Experienced Employment Law Attorneys On Your Side
Employment law has evolved over the years from a focus on collective bargaining agreements to a highly legislated field encompassing many topics. As employees are afforded more and more protections under statutes, regulations, policies and internal corporate documents, employers must keep current with this evolving, highly regulated area.
Attorneys at Weiss Zarett Brofman Sonnenklar & Levy, P.C., have over 30 years of experience in representing health care providers and other types of businesses with respect to employment issues, providing a full range of employment counseling.
An Overview Of Our Employment Law Practice
We represent health care and other business entities and providers of all sizes, including emerging companies, not-for-profits and public-sector entities, on complex and day-to-day employment matters.
- Discrimination: Representation at all stages with regard to claims alleging sexual harassment, gender, race, age and all other protected discriminations; Investigation of employee claims alleging discrimination. Our goal is to provide total coverage to you and your team during any employment law dispute.
- Alcohol and drugs in the workplace: Adoption of non-discriminatory policies; Rights to search employee workspace and belongings; Discipline vs. Treatment; Involvement of criminal authorities. We routinely work with employed physicians in navigating their dealings with the New York Committee on Physician Health (CPH).
- Performance and conduct: Employment handbooks, progressive discipline and employer’s obligations upon termination, promotions and demotions, use of electronic systems and cell phones, monitoring of email accounts and accommodation of employee and severance agreements and waivers.
- Wage and hour issues: Fair Labor Standards Act and New York State Labor Law compliance, exempt vs. nonexempt classification and effects of misclassification, meals and breaks, Changes in pay-stub requirements, increases in federal minimum wages and changes in 1099 classifications, gender pay-equity rules.
- COVID-19 compliance: Furloughs and layoffs, Quarantines, unemployment-insurance benefits, New York State workspace programs, Occupational Safety and Health Administration (“OSHA”) requirements, Federal, state and city leave laws, including the Federal Families First Coronavirus Response Act and The New York State Quarantine Leave Law, Protocols for authorizing employees to resume “on-site” employment, CARES Act, PPP loans and loan forgiveness.
- Leave laws and benefits: FMLA and New York’s Paid Family Leave Law, and leave laws pertaining to New York City and Westchester, Interplay between New York City’s Earned Sick & Safe Time Act, and The New York State Sick Leave Law, PTO Internal Policies and interaction with mandatory leave laws.
We are skilled advocates at both trial and arbitration, in all levels of courts in New York, as well as:
- Representation before the U.S. Equal Employment Opportunity Commission (“EEOC”), The New York State Division of Human Rights (“DHR”) and the New York City Human Rights Commission.
- Departments of Labor Federal and New York State.
- Representation before the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor.
- New York State Workers’ Compensation Board & Department of Labor and Unemployment Insurance Appeal Board.
We will take on your most challenging employment law problem head-on and help you find the way through.
How Bad Is Misclassification?
If you are found by the government to have misclassified an individual as an independent contractor instead of as an employee, either full- or part-time, there are several consequences. In addition to the severe penalties that would be imposed, you could potentially owe the employee unpaid wages, including overtime pay. You may also be held responsible for unpaid vacation hours and sick pay. Additionally, state unemployment taxes, workers’ compensation premiums and federal government taxes would be subject to collection.
Dedicated, Ready And Able
Reach out to our firm to find out how we can help you with your employment law issues, no matter the stakes. We’re on your side. Call 516-627-7000, or send an email using this form to schedule your meeting.