Binghamton Employment Law Attorneys

Substantial. New York Labor Law § 167 prohibits healthcare employers from requiring nurses to work mandatory overtime except in limited circumstances: a healthcare disaster declared by federal, state, or local government, when overtime is needed because of unforeseen emergent circumstances, when overtime is in the regular schedule that the nurse is already aware of, or when ongoing patient care procedures cannot safely be interrupted. Hospitals must make 'good faith efforts' to find voluntary alternatives. If you were disciplined for refusing mandatory overtime outside those exceptions, you can file a complaint with the NYSDOL. Retaliation claims also overlap with Labor Law § 740 if you raised patient-safety concerns.

The EEOC's Buffalo Local Office serves the upstate New York region, including the Southern Tier and Binghamton. You can file a charge by mail, online through the EEOC Public Portal, by phone at 1-800-669-4000, or in person. The Buffalo office investigates federal claims under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. Because of the worksharing agreement with NYSDHR, an EEOC charge typically cross-files as a NYSDHR complaint, and vice versa. The charge must be filed within 300 days for most federal claims. After investigation, the EEOC may issue a determination of cause, dismiss, or issue a right-to-sue letter that lets you proceed to federal court within 90 days.

Yes. As a federal contractor, Lockheed Martin is subject to Executive Order 11246 (which prohibits discrimination by federal contractors), Section 503 of the Rehabilitation Act (disability), and the Vietnam Era Veterans' Readjustment Assistance Act, all enforced by the Office of Federal Contract Compliance Programs (OFCCP). Federal contractors also have specific obligations regarding equal pay and pay transparency. NYSHRL and Title VII apply on top of those rules, and you can file complaints with the OFCCP, the EEOC, or NYSDHR depending on the type of claim. For wage claims on government contracts, the Service Contract Act or Davis-Bacon Act may apply with their own wage and benefits requirements.

NYSHRL protections apply to employees of public universities, including SUNY institutions like Binghamton University. Graduate workers who are paid as TAs, RAs, or GAs and adjuncts who are paid by the course are generally treated as employees for NYSHRL purposes. As a SUNY institution, Binghamton University is a state agency, so suits typically must comply with notice-of-claim provisions and immunity rules. In New York, NYSHRL waives sovereign immunity for state employees' employment discrimination claims, so plaintiffs can bring NYSHRL claims directly against SUNY. Federal claims under Title VII and the ADA proceed in federal court, with some doctrinal limits on damages against state entities.

Generally New York law, because the work is performed in New York. NYSHRL has been interpreted to cover employees who perform work in New York even if the employer is headquartered elsewhere, and NY wage laws follow the worker's place of work. The Wage Theft Prevention Act, NYSHRL, Paid Family Leave, and other state-law protections apply. Federal law (Title VII, FLSA, FMLA) applies based on the employer's size and the worker's relationship. Some claims, like New York PFL, depend on whether the employer has the required worker-funded coverage in place. Cross-border issues can be complex, particularly for employers near the New York/Pennsylvania line, and choice-of-law clauses in employment agreements are sometimes used to try to override the default.

Yes. The Wage Theft Prevention Act under Labor Law § 195 requires every paystub to show the dates of work covered, the employer's name and address, the rate or rates of pay and basis (hourly, salary, piece, etc.), gross wages, deductions, allowances, and net wages. Hourly employees' paystubs must show the regular and overtime rates and the number of regular and overtime hours worked. Missing or inaccurate paystubs trigger statutory damages of $250 per workday, capped at $5,000 per employee, plus attorneys' fees. Similar penalties apply for missing or inaccurate wage notices at hire and at the time of changes. These violations are often easy to prove because they are documentary, and they support class and collective actions when widespread.

Yes, with some caveats. Binghamton University is part of SUNY, which is a state entity. NYSHRL allows employment discrimination claims directly against state agencies in court, so you can file in state Supreme Court. Title VII claims against state agencies generally proceed in federal court, with the employer being SUNY itself. ADA Title I claims against state agencies in federal court face Eleventh Amendment sovereign immunity limits on money damages, though injunctive relief remains available, and Rehabilitation Act § 504 claims against federally funded state agencies are often used to navigate that doctrine. ADEA claims against state employers face similar federal-court immunity limits, but NYSHRL age claims have no such bar. Filing strategy in cases against SUNY benefits from careful analysis of which statute supports the best remedies.

Yes, if the plant meets the size and impact thresholds. The New York WARN Act under Labor Law § 860-a applies to private employers with 50 or more full-time employees in New York. A 90-day written notice is required for a 'plant closing' (loss of 25 or more jobs at a single site), a 'mass layoff' (loss of 25+ jobs that constitute 33% of the workforce, or 250+ jobs regardless of percentage), or a 'relocation' (move of 25 or more jobs more than 50 miles away). Notice must go to affected employees, their union, NYSDOL, and the local workforce investment board. If the notice was inadequate, affected employees can recover back pay and benefits for the period of the violation, up to 60 days, plus attorneys' fees.