Gattuso & Ciotoli, PLLC have been dedicated for over 50 combined years to representing New York employees, from across all professions and all industries, who have been discriminated against, victimized or sexually harassed while at their workplace. Our attorneys work tirelessly to be the advocates for employees who break the silence.
Our attention in Employment Law for both individuals and class actions in Fayetteville and Central New York includes FLSA and New York Labor Law violations, plus:
- Race, National Origin, or Religious Discrimination
- Age Discrimination
- Gender Discrimination
- Disability Discrimination
- Sexual Orientation and Gender Identity Claims
- Wage and Hour Claims
- Overtime Claims
- Wrongful Termination
- Sexual and other Harassment
- Severance/Separation Agreements
Hostile Work Environment
A hostile work environment is one in which an employee of an organization or company endures unfair treatment or harassment in the workplace, and this treatment is so prevalent and so serious that the employee is actually afraid of going to his or her place of employment for fear of being harassed, abused, or simply working in such an oppressive environment. A hostile work environment is also one of two means by which you can initiate a claim for sexual harassment. The Central New York employment lawyers of Gattuso & Ciotoli, PLLC are able to assist you if think you may be experiencing a hostile work environment.
Wage and Hour Claims
Have you ever been in a situation where you were asked to work outside of your scheduled hours? Were you on the clock for that? If you work in excess of 40 hours, do you receive overtime? You are entitled to be paid every minute of work that you do for your employer, and you have rights to report any errors that you have noticed concerning your pay or the hours that you have worked.
Some instances of wage and hour infractions include:
- Working when you are not clocked in
- Working through breaks and meals with no form of compensation
- Unlawful deductions from paychecks
- Unpaid overtime
- Refused vacation pay
- Improper classification as exempt from overtime pay
- Improper classification as a full-time or part-time employee
- Paying out of pocket for work-related expenses
You are, most likely, not the only employee at your job who is concerned by these practices. Do not assume that what your company is doing must be legal just because nobody else is saying anything. Employers who deliberately underpay their workers rely on your collective silence to maintain these unlawful habits without experiencing any repercussions.
Retaliation in the Workplace
Workplace retaliation is usually plain to see. Employers who use illegal business practices will frequently and openly terminate or demote an employee who has registered a grievance against the employer. In many instances, employers are fully knowledgeable of New York’s anti-retaliation laws and proceed very cautiously with the manner in which they discipline workers who made formal complaints or merely raised concerns informally.
Improper actions may include:
- Undeserved negative work assessments
- Pay decreases or seniority demotions
- Unlawful termination
- Hateful or abusive attitudes
- Reassignments to inappropriate positions
Workplace retaliation can occur despite being complimented on your work ethic and positive attitude if you are sexually harassed by your superior and you decide to file a complaint with your company’s human resources department. Then you receive your next workplace assessment and it is negative, you are fired for not performing up to company standards and/or for having a poor attitude.
Sexual harassment can range anywhere from brazen sexual suggestions to crafty little asides that create antagonistic or uncomfortable working conditions. Sexual harassment is a very pressing issue that can appear in many different forms. In some cases, an employee might not even realize that they have been sexually harassed until they think about it later when alone. Employees in Central New York are protected from sexual harassment by both state and federal laws.
Contrary to popular belief, sexual harassment is also not only a woman’s issue. Many male employees have found themselves to be victims of workplace sexual harassment as well. Employees can be harassed by anyone, not just those who hold a position of authority over them. Harassment is possible coming from an executive, a shift runner, a manager, a security guard, another employer, or a customer. Sexual harassment can occur in members of both the same sex and the opposite sex.
Fair Labor Standards Act Wage Claims
The Fair Labor Standards Act establishes the federal criteria for workers regarding earning minimum wage, record keeping, overtime pay, child labor laws and other workplace conditions. Employees are covered by the Fair Labor Standards Act are entitled to be paid the current federal minimum wage and to be compensated for any work in excess of 40 hours per week with an overtime pay of not less than one and a half times the standard rate of pay for all hours over 40 per week.
New York has minimum wage laws and other workplace protections that follow the federal standards. In any situation where the state and federal laws have different current minimum wage standards, the higher hourly rate of pay is implemented.
Attorneys at Gattuso & Ciotoli have helped obtain tens of millions of dollars for clients in employment and labor law cases for workers across the United States, but particularly in Central New York. If you suspect you have been underpaid, sexually harassed, discriminated against, retaliated against, or had your employment rights violated in any other manner, please contact Gattuso & Ciotoli for a free consultation to discuss your situation.
Working with Gattuso & Ciotoli, PLLC, you will benefit from our experience in educational and employment law. You will speak one-on-one with a skilled attorney in Fayetteville, New York that has the wisdom, understanding, and expertise that you need. We specialize in many different subsections of educational and employment law and can put our years of insight to use for you in your case. Contact the attorneys at Gattuso & Ciotoli, PLLC today to find out if you have the right to pursue a claim. Servicing Central New York, including Syracuse, Watertown, Binghamton, Fayetteville, North Syracuse, Camillus, Liverpool, Cortland, Auburn.