Nassau County Employment Law Attorneys

No. The New York City Human Rights Law only applies to work performed in the five boroughs of New York City (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island). If your job site is in Nassau County, you rely on NYSHRL and federal law. NYSHRL is still very protective: it covers nearly all employers regardless of size, uses a lower harassment threshold since 2019, has no cap on emotional distress damages, and allows attorneys' fees for prevailing employees. The Nassau County Human Rights Law adds a county-level forum that overlaps with NYSHRL. Workers can also use federal Title VII (15+ employees), the ADA (15+), and the ADEA (20+) at larger employers.

Substantial protections under Labor Law § 167. The law generally prohibits healthcare employers from requiring nurses to work more than their scheduled hours unless one of four narrow exceptions applies: a declared healthcare disaster, an unforeseen emergent circumstance, prescheduled overtime that the nurse was aware of, or an ongoing patient-care procedure that cannot safely be interrupted. Routine call-outs and staffing shortages do not count. The employer must make 'good faith efforts' to find a voluntary substitute. If you were disciplined for refusing mandatory overtime in a non-emergency situation, you can file a complaint with the NYSDOL, and retaliation claims may overlap with Labor Law § 740 if you raised patient-safety concerns.

They typically work in parallel under a worksharing agreement. When you file a charge with the EEOC, it is automatically dual-filed with NYSDHR for state-law purposes, and vice versa. The EEOC investigates federal claims under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA; NYSDHR investigates NYSHRL claims. The deadline for EEOC is 300 days from the discriminatory act, and for NYSDHR three years. The investigation process is similar at both agencies: intake, employer response, fact-finding, and a determination. You can also bypass NYSDHR and file directly in state Supreme Court on NYSHRL claims, while keeping the EEOC charge active. Filing strategy depends on case complexity, evidence, and desired remedies.

Yes. Nassau County police officers and other county employees are protected by NYSHRL, Title VII, the ADA, the ADEA, and the FMLA, and may bring constitutional claims under 42 U.S.C. § 1983. There are some procedural hurdles. General Municipal Law § 50-e requires a notice of claim within 90 days for most tort and statutory claims against municipal employers, though NYSHRL and federal civil rights claims have their own rules. Civil Service Law § 75 protects competitive-class employees from discipline without just cause and a hearing, and § 75-b protects whistleblowers. Police officers also have specific procedural protections under the collective bargaining agreement and Public Officers Law for disciplinary actions.

Likely substantial rights. New York's WARN Act under Labor Law § 860-a applies to 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' (25+ jobs and 33% of workforce, or 250+ jobs regardless of percentage), or a 'relocation' of 25+ jobs more than 50 miles. Notice must go to affected workers, their union, the NYSDOL, and the local workforce investment board. If notice was inadequate, you may recover back pay and benefits for the period of the violation, up to 60 days. Federal WARN (100+ employees, 60 days' notice) applies in parallel. Severance agreements offered with the layoff are negotiable, especially when WARN compliance is in question.

Confirm the law because it has been actively changing. New York has debated broad non-compete legislation, and the rules around enforceability have been moving. As a baseline, traditional New York non-compete law requires that the restriction protect a legitimate employer interest (trade secrets, confidential information, substantial customer relationships, or unique services), be reasonable in scope, geography, and duration, not unreasonably burden the employee, and not harm the public. Customer non-solicitation provisions are sometimes enforceable when broader non-competes are not. The financial services industry has its own overlay rules, including the Broker Protocol for some firms. A separation agreement may try to expand restrictions; review before signing.

Significant. Under Labor Law § 198(1-a), an employee who proves unpaid wages can recover: (1) the unpaid wages themselves; (2) liquidated damages equal to 100% of the unpaid wages, unless the employer proves it had a good-faith basis for thinking it was complying with the law; (3) prejudgment interest at 9% per year, simple; (4) attorneys' fees and costs. For wage notice violations under § 195(1), statutory damages are $50 per workday per employee, capped at $5,000. For paystub violations under § 195(3), $250 per workday per employee, capped at $5,000. The six-year statute of limitations under state law allows substantial recovery. FLSA claims have a two- or three-year deadline but allow similar liquidated damages.

No, in most cases. The FMLA generally entitles you to return to the same job you held before leave, or to an 'equivalent position' with the same pay, benefits, and conditions. There are narrow exceptions for 'key employees' (highest-paid 10% of workforce within 75 miles) and for positions eliminated through bona fide reductions in force unrelated to the leave. Filling your job during your leave with a replacement is not a defense unless the position itself has been eliminated. Retaliation and interference claims under FMLA, plus retaliation under New York Paid Family Leave, plus NYSHRL pregnancy or disability claims (if related to a serious health condition), often run in parallel. The remedy can include reinstatement, back pay, front pay, liquidated damages under FMLA, and attorneys' fees.