New York City Employment Lawyers

What Are My Rights as an Employee in New York?

As your advocates, we want to help you understand your rights and protect your rights as an employee.

New York provides extensive protections for employees, covering various aspects of the employer-employee relationship. 

Some of your key rights include:

• Minimum wage and overtime: You have the right to earn at least the state minimum wage, which may be higher depending on your industry and location within NYC. If you’re a non-exempt employee working over 40 hours per week, you must be paid overtime at a rate of one and a half times your regular pay.
• Protection from discrimination: The law prohibits discrimination based on age, race, religion, gender, sexual orientation, disability, and other protected characteristics. Your employer cannot make biased hiring or firing decisions or treat you unfairly based on these traits.
• Safe and healthy working conditions: You have the right to a safe and healthy workplace, free from hazards that could cause serious harm.
• Family leave: Eligible employees can take job-protected, unpaid leave for qualified family or medical reasons, such as caring for a newborn or a seriously ill family member.
• Unemployment benefits: If you lose your job through no fault of your own, you may be eligible for unemployment benefits to provide temporary financial support while seeking new employment.

These are just some of the fundamental rights protecting workers in New York City. Specific situations may involve additional rights and protections. 

If you believe your rights have been violated, don’t hesitate to contact us for a free consultation. We can provide the guidance and support you need to understand your unique circumstances.

Types of Discrimination

Discrimination in the workplace can manifest in various forms, each with its own set of legal implications and consequences. 

Below are some common types of discrimination.

Sexual Harassment

Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This behavior creates a hostile work environment and interferes with an individual’s ability to perform their job.

Gender or Sex Discrimination

Gender or sex discrimination involves treating someone unfavorably because of their sex, gender identity, transgender status, or sexual orientation. It can manifest in various forms, such as unequal pay, denial of promotions, or harassment based on gender stereotypes.   

Age Discrimination

Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age. This type of discrimination typically affects older workers (40 or older), who may be denied opportunities, subjected to ageist comments, or forced into early retirement.   

Race Discrimination

Race discrimination is treating someone unfairly because of their race or related characteristics like hair texture, skin color, or facial features. This can involve racial slurs, unfair hiring practices, or unequal treatment in the workplace.

Other Forms of Employment Discrimination

Beyond the types of discrimination mentioned above, many other forms exist. 

The NYC employment discrimination attorneys at Ricotta & Marks, P.C. also represent clients who are victims of:

• Religious discrimination: This occurs when an employer treats a job applicant or employee differently due to their religious beliefs or practices. This can include refusing to hire someone, denying them promotions, or creating a hostile work environment based on their faith.
• Disability discrimination: Federal and New York State laws protect individuals with disabilities from discrimination in the workplace. Employers cannot make adverse employment decisions based on a person’s disability. They must provide reasonable accommodations to allow employees with disabilities to perform their jobs effectively.
• National origin discrimination: It is unlawful to treat employees or job applicants unfairly based on their country of origin, ancestry, ethnicity, or accent. This can include refusing to hire someone because of their background, denying them opportunities, or making offensive comments about their ethnicity.
• Family status and pregnancy discrimination: Both federal and state laws prohibit discrimination against employees because of their family responsibilities or pregnancy. This includes refusing to hire or promote someone because they are pregnant, have children, or need to take time off to care for their newborn child.