Under Federal, New York state, and New York City laws, it is illegal for an employer to discriminate on the basis of age, race, sex, disability, religion, national origin, pregnancy, and sexual orientation. Employees are additionally protected from retaliation from employers resulting from complaints made about discrimination or harassment, either on behalf of themselves or behalf of others, within the company or to any government agency or through any judicial or administrative proceeding. Pedowitz & Meister represents both employees who have been subject to discrimination and harassment as well as employers who have been charged with the same. Accordingly we have all of the necessary experience and understanding to ensure that both employees and employers and treated fairly in these proceedings, and in representing employees we will fight to ensure that the employee receives the full damages of which they are owed.
Overtime & Minimum Wage
Under the federal Fair Labor Standards act if an employee works over 40 hours in a single workweek, and is considered to be a non-exempt employee, they will be entitled to receive overtime pay for each extra hour worked over 40. For almost all non-exempt employees this means that they will be compensated at a rate of 1.5 times their normal hourly rate.
The Federal minimum wage is currently set at $7.25 per hour, and as of December 31st, 2014 the minimum wage in New York State is set even higher at $8.75 per hour. If an employee is paid at a rate that is lower than either the federal or the New York State minimum wage that employee will be entitled to recoup the difference in pay rates in damages.
The laws governing pay rates and overtime, both federally and in New York State, are complicated. Whether you are an employee who is not being properly paid or an employer who is experiencing confusion with regards to overtime or minimum wage Pedowitz & Meister has the experience and expertise to assist in your case.
At Pedowitz & Meister we have considerable experience negotiating contracts and agreements for our clients, and we understand all of the various professional and legal concerns of entering or exiting an employment contract. In addition to negotiating contracts on our clients behalf we represent clients when a party to a contract [does x,y,z…]. We will do all that we can to ensure that the contract or agreement to which you enter is fair, and that all parties involved live up to their obligations.
For some employees the duties that they are required to perform for an employer may be significantly and legally different from the legal definition of their job. For example, an employee who a business considers to be an independent contractor may in fact be functioning, legally, as a full time employee. In cases such as these, the employer may be inappropriately compensating their employee in terms of wages, overtime and benefits, and the employee can be entitled to recoup the difference wages and benefits that are owed. The attorneys of Pedowitz & Meister have the experience necessary to ensure that any misclassified employee receives the proper compensation for the work that they do, and are equally willing to work with employers to ensure that all of their employees are properly compensated.
Some employees, upon termination, have worked for their employers for a significant period of time. Whether an employer has offered a severance package or the terminated employee wishes to request one, the attorneys of Pedowitz & Meister, LLP are prepared to negotiate on your behalf to ensure that your severance agreement is as beneficial to you as possible.
While our attorneys are very competent at settling or mediating cases before they go to trial there are some cases for which this is not possible. Trials before a judge or a jury can be very time consuming, and in some cases expensive. If a settlement or mediation is not possible, our attorneys have ample trial experience and will be dedicated to your case at every step of the litigation process.
Depending on the case, settlement may not always be a possible conclusion. If after our best efforts we cannot reach a settlement agreement for your employment case, our attorneys will be equally dedicated advocates for you at trial.
Whether you and your partner are entering into a new marriage or exiting an old one, issues of matrimonial law are complex and laden with emotion. At Pedowitz & Meister our attorneys have the level-headed expertise necessary to guide you and your partner through a wide variety of matrimonial issues.