1. What types of sexual harassment cases does 718Attorney handle?

Answer: At 718Attorney, we handle all types of sexual harassment cases, including quid pro quo harassment and hostile work environment claims. This covers unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual's employment or creates an intimidating, hostile, or offensive work environment.

2. How do I know if I'm experiencing workplace sexual discrimination?

Answer: You may be experiencing workplace sexual discrimination if you're treated unfavorably because of your sex or gender identity. This can include being passed over for promotions, receiving unequal pay, facing different work standards, or experiencing harassment based on your sex or gender.

3. What protections do I have if I'm pregnant and working?

Answer: Pregnant workers are protected under the Pregnancy Discrimination Act and New York State Human Rights Law. These laws prohibit discrimination based on pregnancy, childbirth, or related medical conditions. You're entitled to reasonable accommodations and cannot be fired, demoted, or denied opportunities due to pregnancy.

4. At what age am I protected by age discrimination laws?

Answer: The Age Discrimination in Employment Act (ADEA) protects workers who are 40 years of age or older from discrimination based on age. This applies to hiring, promotions, wages, termination, and any other terms or conditions of employment.

5. What are considered reasonable accommodations for disabled employees?

Answer: Reasonable accommodations can include modifications to the work environment or job duties that allow a disabled employee to perform their job effectively. This might involve providing assistive technology, modifying work schedules, reassigning non-essential job functions, or making facilities accessible.

6. How do I prove race discrimination in the workplace?

Answer: Proving race discrimination often involves demonstrating that you were treated differently from other employees in similar situations due to your race. Evidence can include direct statements, patterns of behavior, statistical data showing disparities, and documentation of specific incidents.

7. What protections do whistleblowers have under New York law?

Answer: New York's whistleblower laws protect employees who report illegal activities, violations of regulations, or actions that pose a substantial danger to public health or safety. Whistleblowers are protected from retaliation, including termination, demotion, or other adverse employment actions.

8. What specific rights do teachers have in employment law?

Answer: Teachers have rights related to tenure, academic freedom, due process in disciplinary actions, and protection from discrimination. They also have specific rights under collective bargaining agreements, which can cover issues like salary, benefits, and working conditions.

9. What constitutes wrongful termination in New York?

Answer: Wrongful termination in New York occurs when an employee is fired for illegal reasons, such as discrimination, retaliation for reporting workplace violations, or in violation of an employment contract. It can also occur if the termination violates public policy.

10. How do I know if I'm entitled to overtime pay?

Answer: Generally, non-exempt employees are entitled to overtime pay of 1.5 times their regular rate for hours worked over 40 in a workweek. Exemptions exist for certain executive, administrative, and professional employees, but these are narrowly defined.

11. Is it legal for my employer to pay me bi-weekly if I'm a manual worker?

Answer: Under New York Labor Law, manual workers must be paid weekly and no later than seven calendar days after the end of the week in which the wages were earned. Paying manual workers bi-weekly is a violation of this law.

12. What are the common wage violations in the hospitality industry?

Answer: Common violations include tip theft, failure to pay overtime, misclassification of employees, violations of the spread of hours rule, and failure to provide proper wage notices and statements.

13. Can my employer keep a portion of my tips?

Answer: No, employers cannot keep any portion of employees' tips. Tips are the sole property of the employee. Employers can implement valid tip pooling arrangements among tipped employees but cannot participate in these pools themselves.

14. What is the current minimum wage in New York?

Answer: As of 2023, the minimum wage in New York City, Long Island, and Westchester County is $15.00 per hour. In the rest of New York State, it's $14.20 per hour. These rates are subject to change, so it's important to check for the most current information.

15. What are the typical wage issues in the financial industry?

Answer: Common issues include misclassification of employees as exempt from overtime, unpaid overtime for non-exempt employees, off-the-clock work, and improper calculation of bonuses in overtime rates.

16. How are prevailing wages determined in the construction industry?

Answer: Prevailing wages for public work projects are set by the New York State Department of Labor. They're based on the wages paid in the locality to the majority of workers in the same trade or occupation.

17. What rights do banquet and service workers have regarding wages?

Answer: Banquet and service workers have the right to receive at least the minimum wage, overtime pay for hours worked over 40 in a week, and to keep all their tips unless there's a valid tip pooling arrangement.

18. How can I address unequal pay in my workplace?

Answer: If you suspect unequal pay, document the discrepancies, discuss the issue with your employer, and if necessary, file a complaint with the Equal Employment Opportunity Commission (EEOC) or consult with an employment attorney.

19. Are unpaid internships legal in New York?

Answer: Unpaid internships are legal in New York only if they meet specific criteria set by the Department of Labor. The internship must primarily benefit the intern, not displace regular employees, and not guarantee a job at the conclusion, among other requirements.

20. How do I know if my case qualifies for a class action lawsuit?

Answer: Your case might qualify for a class action if the same violation affects a large group of employees, the claims are typical of the group, and a class action is the most efficient way to resolve the dispute.