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Long Island Employment Lawyer

Whether you are a business owner or an employee, you should be aware that employment laws cover every aspect of employer-employee relationships, including applications, hiring, training, working conditions, wages, promotions, benefits, discipline, and terminations. Federal and state laws define the rights and duties of both employers and workers and at Tand & Associates we give legal assistance to both parties. We work hard to obtain fair treatment for employees who have been taken advantage of, harassed, or discriminated against. By the same token, we help employers to understand current employment regulations and be proactive in putting systems in place so they are fully compliant. Our highly skilled attorneys are prepared to assist you regardless of your employment role.

Representing Employers

Tand & Associates represents employers in several ways, making sure they are in compliance with all relevant legislation, including:

  •  Age Discrimination and Employment Act of 1967 (ADEA)
  • Americans with Disabilities Act of 1990
  • Civil Rights Act of 1964 (Title VII)
  • Equal Pay Act of 1963
  • Fair Labor Standards Act
  • Family Medical Leave Act
  • Occupational Safety and Health Act
  • Pregnancy Discrimination Act
  • Worker Adjustment and Retraining Notification Act

The number and complexities of such regulations can be intimidating, but our experienced, knowledgeable attorneys will coordinate efforts with your human resources department to ensure that strategies are in place to shield you from potential employee lawsuits. We will also help you to formulate company policies and advise you regarding effective methods to create an appropriate employee handbook. While not mandatory, employee handbooks are very useful in spelling out employee expectations and duties in regard to wages, promotions and raise, conduct, safety procedures, substance abuse, sexual harassment, discipline, and termination, and can prevent confusion and disputes.

Employment Agreements

It is now common for employers to require new hires to sign employment agreements. These agreements, of which there are three types, are designed to protect employees from their competitors. The three types of employment agreements most frequently used are confidentiality agreements, non-compete agreements, and work-product agreements.

Confidentiality (nondisclosure) agreements prevent applicants or employees from sharing private company information gleaned during interviews or during the course of employment with other companies in the same business. Non-compete agreements prevent employees from working for business competitors for a certain period of time after leaving the present company. Work product agreements protect a company’s intellectual property by preventing employees from taking any discoveries, inventions, trademarks, logos, etc. they have created while working for the present company to any firm that employs them in the future. All of these agreements must carefully define the type of information that must not be shared, the time period involved, and the specific types of companies that are considered competitors.

One of the ways our practice assists employers is by crafting and reviewing employment agreements to make sure they are legally binding and are worded to protect companies from potentially traitorous employees.

Representing Employees

Our law firm represents employees by protecting them from unfair working conditions, harassment, and discrimination. We have had great success in winning cases in which employees have filed complaints of sexual harassment, or of discrimination based on religion, ethnicity, gender, age, sexual orientation, or disability. If you have been discriminated against for any of these reasons, we will fight vigorously for you. We are also here to protect your right to being paid a fair living wage, to attaining deserved promotions and raises, and to not being retaliated against for filing a complaint or unfairly terminated.

Wage and Hour Laws

If you feel your pay is not up to regulated standards, our employment attorneys are prepared to listen to your complaints and determine whether you have a case against your employer. The Fair Labor Standards Act (FLSA) sets basic minimum wage and overtime pay standards.  Employers are required to pay overtime wages to certain employees after 40 hours of work in a week. Overtime rates must be at least one and a half times the regular rate of pay. You should be aware, however, that the FLSA does not require companies to provide holiday pay, sick time, paid or unpaid vacation time, or severance pay.

Important distinctions are drawn between exempt and nonexempt employees. Most regular employees are nonexempt, but employees designated as exempt are excluded from protections of minimum wage and overtime rules. Generally speaking, exempt employees are in managerial positions, capable of hiring or firing other employees.

Sexual Harassment

As the culture has become more attuned to sexual harassment, fewer and fewer employees are putting up with such demeaning treatment at their places of employment. No matter what your gender or sexual orientation, you no longer have to put up with unwanted sexual advances, taunts, or a hostile work environment. If you have been sexually harassed at your job, the attorneys at our office are well-prepared to take your case. We will fight forcefully to recover the full measure of damages you deserve for the indignity and humiliation you have endured.

Victims of sexual harassment at the workplace can recover compensatory damages, which include lost wages, lost benefits, and monetary compensation for pain and suffering. Depending on how egregious the harassment was, you may also be awarded punitive damages designed to punish the perpetrator and discourage others from similar misconduct. In some circumstances, your attorney fees and court costs will also be paid. If you have been terminated in retaliation for rejecting unwanted advances, or for filing a harassment complaint, our attorneys may be able to get you reinstated.

Workers' Compensation

When an employee is injured on the job or develops an occupational illness, he or she is entitled to workers’ compensation. Workers’ compensation benefits will cover:

  •  Medical, surgical, and rehabilitative costs
  • Necessary medications
  • Percentage of lost wages
  • Permanent disability benefits where warranted
  • Death benefits for a worker killed on the job

If you have suffered an injury at the workplace, your first action should, of course, be obtaining any necessary medical care. You must then officially notify your employer in writing and also notify the Workers’ Compensation Board. Failing to take these actions in a timely fashion may jeopardize your right to benefits. This is one of the reasons it is essential to have a competent attorney at your side.

If a family member has been killed on the job, the emotional consequences are overwhelming, but financial issues also have to be dealt with. Death benefits typically include funeral costs (with a cap) and lost wages paid out either as regular stipends or as a lump sum to dependents. Typically, spouses receive death benefits until they die or remarry and children until they reach maturity. Workers’ compensation benefits vary from state to state, so it is essential to have an attorney with the current local knowledge to help guide you through this difficult and painful transition.

Serious workplace injuries, illnesses, and disabilities present challenges to the victim and the victim’s family. Our workers’ compensation attorneys are diligent and compassionate, committed to ensuring that you receive all the benefits you deserve. You will not have to pay us any fee unless we win your case, at which time attorney fees are restricted by state law. In any event, initial consultations with our practice are free.

If you have been through the devastation of losing a loved one to a workplace injury or illness, our workers’ comp lawyers will provide you with caring personal attention, taking over your legal burden so that you and your family can concentrate on healing from your trauma.

Whether you are the owner of a company or an employee, the talented employment attorneys at Tand & Associates are well-equipped to handle any employment issue you have with efficiency and concern. We can be reached at 516-393-9151 or by filling out the contact form on our website.

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1025 Old Country Road , Suite 320, Westbury, NY 11590
| Phone: 516-393-9151

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