Best Employment Lawyers in Mount Vernon

FAQs

• What is the non-emergency contact number for the local police station in Mount Vernon, New York?

  For non-emergencies, individuals can reach the Mount Vernon Police Department at 914-665-2500.

• Where can I get a copy of police reports for incidents related to my case in Mount Vernon, New York?

  Police reports for incidents in Mount Vernon can be obtained through the New York Police Department. You can submit your request for a Verification of Incident report online or by mail.

  Address for mailing requests: NYPD/Criminal Records Unit 375 Pearl Street, Suite 4, 16th Floor, New York, NY 10038

  You may pick up the form at the aforementioned locations, excluding Police Headquarters.

• How does overtime pay work in Mount Vernon?

  In Mount Vernon, employers are typically required by the federal Fair Labor Standards Act (FLSA) to compensate employees at a rate of 1.5 times their standard hourly wage for each hour worked over 40 hours in a work week. However, certain employees may be exempt from this rule based on their job duties and qualifications. Understanding whether one's employer falls under federal or state overtime laws and how they are applied and regulated is crucial.

• What are the provisions for military family leave in Mount Vernon?

  In Mount Vernon, compensated family leave provisions are available to residents with a spouse serving abroad or notified of impending service. The leave period, which could last up to 12 weeks, covers various conditions, such as abrupt military dispatch, arranging child care, or participating in post-deployment events. The leave offers two-thirds of usual earnings and can benefit spouses, children, parents, and domestic partners.

• What steps should one follow if they suspect discrimination in their Mount Vernon workplace?

  If an individual in Mount Vernon suspects workplace discrimination, they should initiate the process by keeping a comprehensive record of all incidents. Next, a formal complaint should be lodged with the Human Resources Department, providing them with all the compiled evidence. Full cooperation with any ensuing investigation is crucial. If a satisfactory resolution isn't achieved, consultation with a lawyer specializing in employment discrimination is recommended.

• Are there any specific regulations in place in Mount Vernon regarding employee meal breaks?

  As part of New York State, Mount Vernon implements specific provisions concerning employee meal breaks. These regulations, specified in New York Labor Law §162, apply to public and private employers within the region. The law stipulates that employees must be fully relieved of their duties during designated meal periods. Employers in Mount Vernon are advised to thoroughly examine their workplace policies to ensure compliance with these prescribed legal requirements governing meal breaks for employees.

• What obligations do employers have in Mount Vernon regarding accurate recordkeeping of employees' work hours?

  Employers in Mount Vernon are legally required to maintain precise and comprehensive records of their employees' work hours. Failing to do so shifts the burden to the employer, who must demonstrate the exact hours worked by the employee during the relevant period. These records must be current and can be kept through acceptable means such as punch clocks or biometric scans. Personal notebooks, although allowed, may be subject to disputes.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.