Fair wages and safe work conditions are the rights we will fight for.
EMPLOYEE RIGHTS
RIGHT TO FAIR WAGES
In New York, employers are required to abide by a minimum wage except in very specific instances such as employers who hire primarily wait staff members who may receive tips. Otherwise, all employers are required to meet all minimum wage requirements, as well as pay overtime for hours worked in excess of 40 hours in a work week.
Under the Family Leave Medical Act, employees are allowed to take up to 12 weeks of unpaid leave for specific reasons. Employers cannot threaten to fire an employee for exercising their rights. New York City law also requires employers to provide employees who work a minimum of 30 hours per week up to 40 hours of paid sick leave annually. The company must have a minimum of 5 employees for this rule to be applicable.
Employers must also provide employees with a minimum 30-minute lunch break if they work an eight-hour day, but employers are under no obligation to offer payment for this time period.
Employees who report employer abuse of any wage laws cannot be terminated for filing such a report. Employees have the right to file suit against an employer who fires in retaliation for filing a report.
RIGHT TO A SAFE WORKPLACE
Employees have the right to be safe in the workplace, which means employers must provide adequate training for all equipment and employees must be notified of any conditions such as harmful chemicals that are common in the workplace. Employees must also be protected to the best of the employer’s ability from workplace violence, be it physical violence or mental abuse. Any employee who feels an employer is violating safety standards has the right to file a report with the proper authorities. An employee cannot be threated or fired for doing so and if they are, the employee should immediately contact the employment attorneys at Solomon Richman, P.C. and request a consultation.
WORKPLACE ACCIDENTS AND YOUR RIGHTS
Employers in New York, with very few exceptions, are required to carry worker’s compensation insurance in the event an employee is injured on the job. Information about how to file an injury report and submit a claim should be prominently displayed in the workplace, where it can be viewed by all employees.
There are a number of rights that an employer may violate including firing an employee unlawfully, sexual harassment or other forms of harassment, as well as pay-related issues. Keep in mind that while New York has a policy of “at-will” employment, employers that have a habit of firing employees because of discrimination, because they try to form a union, or because they have blown the whistle on working conditions, may be in violation of the law. If you believe you have been victimized by your employer, call Solomon Richman, P.C. today at (516) 437-6443 and set up a consultation with one of our employment attorneys to discuss your legal rights.