Labor and Employment Law


 
People negotiating a contract - attorney in Clifton Park, NY
 
Employment Discrimination
Workers in New York are protected against discrimination by various laws including, Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act and the New York State Human Rights Law. These laws prohibit discrimination in employment on the basis of age, sex, race, sexual orientation, marital status, disability, and a number of other protected categories.

At Ianniello Anderson, P.C. we represent employees and employers in all aspects of an employment discrimination claim. Our goal is to attempt to resolve disputes efficiently, whether through litigation, mediation, or at trial.

 
Whistleblowing and Retaliation
Ianniello Anderson, P.C. attorneys advocate for employees who have been illegally retaliated against for reporting misconduct in the workplace, including discrimination, financial wrongdoing and workplace safety violations. We counsel clients on their options and potential consequences both before and after they complain, whether to their employer or externally, about illegal behavior. We are well-versed in a variety of workplace laws that protect employees against being discharged, demoted, suspended, threatened, harassed or otherwise discriminated against for complaining about or reporting certain illegal activity.

Employment Contract
Ianniello Anderson, P.C. assists employees in negotiating employment agreements so that they are protected against mistreatment during their employment. We negotiate solutions to employment contract disputes and, where necessary, litigate contract disputes in arbitration, state or federal court. These matters often involve issues relating to non-competition and non-solicitation restrictive covenants or protection of trade secrets.

Wage and Overtime
At Ianniello Anderson, P.C. we advocate for our clients to make sure that they are paid all the compensation they have earned. We represent employees whose employers have violated federal and state laws that govern minimum wage, overtime, exemptions, unlawful deductions, tips, commissions and other types of compensation. We also represent multiple employees who together have suffered the same type of wage theft by the same employer in class and/or collective actions.
We also counsel and provide guidance on best practices to our employer/business clients so that they avoid overtime and wage theft lawsuits.

Severance Agreements
In New York, employees are generally considered “at will,” meaning that they can be terminated for any reason or no reason at all, other than a reason that is prohibited by law. Those reasons typically involve a situation where an employee is protected by an employment contract or has a claim of discrimination or retaliation that is covered by the discrimination laws. At Ianniello Anderson, P.C., we represent clients in separation cases across all types of industries. We negotiate and draft employment separation agreements across industries, including for corporate executives, commission sales persons, medical doctors, as well as for employees that are subject to mass layoffs.

Our approach to negotiating separation agreements focuses on the practical aspects of employment relationships, as well as examining types of practical leverage, if any, available for the negotiations. Sometimes our role is simply to stay in the background and guide our clients; other situations may call for us to aggressively advocate a legal claim. Either way, we see our primary goal as protecting the reputation of our client and obtaining the most favorable economic package that is possible under the circumstances.

Counseling Employers
There is a wide array of labor and employment laws that regulate employment relationships in New York. Effective management of today’s workforce often requires advice of experienced counsel. We provide advice and counsel to employers on day-to-day decisions concerning employment relationships including issues of discrimination and employee discipline.

At Ianniello Anderson, P.C. we counsel our clients about how to avoid litigation. The most effective way to avoid lawsuits is to get proper guidance before making the employment decision.

Department of Labor Investigations
The New York State Department of Labor and the United States Department of Labor have become increasingly aggressive in their investigation and prosecution of employers for violating the minimum wage and overtime protections of the New York Labor Law and the Fair Labor Standards Act. Therefore, audits conducted by these departments must be handled with extreme care and cooperation with state and federal investigators is key to their resolution.
Ianniello Anderson, P.C. has the expertise and experience to guide you and your business through the complex and stressful process of DOL audits.

We have established excellent working relationships with both the New York State Department of Labor and the United States Department of Labor and have successfully represented a variety of businesses, including restaurants and construction companies.

Legislative/Policy Lobbying
At Ianniello Anderson, P.C. we work closely with lawmakers and the governor’s office. We vigorously communicate our clients’ positions on key issues. Whether or not our legislative efforts culminate in signed law, they often elevate and clarify issues for legislators. This can be of equal or greater importance relative to effecting outcomes that benefit our clients.