religion, national origin, physical disability, age, and sexual orientation. Specific discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and certain types of harassment. Businesses that are subject to anti-discrimination laws are prohibited from firing employees due to discrimination based on these personal attributes. The New York City, New Jersey, Philadelphia and Miami Employment discrimination attorneys at Derek Smith Law Group, PLLC can help you determine if you have been a victim of employment discrimination. If you feel you have experienced workplace discrimination in New York City, Philadelphia, New Jersey or Miami contact our Workplace Discrimination Attorneys now for a free consultation.
Consult us about harassment law in New York City, New Jersey, Philadelphia and Miami
Derek Smith Law Group, PLLC is your legal resource for discrimination and sexual harassment. You will find valuable information about employment law topics and our law firm, Derek Smith Law Group, PLLC, by clicking on the links below:
- Firm Overview
- Defending Your Employee Rights
- What Information Will Your Sexual Harassment Attorney Need?
- Finding a Focused Attorney to Help You
- Understanding Your Rights
- Getting Help with Your Case
- How to Evaluate a Harassment Attorney
Don’t continue to be a victim of sexual harassment in NYC. Contact us to discuss your case. If you need an NYC sexual harassment attorney or firm practicing harassment law in New York City, please contact Derek Smith Law Firm, PLLC at Derek Smith Law Group, PLLC by calling our toll-free number 877-469-5297 today.