Long Island Employment Law Attorneys

The NYS Human Rights Law (Executive Law §§ 290-301) and federal ADA both require reasonable accommodations for disability and pregnancy, and both prohibit retaliation for requesting accommodations. Termination, demotion, or schedule changes shortly after a request can support a retaliation claim. NYSHRL applies to all employers with one or more employees for harassment and four or more for many other claims. Damages can include back pay, front pay, compensatory damages for emotional distress, and attorney's fees. Document the timing carefully because retaliation cases often turn on a tight sequence.

Generally no. The NYCHRL applies only to employment within the five NYC boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island). Workers who live on Long Island but commute into NYC are typically covered by NYCHRL for that work. Workers whose jobs are physically located on Long Island are covered by NYSHRL and federal law instead. Nassau and Suffolk Counties each have separate county human rights commissions that handle local complaints in addition to NYSDHR.

Yes. New York Labor Law covers minimum wage, overtime, spread-of-hours pay (when applicable), tip protection under § 196-d, and wage notices and statements under § 195. Damages under Labor Law § 198(1-a) include unpaid wages, liquidated damages equal to 100% of those wages, interest, and attorney's fees. The look-back is up to six years under state law. We typically file in the Eastern District of New York or in Nassau or Suffolk County Supreme Court depending on which forum offers the best procedural posture.

Public school employees are covered by NYSHRL and the ADA in addition to any collective bargaining protections. School districts must engage in an interactive process and provide reasonable accommodations unless they would cause undue hardship. Retaliation for requesting accommodations or filing internal complaints is independently unlawful. Education Law provisions on tenure and discipline can also intersect with civil rights claims, particularly when discipline appears to be pretext for discrimination. The two tracks often coexist.

New York Labor Law §§ 220 (construction) and 230 (building services) require contractors on public works projects to pay workers no less than the prevailing wage and supplemental benefits for the trade and locality, as published by the NYSDOL Bureau of Public Work. Failure to pay prevailing wages can result in unpaid wages, civil penalties, and contractor debarment. Workers can complain to the NYSDOL or, in some cases, pursue private remedies. Many Long Island construction projects involve subcontractors who fail to pay prevailing wages, and general contractors can be jointly liable.

EEOC charges (Title VII, ADA, ADEA) must be filed within 300 days. NYSHRL administrative complaints at NYSDHR generally must be filed within one year (three for sexual harassment). NYSHRL court claims have a three-year limit. New York Labor Law wage claims generally have a six-year look-back, while federal FLSA claims have two or three years. Filing with NYSDHR usually waives the right to sue in court on the same claim while the case is pending. We recommend evaluating the available forums before filing because the choice affects remedies.

NYSHRL was amended in 2019 to eliminate the federal severe-or-pervasive standard. Under New York law, harassment is actionable if it subjects an employee to inferior terms, conditions, or privileges of employment because of a protected characteristic. The standard is lower than the older federal test, and a single incident can be enough depending on context. NYSHRL applies to all employers regardless of size for harassment claims. Retaliation for reporting harassment or participating in an investigation is independently prohibited and carries its own remedies.

Yes, through several layered statutes. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees at employers with 50 or more employees. New York Paid Family Leave provides up to 12 weeks of partially paid leave for bonding, family care, and qualifying military events with no minimum employer size after one year of service. Some Long Island workers are also covered by employer-specific paid leave policies. Retaliation for taking protected leave can support FMLA, PFL, and NYSHRL retaliation claims.