Best Employment Lawyers in Syracuse

FAQs

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

  The Syracuse Police can be reached at (315) 442-5111 for non-emergencies.

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

  Please call the Syracuse Police Department at (315) 442-5200 to inquire about getting a copy of a police report. You can also request incident and accident reports from the Onondaga County Sherriff’s Office by mail or online at https://www.crashdocs.org. This is the mailing address: Onondaga County Sherriff’s Office Records Unit Address: 407 South State St., Syracuse, New York Phone: (315) 435-3010

• What are the minimum wage laws applicable to workers in Syracuse?

  For workers doing tipped jobs, the minimum hourly wage in Syracuse is $11. If the establishment has more than 10 tipped workers, the minimum hourly rate is raised to $12.5. Meanwhile, workers doing regular jobs are entitled to a $15 minimum hourly wage. Note that New York’s minimum wage laws do not apply to the following employees:

  • Executives who earn 75 times the minimum rate or more
  • Government employees
  • Taxi drivers
  • Ministers
  • External salespeople
  • Volunteers, apprentices, and students

• Where should Syracuse workers file a wage theft complaint?

  Wage theft complaints should be filed with the U.S. Department of Labor’s Wage and Hour Division. Syracuse employees can do the filing by mail or in person. The WHD will conduct an investigation to determine if a violation has been committed by your employer. Complaints filed with the WHD remain confidential.

  U.S. Department of Labor Wage and Hour Division Syracuse Area Address: 100 S. Clinton St., FOB Room 1373, PO Box 7245, Syracuse, NY 13261 Phone: (315) 448-0630 or 1-866-487-9243

• Are Syracuse employers required to provide lunch breaks?

  New York Labor Laws Section 162 stipulates that employees who work over six hours each day are entitled to a meal break. The minimum meal break duration is 30 minutes. Factory workers get one-hour meal breaks. Meanwhile, Syracuse employees who start work before 11 a.m. and end work after 7 p.m. are entitled to an extra meal break of 20 minutes around 5 p.m.-7 p.m.

• Is it legal for your employer in Syracuse to make you wear a work uniform?

  Yes, Syracuse employers can require uniforms to be worn by minimum-wage workers while on duty. Regular clothes like white tops and black pants are not considered a uniform. Note that the cost of the uniform itself and its care should not bring your wage below the minimum. The employer should care for and clean the uniform, or pay you to do so.

• How do you know if you have a valid claim for a hostile work environment in Syracuse?

  Below are some signs of workplace hostility that Syracuse workers should not be made to tolerate:

  • Unfair competitive tactics like sabotage and bullying
  • Public shaming or belittling of your work output in front of others
  • Aggressive behavior like yelling and physical violence
  • Discrimination based on protected characteristics like age, race, sex, and disability

• 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.