Schenectady Employment Law Attorneys

If your division has 25 or more affected employees and GE has 50 or more full-time employees in New York, the New York WARN Act under Labor Law § 860-a requires 90 days' written notice to affected employees, their union (if any), the NYSDOL, and the local workforce investment board. The notice must include specific information about the action, severance terms (if any), and contact information. If GE failed to give proper notice, affected employees can recover back pay and benefits for the period of the violation, up to 60 days, plus attorneys' fees. Separately, employees who are 40+ and laid off in a group reduction may have rights under the Older Workers Benefit Protection Act, which requires specific disclosures in any age-claim waiver.

Yes. NYSHRL § 296-d and NYC HRL (where applicable) have long protected employees from harassment by customers and third parties when the employer knows or should have known and fails to take appropriate action. After the 2019 NYSHRL amendments, the standard is more employee-friendly: harassing conduct only needs to exceed 'petty slights or trivial inconveniences,' not 'severe or pervasive.' Casinos and hospitality workplaces have heightened obligations because of frequent customer contact. Documenting the conduct, reporting it through any available chain (manager, HR, security, hotline), and noting the employer's response (or non-response) creates the foundation for a retaliation claim under § 296(7) if you face adverse action after complaining.

The EEOC Buffalo Local Office serves upstate New York, including the Capital Region. You can file a charge by mail, online through the EEOC Public Portal, by phone at 1-800-669-4000, or in person at 300 Pearl Street, Suite 450, Buffalo, NY. Under EEOC and NYSDHR worksharing, a charge filed with one agency is generally cross-filed with the other, so you do not have to file twice for federal claims. The deadline is 300 days for most federal claims (Title VII, ADA, ADEA). After investigation, the EEOC may issue a cause finding, dismiss the charge, or issue a notice of right to sue allowing you 90 days to file in federal court.

It depends on your duties, not just your salary. The FLSA's professional exemption applies to employees whose work requires advanced knowledge in a field of science or learning, typically requiring a specialized degree, and who exercise discretion and judgment. Many engineers qualify, but not all. Engineers doing largely repetitive testing, drafting, or production-line tasks may not be exempt. The salary threshold is also relevant: as of 2026, the federal salary level for exempt status and any matching New York standard apply. Misclassification cases against major manufacturers, including in the Capital Region, have produced recoveries when the actual job duties were more rote than the employer claimed. Records of your daily work, project assignments, and reporting structure are useful.

Full NYSHRL protections. Union College is a private institution, so it is treated like any other private employer for NYSHRL purposes. NYSHRL prohibits discrimination, harassment, and retaliation based on race, sex, age, disability, religion, pregnancy, sexual orientation, gender identity, and other protected classes. Federal Title VII, the ADA, the ADEA, and Title IX (for federally funded programs) all apply. Tenure, contract renewal, and promotion decisions can be challenged when tainted by bias or procedural violations. The deadlines are three years for NYSHRL filings or court actions, and 300 days for EEOC charges on federal claims.

Maybe not. New York Labor Law § 167 generally prohibits mandatory overtime for nurses at healthcare facilities, with narrow exceptions: a declared healthcare disaster, an unforeseen emergent circumstance, prescheduled overtime that the nurse was aware of, or ongoing patient-care procedures that cannot safely be interrupted. The employer must make a 'good faith effort' to find a voluntary substitute. Routine staffing shortages and call-outs by other nurses do not count as emergencies. If you were disciplined for refusing mandatory overtime in a non-emergency situation, you can file a complaint with the NYSDOL. Retaliation claims may also overlap with Labor Law § 740 if you raised patient-safety concerns.

Several things. Document everything you receive (or do not receive) from the employer, including any notice, severance offers, and information about final paychecks. Final wages are due on the next regular payday under Labor Law § 191. Accrued vacation may be owed if the employer's policy treats it as earned wages. If the employer is subject to the NY WARN Act (50+ full-time employees in New York) and the layoff involves 25+ workers, you can file a complaint with the NYSDOL and may have rights to back pay and benefits for the notice period. Apply promptly for unemployment insurance through NYSDOL. If you are part of a group layoff and 40+, review any severance agreement carefully because OWBPA disclosures may be required.

Yes. NYSHRL applies to state agencies as employers, and the law expressly allows employment discrimination claims to be brought directly against the state and its agencies in state Supreme Court. That includes SUNY institutions, state departments, and other state employers. Federal claims (Title VII, ADA, ADEA) against state employers face some sovereign immunity limits, particularly for money damages under the ADA and ADEA, but injunctive relief and § 1983 claims for constitutional violations remain available. Civil Service Law § 75 provides procedural protections against discipline of competitive-class state employees, and § 75-b protects state whistleblowers from retaliation. For state employees, layered claims under multiple statutes are common.