CALL US

NOW

Understanding the FLSA and Your Rights as a Worker in Manhattan

Federico Patiño • March 25, 2024

Understanding the FLSA and Your Rights as a Worker in Manhattan

The Fair Labor Standards Act (FLSA) is a crucial piece of legislation that protects the rights of workers across the United States. Understanding the FLSA and how it applies to your workplace can help you ensure that you are being treated fairly and receiving the wages you deserve. In this blog post, we will delve into what the FLSA is, the statute of limitations for FLSA claims, how an attorney can help identify violations of the FLSA by your employer, and how LAWYERFORWORKERS can provide legal representation for FLSA lawsuits in Manhattan.


The FLSA is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards for employees in both the private and public sectors. Under the FLSA, covered nonexempt employees must be paid at least the federal minimum wage for all hours worked and receive overtime pay at one-and-a-half times their regular rate of pay for any hours worked over 40 in a workweek. The FLSA also prohibits oppressive child labor practices and regulates employment of minors.


The statute of limitations for filing an FLSA claim is generally two years from the date of violation or three years if the violation was willful. It's important to note that these time limits are strictly enforced, so it's crucial to act quickly if you believe your employer has violated the FLSA. An experienced attorney can help you navigate these deadlines and ensure that your rights are protected.


An attorney with experience in employment law can play a crucial role in identifying whether your employer has violated the FLSA. They can review your pay stubs, work schedules, job duties, and other relevant documents to determine if you have a valid claim under the FLSA. If they find evidence of violations, they can help you pursue legal action against your employer to recover unpaid wages, overtime pay, liquidated damages, and attorneys' fees.


At LAWYERFORWORKERS, we have extensive experience representing workers in Manhattan who have been victims of wage theft or other violations of their rights under the FLSA. Our team of dedicated attorneys is committed to fighting for justice on behalf of our clients and holding employers accountable for their unlawful practices. If you believe that your employer has violated the FLSA or if you have questions about your rights as a worker in Manhattan, don't hesitate to contact us for a free consultation.


Understanding your rights under the Fair Labor Standards Act is essential for ensuring fair treatment in the workplace. By familiarizing yourself with the provisions of the FLSA and seeking legal guidance when necessary, you can protect yourself from wage theft and other forms of exploitation by unscrupulous employers. If you believe that your employer has violated the FLSA or if you have questions about your rights as a worker in Manhattan, reach out to LAWYERFORWORKERS today for expert legal representation and advocacy. Your rights matter – let us help you fight for them!

February 20, 2025
Learn about New York’s Paid Sick Leave law and how it protects employees. Find out who qualifies, how leave can be used, and what to do if your rights are violated. LAWYERFORWORKERS can help New York City employees fight for their sick leave benefits.
January 31, 2025
Do You Have to Wear a Uniform at Work in New York? Understanding Uniform Maintenance Pay
October 23, 2024
Does My Employer Need to Provide a Reason to Fire Me in New York?
October 1, 2024
Sexual harassment in the workplace is not only unethical—it is illegal. In New York, state and federal laws provide strong protections against this type of misconduct. If you are experiencing unwanted advances, inappropriate comments, or any other form of harassment at work, it’s important to understand your rights and know what steps you can take to protect yourself. In this post, we’ll explore what constitutes sexual harassment under New York law, the legal options available to victims, and how to seek justice if you’ve been subjected to such treatment in the workplace.  What is Sexual Harassment? Sexual harassment is defined as any unwelcome conduct of a sexual nature that creates a hostile or offensive work environment or results in an adverse employment decision. It can take many forms, including physical, verbal, or visual behaviors that make an employee feel uncomfortable, threatened, or discriminated against. In New York, sexual harassment is categorized into two main types: Quid Pro Quo Harassment Quid pro quo (meaning “this for that”) occurs when employment decisions—such as hiring, promotions, or continued employment—are contingent on an employee’s submission to unwelcome sexual advances or requests. An example of quid pro quo harassment is a supervisor offering a promotion in exchange for sexual favors or threatening to fire an employee if they refuse. Hostile Work Environment A hostile work environment occurs when unwanted sexual behavior or harassment is so pervasive or severe that it creates an intimidating, hostile, or abusive work environment. This can include repeated inappropriate comments, lewd jokes, unwanted touching, or displaying offensive images. Unlike quid pro quo harassment, hostile work environment harassment does not necessarily involve a supervisor or a direct employment decision. Understanding New York’s Strong Protections Against Sexual Harassment New York has some of the strictest anti-harassment laws in the country, providing additional protections to employees beyond what is required by federal law. Important aspects of New York’s sexual harassment laws include: Broader Definition of Sexual Harassment New York law defines sexual harassment more broadly than federal law. The standard for proving harassment in New York is whether the conduct subjected the individual to “inferior terms, conditions, or privileges of employment” because of their gender, rather than whether the conduct was “severe or pervasive.” This means that employees can seek legal action even if the harassment is not as extreme as it would need to be under federal law. Expanded Coverage New York’s anti-harassment laws apply to all employees, regardless of the size of the employer. Even businesses with just one employee are subject to these laws. Protection for Non-Employees The state’s sexual harassment laws also extend to non-employees, such as contractors, interns, and freelancers, who are protected from harassment by both the employer and employees. Prohibition of Non-Disclosure Agreements (NDAs) Employers cannot require employees to sign non-disclosure agreements as a condition of employment if it prevents them from discussing claims of sexual harassment. NDAs in settlement agreements are permitted only if it is the employee’s preference. Mandatory Training Requirements New York requires employers to provide annual anti-sexual harassment training to all employees. The training must cover what constitutes sexual harassment, the remedies available to victims, and the rights of employees under state and federal law. What to Do If You Are Experiencing Sexual Harassment at Work If you are being harassed at work, it’s essential to take action to protect your rights. Here are the steps you should consider: Document the Harassment Keep a detailed record of each incident, including dates, times, locations, what was said or done, and any witnesses who may have been present. Save copies of emails, text messages, or any other communications that could serve as evidence. Report the Harassment Report the harassment to your employer or HR department as soon as possible. Follow your company’s procedures for reporting harassment, and provide as much detail as possible. If your company does not take action, or if you fear retaliation, you can seek legal assistance to understand your options. File a Complaint with the New York State Division of Human Rights (NYSDHR) Victims of workplace sexual harassment in New York can file a complaint with the NYSDHR within three years of the incident. The Division will investigate your claim, and if they find evidence of harassment, they may issue a determination and potentially schedule a hearing. File a Complaint with the U.S. Equal Employment Opportunity Commission (EEOC) You can also file a complaint with the EEOC within 300 days of the harassment. The EEOC will investigate and may issue a “right-to-sue” letter, allowing you to file a lawsuit in federal court. Speak to an Attorney If you believe your rights have been violated, consult with an experienced employment law attorney. An attorney can help you understand your rights, build a strong case, and guide you through the legal process. Potential Remedies for Victims of Sexual Harassment If your complaint is successful, there are several types of remedies available to you under New York law, including: Compensatory Damages Compensation for emotional distress, humiliation, loss of reputation, and any medical treatment you may have needed as a result of the harassment. Back Pay and Lost Wages If you experienced a reduction in hours, were denied a promotion, or lost your job due to harassment, you may be entitled to back pay and lost wages. Punitive Damages In cases where the harassment was particularly egregious or malicious, the court may award punitive damages to punish the employer and deter similar behavior in the future. Injunctive Relief The court can issue orders requiring the employer to change its practices, provide additional training, or take other steps to prevent future harassment. Reinstatement If you were fired or forced to quit due to harassment, the court may order your reinstatement. How Lawyerforworkers Can Help Sexual harassment at work can have devastating effects on your career, mental health, and overall well-being. At Lawyerforworkers, we are committed to standing up for employees who have been subjected to harassment and discrimination. Our team has extensive experience representing victims of workplace sexual harassment in New York and will work tirelessly to protect your rights and pursue justice on your behalf. If you are experiencing harassment or need advice about a potential case, contact us today for a confidential consultation. We are here to listen, support you, and help you understand your legal options every step of the way.
September 1, 2024
Understanding Verbal Discrimination in the Workplace
August 1, 2024
Unpaid wages can create significant financial stress and disrupt your livelihood. This blog post from Lawyerforworkers explains how an unpaid wages attorney can assist you in New York. Learn about the benefits of professional legal representation, the complexities of wage and hour laws, and how our firm can help you recover the wages you are owed.
June 28, 2024
Understanding Wrongful Termination in New York City
May 31, 2024
What to Do When Your Employer Refuses to Pay Overtime in New York City
April 19, 2024
As a resident of New York, you may find yourself in a situation where a contract agreement has been violated. Whether it's a breach of contract, fraud, or misrepresentation, navigating the legal complexities of contract disputes can be overwhelming. This is where a Contract Agreements Violation attorney can step in to help protect your rights and seek proper compensation. In this blog post, we will explore the role of a Contract Agreements Violation attorney and how they can assist you in resolving your contractual disputes. A Contract Agreements Violation attorney specializes in handling cases where one party fails to fulfill their obligations outlined in a contract. These attorneys have expertise in contract law and are well-versed in interpreting complex legal documents to determine the best course of action for their clients. Whether you are dealing with a breach of contract, fraudulent inducement, or any other violation of contractual terms, an experienced attorney can provide guidance and representation throughout the legal process. One of the key roles of a Contract Agreements Violation attorney is to review the terms of the contract in question and assess whether there has indeed been a violation. This involves analyzing the language used in the agreement, as well as any relevant evidence such as emails, invoices, or other communications between the parties involved. By conducting a thorough review of the facts surrounding the dispute, an attorney can determine the strength of your case and advise you on the best course of action moving forward. In addition to reviewing contracts and assessing violations, a Contract Agreements Violation attorney can also negotiate on your behalf with the opposing party to try to reach a resolution outside of court. Through skillful negotiation tactics and legal expertise, an attorney can work towards reaching a favorable settlement that meets your needs while avoiding costly litigation expenses. However, if negotiations fail to produce a satisfactory outcome, your attorney will be prepared to take your case to court and advocate for your interests before a judge. Furthermore, a Contract Agreements Violation attorney can help you understand your rights under New York state laws governing contracts and provide guidance on how to protect those rights moving forward. By having an experienced attorney by your side throughout the legal process, you can ensure that your interests are protected and that you have access to expert advice every step of the way. Whether you are seeking damages for financial losses incurred due to a breach of contract or trying to enforce specific performance from another party, an attorney can help navigate these complex legal issues on your behalf. If you find yourself facing a contract agreements violation in New York, hiring an experienced attorney specializing in this area is crucial to protecting your rights and seeking proper compensation. From reviewing contracts and assessing violations to negotiating settlements and representing you in court if necessary, a Contract Agreements Violation attorney plays an essential role in helping clients resolve contractual disputes effectively. By seeking legal guidance early on in the process, you can increase your chances of achieving a favorable outcome while avoiding unnecessary stress and confusion along the way.
February 22, 2024
Maximizing Your Severance: How a New York Attorney Can Legalize Your Negotiations
More Posts
Share by: