When federal law interacts with New York State and New York City laws, the result can be a complex array of regulations. It can be difficult to navigate this field of business law alone. Instead, you should work with an Upper West Side employment attorney and business litigation attorney who can create a strategic plan for you to address your legal needs. Contact the Law Offices of David S. Rich, LLC for more information about how we can help you with both multifaceted and single-claim disputes. We will zealously advocate for you. We will also make sure your legal needs are addressed. Learn more about how we can assist your business and our practice areas below.
Employment Law in New York
Employment laws in New York cover an array of conflicts and legal issues that come from employer-employee relationships. Companies are frequently accused of violating federal, New York, and New York City laws. The Law Offices of David S. Rich, LLC has extensive experience litigating on behalf of companies as well as individuals. Our Upper West Side employment attorney can help you with the following causes of action, and more:
Breach of Employment Contract
Contracts are agreements that both parties must adhere to. When a business forms a contract with an employee or independent contractor, that person must follow the terms of the agreement. If they do not, they are in violation of the contract. Your company may also be accused of breach of employment contract by an employee or other individual. If you find yourself in one of these situations, you need an Upper West Side employment attorney.
The Law Offices of David S. Rich, LLC can help you with an array of employment contracts, including the following:
- Executive contracts for employment
- Bonus and commission agreements
- Agreements with independent contractors
- Contracts with both full-time and part-time employees
- Flexible-term and fixed-term contracts
- Agreements with staffing agencies
- At-will employment without contracts
- Contracts and agreements that were implied
Whatever situation you are facing with an employment contract, an Upper West Side NYC employment attorney can help you determine the best way to handle the circumstances.
Employment Discrimination on the Upper West Side
Both New York state and federal laws prohibit employers from discriminating against certain categories of people. Federal laws apply to public and private employers that have at least 15 employees. Federal law prohibits discrimination on the basis of race, color, national origin, gender, and religion. New York state laws apply to employers with at least four employees, and apply to the following characteristics:
- National origin
- Sexual orientation
- Military status
- Genetic characteristics
- Domestic violence victim status
- Marital status
Unlike many other areas, New York City also has employment discrimination laws that apply to employers within the city with at least four employees. These employers may not discriminate based on:
- National origin
- Partnership status
- Marital status
- Sexual orientation
Employers may be accused of discrimination if they fire or refuse to hire an individual due to one of the above-mentioned characteristics. Any employer who discriminates against a person for compensation purposes or with terms and conditions of employment may also be named. If you have been accused of discrimination, you should consult with an Upper West Side employment attorney right away.
Employee Retirement Income Security Act (ERISA)
Federal laws control the handling of benefits provided in accordance with the Employee Retirement Income Security Act (ERISA). This may include pension plans or an array of health as well as welfare benefits. Employers may not discriminate against employees obtaining these plans or utilizing their benefits.
Self-funded employee benefits plans may not be addressed by ERISA. Instead, they may be controlled by New York state contract laws. If an employee asserts that you’ve violated their ERISA rights or violated a contract providing benefits to them, then you should discuss your specific situation with an Upper West Side business litigation attorney.
Family and Medical Leave Act (FMLA)
Another federal law protecting employees is the Family and Medical Leave Act (FMLA). This applies to employers with at least 50 employees. It addresses employees who may take up to 12 weeks of unpaid leave in a 12-month period for the following situations:
- Adoption or birth of a child;
- Care for a close family member who is ill;
- During an employee’s own serious illness; or
- Active military service of a close family member.
If an employee is asserting an FMLA claim against your business, contact an Upper West Side business litigation attorney from the Law Offices of David S. Rich, LLC.
Restrictive Covenants in Upper West Side NYC
Restrictive covenants are common in employment agreements in the Upper West Side of New York City. These agreements protect the investment of effort, time, and other resources invested by a business as well as new workers. Two types of restrictive covenants are common in New York:
- Non-disclosure agreements – These prohibit workers from exposing trade secrets as well as confidential information of an organization.
- Non-solicitation agreements – These prohibit former employees from obtaining business from former customers for a certain amount of time and within a certain restricted geographic area.
To be upheld in court, restrictive covenants must meet specific requirements. They are only considered reasonable if the restrictive covenant:
- Is not greater than is necessary for the legitimate interest of the employer;
- Does not contribute undue hardship upon the employee; and
- Does not harm the public good.
If you need review of a restrictive covenant or a former employee is challenging your employment agreement, an Upper West Side business litigation attorney can help. Contact the Law Offices of David S. Rich, LLC for more information about our employment agreement services.
Employers are prohibited from retaliating against or punishing employees who assert legal rights or report illegal activity to the government. Federal, state, and city laws all address these situations. If you’re being accused of retaliatory discharge or negative employment action against someone, contact an Upper West Side NYC employment attorney as soon as possible.
Wage and Hour Litigation in Upper West Side NYC
New York state law and federal law both mandate a minimum wage and overtime conditions. Federal law requires that workers are paid a minimum wage of $7.25 per hour, plus overtime pay of 1 ½ times a regular rate of pay for time worked in excess of 40 hours per workweek. New York state minimum wage is between $10.40 and $13.00 per hour, depending on the county and size of employer. State law also mandates overtime pay at 1 ½ times a regular “straight-time” hourly rate.
Employees often join together and then bring a collective action against an employer regarding wage and hour issues. In this way, employees can use one attorney in one powerful lawsuit. If you are facing accusations concerning wage and hour issues, it’s important to obtain an Upper West Side business litigation attorney right away. We can also review your current situation and help you maintain compliance with regulations.
Workers’ Compensation Defense in New York
The New York workers’ compensation system is supposed to benefit both employees and employers. However, when someone takes advantage of the system, you may need to fight back. If you need to dispute a workers’ claim, you should work with an Upper West Side employment attorney. The workers’ compensation system can be complex and requires specific administrative law knowledge.
We understand that you want to prevent a greater frequency of workers’ compensation claims to reduce your insurance premiums. It’s also important to prevent severe workplace accidents to reduce premiums. By fighting back against those claims that are not valid, you can protect your premiums over time.
Wrongful Termination Claims in the Upper West Side
Adverse employment action, such as wrongful termination, can result in serious legal issues for your business. You may also face allegations of other adverse employment actions, such as:
- Failure to hire
- Failure to promote
- Reduction of compensation
- Reduction of work hours
- Denial of or reduction of a bonus
- Other detrimental employment terms and conditions
If an employee wins a wrongful termination claim against your business, they will likely receive the following: front pay, back pay, compensatory damages, legal costs, attorney fees, and even punitive damages. These cases can be extremely expensive. Work with an Upper West Side business litigation attorney to protect yourself against wrongful termination claims.
Business Litigation in Upper West Side NYC
The Upper West Side of New York City has a diverse and substantial business presence, including commercial, financial, and securities markets. Business litigation often pulls people into New York state courts as well as federal courts located in the city. These matters can be complex and therefore require the knowledge of a skilled Upper West Side business litigation attorney.
Types of Business Cases We Handle
The Law Offices of David S. Rich, LLC has extensive experience with business litigation of all kinds. We frequently work with companies and individuals with the following employment issues:
- Breach of contract claims – These actions often involve New York state contract laws, but they may involve federal issues as well. We handle actions involving the following: contracts for the sale of goods, supplier contracts, professional services and employment contracts, independent contractor agreements, and temporary employment agency agreements.
- Business torts – These actions often involve the rights of businesses and their owners. We handle cases involving the following: breach of fiduciary duty and implied covenant of good faith and fair dealing, fraud, interference with prospective advantage and with contracts, conversion, and negligent misrepresentation.
- Adversary proceedings and bankruptcy cases
- Actions brought under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act
- Corporate litigation, such as business dissolution proceedings and more
- Consumer fraud claims
- Lawsuits for equitable claims, including quantum meruit and unjust enrichment
- Cases involving product liability
- Litigation involving franchisors and franchisees
- Qui tam claims – This involves claims where an individual plaintiff may sue on behalf of themselves as well as the state.
- Money judgment cases, including those involving the following: turnover proceedings, wage garnishments, fraudulent transfer claims, sheriff’s execution and sale, post-judgment receiverships, and cross-border judgment enforcement
- Cases involving the Financial Industry Regulatory Authority, Inc. (FINRA)
For more information about the business cases that we handle, contact an Upper West Side business litigation attorney at the Law Offices of David S. Rich, LLC.
Effectively Resolving Business Disputes
If you are facing a business dispute, you should work with an Upper West Side business litigation attorney. These matters can be extremely complex, and it’s important that you solve them both quickly and discreetly. The attorneys at the Law Offices of David S. Rich, LLC have worked with clients facing an array of business disputes. We are skilled litigators who can help you stay out of court. However, we are not afraid to handle a matter that does go to court.
Our ultimate goal is to make your problem go away as quickly as possible. We do this through skilled advocacy and alternative dispute resolution, when possible. We will also handle issues privately and as confidentially as possible. If your matter is made public, we can help you minimize the overall impact. Contact an Upper West Side employment attorney at the Law Offices of David S. Rich, LLC today.
Contact an Upper West Side Employment Attorney and Upper West Side Business Litigation Attorney
When you need effective legal representation on the Upper West Side, contact the Law Offices of David S. Rich, LLC. We will listen to your needs and develop a strategic plan to address your legal issues. We understand that time is of the essence. Therefore, will handle your matter quickly and as quietly as possible, managing every detail along the way. We offer confidential consultations of your case, so contact us for a meeting today.