New York City Employment Law Attorneys

It depends on the claim and the relief you want. The NYC Commission on Human Rights enforces the NYCHRL, which generally offers the strongest protections for employees who work in any of the five boroughs. The NYSDHR enforces the NYSHRL, which covers the whole state. The EEOC enforces federal law. Filing with one agency typically cross-files with the others, but the procedural rules and remedies differ. For example, the NYCHRL has a three-year statute of limitations for most claims, while EEOC charges generally must be filed within 300 days. We typically evaluate which forum gives the broadest substantive coverage and the longest statute of limitations before recommending where to file.

The NYCHRL is read independently of and more liberally than state and federal civil rights laws. The 2005 Restoration Act and 2016 amendments codified that NYCHRL provisions must be construed broadly in favor of discrimination plaintiffs. As a practical matter, the city law covers more protected classes (such as caregiver status and credit history in most jobs), uses a lower causation standard, and treats certain harassment as actionable even where federal law would call it not severe or pervasive. The city law also covers smaller employers (four or more employees, with sexual harassment provisions reaching all employers regardless of size).

Often, yes, but the answer depends on the language of your offer letter, bonus plan, and any vesting schedule. New York Labor Law Article 6 can treat earned bonuses and commissions as wages, which means forfeiture clauses may be unenforceable to the extent the compensation was already earned. Even where a bonus is technically discretionary, courts look at whether the employer's practices created a binding expectation, and at whether termination was timed to avoid payment. We review the documents and the timing of the termination to evaluate both wage and breach-of-contract theories, and we also look at whether the termination itself violated the NYCHRL or other discrimination laws.

Under New York Labor Law §§ 650-665 and the federal FLSA, you are generally entitled to minimum wage for every hour worked and time-and-a-half overtime for hours over 40 in a workweek. In the hospitality industry you may also be entitled to spread-of-hours pay (an extra hour at minimum wage when your workday spans more than 10 hours) and to recover misallocated tips. Damages typically include unpaid wages, liquidated damages equal to 100% of the unpaid wages under Labor Law § 198(1-a), interest, and attorney's fees. Wage notice and statement violations under Labor Law § 195 carry separate statutory penalties. The look-back period is up to six years under state law.

New York courts enforce non-competes only when they are reasonable in time, geography, and scope, and only to the extent needed to protect a legitimate business interest such as trade secrets or unique services. Broad restrictions against a former employee taking any job in the same industry anywhere in the country are routinely struck down or narrowed. New York courts also disfavor non-competes against employees who were terminated without cause. If your employer is threatening enforcement, we evaluate the agreement, the protectable interest, and whether the restriction can be defeated outright or limited through court intervention.

Most NYCHRL claims have a three-year statute of limitations for filing in court. If you instead file at the NYC Commission on Human Rights, you generally have one year (three years for gender-based harassment). NYSHRL claims have a three-year court filing deadline, but a one-year filing deadline at NYSDHR (three years for sexual harassment). Federal EEOC charges must be filed within 300 days. The wage statute of limitations under New York Labor Law is generally six years. Because the deadlines vary by statute and forum, you should not assume you have three years for every claim.

New York Labor Law § 740, the state whistleblower statute, was significantly expanded in 2022. It now protects employees who reasonably believe their employer is engaged in illegal activity or in conduct that poses a substantial danger to public health or safety. The law covers both current and former employees and applies to retaliation including termination, discipline, and threats. Remedies include reinstatement, back pay, civil penalties, and attorney's fees. NYSHRL and NYCHRL also separately prohibit retaliation against employees who oppose discrimination, file complaints, or participate in investigations.

Since November 2022, NYC employers with four or more employees must disclose a good-faith salary range in any job posting. The law does not by itself create wage damages, but pay range disclosures often surface large disparities tied to gender, race, age, or other protected categories. Those disparities can support discrimination and equal-pay claims under the NYCHRL, the New York Equal Pay Law, and the federal Equal Pay Act. If you discover a pay gap after a posting, screenshot the listing and the date, because employers sometimes pull or revise postings once a complaint surfaces.