NYC Labor Lawyers

Experienced Labor and Employment Lawyers Representing Companies in NYC

Attorney Nick OberheidenNYC Labor Lawyers Team Lead

Our New York City employment lawyers represent companies in all labor and employment matters. This includes private civil litigation as well as matters involving the National Labor Relations Board (NLRB), U.S. Equal Employment Opportunity Commission (EEOC), New York Division of Human Rights (NY DHR), and other governmental authorities.

We represent private sector employers in matters involving individual employees and labor unions, and we handle matters under local, state and federal law. If your company needs experienced labor law counsel in the New York metro area, we invite you to get in touch to discuss how we can help.

Matters We Handle

Each NYC labor lawyer at our firm has extensive experience representing companies in labor and employment matters under local, state, and federal law. This includes (but is not limited to) matters involving:

Disputes Involving Employment Contracts

We represent companies in employment disputes involving all types of employment contracts. While employment contracts can provide employees with a certain amount of job security, they also generally provide employers with clear legal rights. Whether you need to explore your company’s legal options for enforcing an employment contract or an employee (or former employee) is pursuing a contract-based claim against your company, the attorneys at our New York labor and employment law firm can provide strategic advice and effective representation.

Classification Disputes (Employees vs. Independent Contractors)

We also represent companies in disputes involving the classification of workers as employees or independent contractors. As a general rule, wage and hour laws do not provide the same protections to independent contractors that they provide to employees, and employees in New York are entitled to additional protections regarding workplace safety and working conditions that do not necessarily apply to non-employees.

As a result, classification disputes are common. If your company is facing allegations that it has misclassified its workers, our law firm can help. These are complex and highly fact-specific cases that present unique challenges, so engaging experienced legal counsel is essential.

Wage and Hour Disputes

Our attorneys defend New York employers in wage and hour disputes under the National Labor Relations Act, Equal Pay Act, New York Labor Law, New York City Labor Law, and all other pertinent sources of legal authority. We handle disputes involving allegations ranging from failure to pay overtime and minimum wage to wage theft. Our attorneys rely on extensive experience to represent clients in these cases, and we have a proven track record of securing favorable results for employers in cases involving a wide range of wage, hour, and other employment issues.

Organized Labor Disputes

Along with wage and hour disputes involving individual employees, we represent New York employers in organized labor disputes involving workplace rights as well. While labor laws generally entitle employees to fair treatment in collective bargaining and other matters, employers’ obligations only extend so far. From retail employers to industrial employers, our lawyers fight to protect the interests of all types of employers in New York City and beyond.

Discrimination Claims

Each employment law attorney at our firm also has extensive experience defending employers against workplace discrimination claims. This includes claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), as well as New York state and local laws that prohibit discrimination in employment. We handle cases involving all protected characteristics—including age, disability, race, color, national origin, sex, sexual orientation, pregnancy, and gender identity, among others.

Sexual Harassment Claims

We handle sexual harassment claims as well. Sexual harassment is prohibited as a form of sex-based discrimination under title VII and New York law. Employers can face sexual harassment claims in a wide range of circumstances, and successfully defending against these claims is a complex legal process. In sexual harassment cases, reporting misconduct should set off a chain of events focused on documenting what did (or didn’t) happen, and how an employer responds to an employee’s allegations can play a central role in any ensuing litigation.

Hostile Work Environment Claims

Hostile work environment claims are a specific type of harassment case involving allegations that coworkers’ misconduct is so severe and pervasive that going to work is untenable. These are also complex cases; and, while they typically involve sexual harassment allegations, they can involve allegations of harassment based on other protected characteristics as well. If your company is facing a hostile work environment claim, our New York employment lawyers can promptly investigate the allegations at issue and start building a defense strategy for your company.

Wrongful Termination Claims

Wrongful termination claims can involve a wide range of allegations—from discrimination and harassment to violations of the federal Family and Medical Leave Act (FMLA) or New York’s paid family leave act. Here too, a proactive and strategic defense is critical, and employers must defend themselves effectively to avoid liability for back pay, additional damages, and other remedies.

These are just examples. Our attorneys represent companies in all legal matters arising out of the employment relationship. If your company needs defense counsel for any employment or labor law dispute in New York City, we strongly encourage you to contact us for a complimentary consultation.

Why New York Employers Choose Oberheiden P.C.

If your company is facing liability related to its employment practices, your choice of legal representation matters. Here are just some of the reasons why New York employers choose Oberheiden P.C.:

Experience – Our employment lawyers have extensive experience representing employers in labor-related matters.
Team – Along with attorneys who have spent their careers in private practice, our team also includes former government attorneys and investigators.
Approach – We take an efficient, comprehensive, and forward-thinking approach to every complex legal matter we handle for employers.
Reach – Along with providing representation in New York City, we are capable of representing companies in employment-related (and other) matters throughout the United States.
Results – While past results do not guarantee future success, we have a proven track record of securing favorable results for our clients in high-stakes civil litigation.

FAQs: What NYC Employers Need to Know About Employee Rights

What Are the State Laws that Protect Employees in New York?

The New York State Labor Law and New York State Human Rights Law are two of the primary state laws that protect employees in New York. However, several federal laws apply as well; and, in New York City, local laws provide additional protections to employees. As a result, when facing allegations of unlawful employment practices, it is critical for employers to ensure that they have a clear and comprehensive understanding of all pertinent sources of legal authority.

When Can Companies Fire Employees for Poor Job Performance?

New York is an at-will employment state, and this means that companies can generally fire employees with or without cause. As a result, generally speaking, there are no specific standards for determining when companies can fire employees for poor job performance. With that said, companies still need to make sound decisions, and companies should document the grounds for all performance-based terminations in anticipation of facing discrimination or wrongful termination allegations.

Are Employee Non-Competes Enforceable in New York?

Under New York law, employee non-competes are enforceable in some (but not all) cases. As a result, for companies seeking to hold employees to non-compete clauses in their employment contracts, a key first step is to assess these clauses’ enforceability under the specific circumstances at hand. This should be done quickly, because when non-competes are enforceable, taking legal action promptly can be important for protecting companies’ interests going forward.

Do Employees with Employment Agreements Have All of the Same Rights as At-Will Employees in NYC?

Generally, employees with employment agreements are entitled to all of the same protections against discrimination, harassment, and workplace dangers as their at-will counterparts. However, companies can still use employment agreements to secure various protections (i.e., non-disclosure and non-solicitation protections), and companies can pursue legal action to enforce these protections when necessary.

When Is It Time to Engage an Employment Law Attorney?

We encourage employers in New York City to contact us whenever they have questions about their legal rights or obligations—or when they are facing disputes with their workers. Once an employment or labor law dispute arises, acting swiftly can be critical for mitigating the risks (and costs) involved. At Oberheiden P.C., we represent employers in New York City and across the United States in all labor and employment matters, and our employment law attorneys are available to provide legal representation on an emergency basis when necessary.

Request a Free Consultation with an Experienced Labor and Employment Attorney at Oberheiden P.C.

If you would like to speak with an experienced labor and employment attorney at Oberheiden P.C., we invite you to get in touch. We represent employers of all sizes and in all industries. To schedule a free consultation as soon as possible, give us a call at 888-680-1745 or tell us how we can get in touch online today.