In order to understand the complexities of federal, New York State, and New York City law, as well as the interrelation of these bodies of law with one another, your business needs counseling from an Upper East Side employment attorney or business litigation attorney. At the Law Offices of David S. Rich, LLC, we adroitly litigate, on our clients’ behalf, both multifaceted and single-claim commercial and financial disputes. We zealously advocate for our clients. Further, we adapt our legal strategies to our clients’ needs. Learn more about our practice — and how we can assist you or your company — below.
New York Employment Law
New York employment law covers a myriad of disputes and issues arising out of employer-employee relationships. Some of the federal, New York, and New York City laws which companies frequently are accused of violating are as follows. At the Law Offices of David S. Rich, LLC, we have substantial experience litigating, on behalf of employers and individuals, these causes of action and many others.
Breach of Employment Contract
When your company contracts with an employee or an independent contractor for specific work, the employee or contractor must adhere to the terms of that agreement. If your business’s employee, or an independent contractor whom your company has retained, has violated a contract, or if your company is accused of breach of employment contract, you need to speak to an Upper East Side employment attorney.
The Law Offices of David S. Rich, LLC can help with the following types of employment contracts:
- Executive employment contracts
- Commission and bonus agreements
- Full-time and part-time employee contracts
- Independent contractor agreements
- Fixed-term and flexible-term contracts
- Staffing agency agreements
- At-will employment
- Implied contracts and agreements
No matter your employment contract issue, an Upper East Side employment attorney can help you decide how to both effectively and fairly handle the situation.
Employment Discrimination on the Upper East Side
Federal law prohibits public and private employers with 15 or more employees from discriminating in all terms and conditions of employment on the basis of gender, race, national origin, color and religion.
New York State law bars employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions of employment, because of the individual’s:
- National origin
- Sexual orientation
- Military status
- Predisposing genetic characteristics
- Marital status
- Domestic violence victim status
So, too, New York City law prohibits employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions of employment, because of the individual’s actual or perceived:
- National origin
- Marital status
- Partnership status
- Sexual orientation
- Citizenship status
If an employee has brought an employment discrimination claim against your company, contact an Upper East Side employment attorney as soon as possible.
Employee Retirement Income Security Act (ERISA)
Federal law prohibits discrimination against employees for the purpose of interfering with their attainment of rights under an employee benefit (pension or health and welfare) plan. Disputes involving self-funded employee benefit plans are governed by state contract laws.
If your company offers benefits to employees and a legal issue arises, contact the Law Offices of David S. Rich, LLC.
Family and Medical Leave Act (FMLA)
Federal law requires businesses with 50 or more employees to allow workers to take, and to return to their jobs after taking, up to twelve weeks of unpaid leave in a twelve-month period in the following circumstances:
- The birth or adoption of a child
- To care for a close family member who has a serious health condition, for an employee’s own serious health condition
- When a close family member is called to active military service.
If an employee has brought an FMLA claim against your company, contact an Upper East Side employment attorney at the Law Offices of David S. Rich, LLC.
In order to make sure that the time, effort, and resources they invest in both the instruction and cultivation of new workers will bear fruit, many employers in New York make new workers sign employment agreements which include restrictive covenants.
In New York, there are two common categories of restrictive covenants. Non-disclosure agreements bar employees from disseminating trade secrets or confidential information. Non-solicitation agreements prohibit employees from seeking business from former customers for a defined length of time and within a specified geographical area.
In New York, restrictive covenants are enforceable to the extent that they are reasonable. A covenant is reasonable only if it:
- is no greater than is required for the legitimate interest of the employer,
- does not impose undue hardship on the employee, and
- is not injurious to the public.
If your business seeks to enforce a restrictive covenant against a former employee, contact an Upper East Side employment attorney at the Law Offices of David S. Rich, LLC.
A series of federal, New York State, and New York City laws prohibit employers from retaliating against or punishing employees for asserting their legal rights or reporting violations to the government.
If your company needs assistance or guidance with respect to a former employee’s claim of retaliatory discharge, contact an Upper East Side employment attorney at the Law Offices of David S. Rich, LLC.
Wage and Hour Litigation
Federal law requires that most employees in the United States be paid at least the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times the regular rate of pay for all hours worked in excess of 40 hours in a workweek.
A worker may bring a collective action, on behalf of himself and others who are similarly situated, against an employer for failure to pay the federal minimum wage or overtime pay.
New York State law mandates that employees in New York be paid at least the New York minimum wage — which, depending on the county and the size of the employer, ranges from $10.40 per hour to $13.00 per hour — for all hours worked. Covered employees who work overtime must be paid at a rate that is 1½ times their regular, “straight-time” hourly rate of pay.
Contact the Law Offices of David S. Rich, LLC to speak with a knowledgeable Upper East Side employment lawyer about ensuring that your company complies with overtime pay and other wage and hour laws, or to retain a skilled Upper East Side overtime attorney to defend your company in unpaid overtime lawsuits or other wage and hour litigation.
New York Workers’ Compensation Defense
Most workers in New York are eligible for temporary or permanent cash benefits, known as workers’ compensation benefits, when they are injured by an accident arising out of and in the course of their employment.
If the employer or insurance carrier disputes a worker’s claim, no cash benefits are paid until a workers’ compensation law judge determines who is right.
Employers pay for workers’ compensation insurance.
If your company has a greater frequency of workers’ compensation claims or has more severe workplace accidents than other businesses in your industry that are roughly the same size, your company’s workers’ compensation insurance premiums will go up. Conversely, if your business has a lesser frequency of workers’ compensation claims or has less serious workplace accidents than other companies in your industry that are about the same size, your business’s workers’ compensation insurance premiums will go down.
Workers’ compensation law is counter-intuitive. If an employee files a workers’ compensation claim, it’s therefore in your business’s best interest to retain a skilled Upper East Side workers’ compensation defense attorney to defend against the claim.
New York Wrongful Termination Claims in Upper East Side
Most New York employment law claims involve an adverse employment action, such as wrongful termination. Other adverse employment actions include the following:
- Failing to hire
- Failing to promote
- Reducing an individual’s compensation
- Reducing an individual’s work hours
- Denying or reducing an individual’s discretionary bonus
- Otherwise detrimentally changing the terms and conditions of employment
Should an employee win a wrongful termination action against your company in New York, your company may be liable to the employee for back pay, front pay, compensatory damages, punitive damages, and, at the court’s discretion, costs and reasonable attorney’s fees.
At the Law Offices of David S. Rich, LLC, we vigorously defend employers and represent other clients in wrongful termination lawsuits. If your business needs an Upper East Side employment attorney to defend it in wrongful termination litigation, contact the Law Offices of David S. Rich, LLC.
Because of New York’s robust commercial, financial, and securities markets, business litigation in the New York State courts and in federal courts situated in New York is both frequent and highly complex. In both civil and commercial matters, some of the causes of action which your business should use an Upper East Side business litigation attorney to defend against are as follows.
Types of Claims We Litigate
At the Law Offices of David S. Rich, LLC, we have substantial experience litigating, on behalf of companies and individuals, the following claims and many others.
- Breach of contract actions. This includes the following: actions for violation of contracts for the sale of goods, professional services contracts, supplier contracts, independent contractor agreements, and agreements with temporary employment agencies
- Business torts cases. This includes the following: actions for breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, conversion, fraud, interference with contract, interference with prospective advantage, and negligent misrepresentation
- Bankruptcy and adversary proceedings
- Civil racketeering actions. That is, lawsuits brought under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”)
- Business dissolution proceedings as well as other corporate litigation
- Consumer fraud actions
- Equitable claims, such as lawsuits in quantum meruit or for unjust enrichment
- Product liability cases
- Franchisor-franchisee litigation
- Qui tam actions. That is, actions in which the plaintiff sues for the state as well as for itself or himself
- Proceedings to enforce money judgments. This includes the following: turnover proceedings, sheriff’s execution and sale, wage garnishments, post-judgment receiverships, fraudulent transfer claims, and cross-border judgement enforcement
- Commercial and securities arbitration and mediation, including arbitration and mediation before, among other arbitral bodies, the Financial Industry Regulatory Authority, Inc. (“FINRA”)
To learn more about our commercial litigation practice, schedule a consultation with an Upper East Side business litigation attorney at the Law Offices of David S. Rich, LLC.
Resolving Business Disputes
If you or your company is involved in a business dispute, an Upper East Side business litigation attorney may be able, on your behalf, to resolve it both quickly and efficiently. At the Law Offices of David S. Rich, LLC, we are skilled litigators, but we also understand the value of keeping our clients out of court.
When we defend companies in business litigation, our ultimate goal is to make our clients’ problems go away. We do this whether through pretrial or trial advocacy, through alternative dispute resolution, or through negotiation. When possible, we undertake to resolve our clients’ disputes privately and confidentially. Where an early resolution is not feasible, the Law Offices of David S. Rich, LLC will skillfully litigate, until settlement or through trial, your company’s case.
At the Law Offices of David S. Rich, LLC, we craft customized litigation strategies to meet your business’s needs.
Consult with an Upper East Side Employment Attorney and Upper East Side Business Litigation Attorney
When you work with an Upper East Side employment attorney or business litigation attorney at the Law Offices of David S. Rich, LLC, you’ll receive both client-focused and tenacious legal representation. We offer comprehensive employment and business litigation services — and we also pride ourselves on our attention to detail. We offer confidential consultations and look forward to meeting with you.