​Every year, more than 3,000 pregnancy discrimination charges are filed with the U.S. Equal Employment Opportunity Commission.  And every year, employers pay millions of dollars to settle those cases in order to avoid a trial.
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Will your case result in a large settlement before trial?  That depends on the quality of your evidence and the experience of your lawyer.

​The law protects pregnant women from discrimination in the workplace.  For example, an employer may not offer a woman employment and then withdraw the offer after learning that she is or plans to become pregnant.  An employer also may not change a woman’s terms and conditions of employment in a negative way because she is pregnant.  A negative change in terms and conditions of employment may include changing her job responsibilities, denying her a raise or promotion, harassing her and creating a hostile work environment, forcing her to take a leave of absence, or terminating her employment because she is pregnant or intends to become pregnant.

At the same time, the law requires that employers provide reasonable accommodations for employees who are pregnant or have medical conditions related to their pregnancy.  An accommodation may include something as simple as allowing time off for medical appointments or providing a place to rest during the workday.  It may also include changes in the job duties of a pregnant employee if the employer would agree to such changes for an employee with a temporary disability unrelated to pregnancy.

As you can see, the law is complicated and confusing.  Employers are not allowed to unilaterally change a woman’s terms and conditions of employment in a negative way because she is pregnant, but they may be required to change her terms and conditions of employment if she requests an accommodation.
In a perfect world, the process would be simple.  A woman would speak to her employer about her pregnancy-related needs, receive a reasonable accommodation so she would have no stress during the most important time of her life, continue to work and earn a living until her baby arrives, and know that she could return to work when she is ready.

Unfortunately, too many employers think only about the short term.  They react badly while thinking about how they will cover the pregnant woman’s job responsibilities when she gives birth and takes maternity leave.  Or what will happen when the woman wants to return to work.  By focusing on these short-term, temporary issues, employers often make stupid decisions that cause serious harm to the pregnant woman (and do not help the company in the long run anyway).
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That is where the law comes in to protect your rights.  If your employer discriminates against you because you are pregnant, refuses to give you a reasonable accommodation, or retaliates against you for complaining of discrimination, then the law will make the employer pay.  You may also be entitled to reinstatement, a promotion, and/or a raise of you want to continue working for them.

Before starting this law firm to protect the rights of employees, I was a partner in a large law firm representing employers in discrimination lawsuits.  So, I know how employers think when it comes to deciding whether or not to settle a pregnancy discrimination case.

The first factor is the evidence.  When an employee has taken the time to gather and organize her evidence of discrimination, that sends a signal that she is serious about pursuing her claims.
The second factor is the employee’s lawyer.  Is the lawyer someone who takes on every case, does very little work to prepare, and then settles quickly for small amounts?  Or is the lawyer someone with decades of experience, who takes on a small number of significant cases, prepares thoroughly, and is ready to go to trial if necessary to win the maximum amount of compensatory and punitive damages?
  
Employers tend to settle cases when the employee has an experienced lawyer who is prepared and ready to go to trial if necessary.  It is very costly for employers to defend an employment case.  And if the employer loses, they will have to pay compensatory damages, the plaintiff’s attorney fees, and often punitive damages too.  They could also face disruptions inside the company and negative publicity in the media if the case goes to trial.  
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The last thing an employer wants to do is fight with a lawyer who is ready, willing, and able to try the case.  When an employer sees that a pregnant employee has gathered her evidence and retained a lawyer with ​real trial experience, they start thinking about settling the case long before it gets to a jury.

The first step is working with a qualified employment attorney to prepare a strong case.  You need someone who understands how federal and state laws protect pregnant employees – and who has extensive trial experience.  That will send a message to the employer that you are prepared to take the case to trial if they do not agree to a reasonable settlement.

We have represented clients in employment discrimination cases for more than 30 years.  Our experience includes jury trials, appeals, and some of the largest employment discrimination settlements in U.S. history.  When you retain us as your lawyers, we level the playing field by giving you the same high-quality, aggressive representation that large employers receive.

The process begins with a conversation.  Call us today at (212) 601-2728 to schedule a free and confidential consultation.  We will listen to your concerns, review your evidence, and explain your options.  If you have a strong case, we will represent you on a contingency fee basis – which means that you will not owe us any legal fees unless you win.

Sexual harassment is a serious issue.  It can have a negative impact on your job and your career.  The stress can take a serious toll on your health and well-being.

Fortunately, New York has some of the strongest laws against sexual harassment in the country.  Employees in New York have three years to file a claim against their employer, an easier burden of proof, and no statutory limit on punitive damages.

You are entitled to recover compensatory damages for emotional distress caused by sexual harassment.  The amount of damages will depend on the severity of the harassment and the evidence you have to support your claim of emotional distress. 

The highest awards are given when severe emotional distress is corroborated by medical records.  This type of evidence can include consultations with a doctor, psychiatrist, psychologist or social worker.  Other evidence supporting emotional distress claims may include prescriptions for blood pressure or anxiety medications.

While emotional distress awards are in the thousands of dollars when based on just your testimony, there are many cases where courts have awarded hundreds of thousands of dollars, and sometimes millions of dollars, for emotional distress claims backed by medical evidence.

You are also entitled to recover any financial losses.  Financial losses may include damages for back pay and lost future earnings if you were fired, underpaid, or denied a promotion or raise as a result of sexual harassment.  You are also entitled to reimbursement of medical expenses for emotional distress.  Plus, you are entitled to 9% annual interest from the dates the losses were incurred.

The best way to build a case for significant damages is to speak to an experienced lawyer as soon as possible after the harassment occurs.  By getting your lawyer involved early, you can build a strong case for compensatory and punitive damages.  Having a lawyer on your side also helps to protect your legal rights, so you can focus on healing emotionally from the trauma caused by the abuse or mistreatment at work.

Our experienced New York sexual harassment attorneys can help you prove your claims.  We begin with a conversation.  We will listen to you, help you understand your rights, and develop a plan.  If you have a strong case, we will represent you on a contingency fee basis, which means that you will not owe us any legal fees unless you win.

Call us today at (212) 601-2728 to schedule a free and confidential consultation.

If so, then you may be owed thousands of dollars.  New York law requires employers to pay one and one-half times your usual hourly rate when you work more than 40 hours in a workweek, unless you are considered an “exempt” employee.

You can sue your employer for unpaid overtime going back 6 years.  And if your employer intentionally failed to pay the overtime rate, then you are entitled to be paid two times the amount of overtime pay you are owed.

If you have a strong case, we will represent you on a contingency fee basis.  This means that our attorneys will fight to make sure you get paid every penny that you are owed, and you will not owe us any attorneys’ fees unless you win.

Do not delay.  Your claims are subject to strict time limits.  Call us today at (212) 601-2728 to schedule a free and confidential consultation with an experienced employment attorney.

Many people believe that they are not entitled to overtime pay if they are paid a salary.  Some people also believe that they are not entitled to overtime just because they are given a “manager” or “assistant manager” title, or if they are called an “independent contractor.”

It is not that simple.  

Your right to overtime compensation depends on how much regular compensation you are paid, what education and skills are required to do your job, how much independence you have when doing your job, and what type of work you actually perform for your employer.

The law says that you must be paid overtime – at the rate of one and one-half times your regular rate of pay – for all the hours you work over 40 per week, unless your employer can prove that you are “exempt” from the overtime requirements.

This means that you may be entitled to overtime, even if you are paid a salary or are called an “independent contractor.”  And if your employer fails to pay overtime compensation, you may be entitled to two times the amount of overtime you are owed.

Here are just a few of the jobs where employers try to cheat workers out of their rights to overtime compensation:

• Restaurant Workers including waiters, bussers, hosts, cooks, and dishwashers
• LPNs, Home Health Aides, PT Assistants and other types of healthcare workers
• Construction Workers including on both private and public projects
• Retail, Fast Food, and Grocery Store Workers even if they are called “managers” or “assistant managers”
• IT Help Desk Employees
• Exotic Dancers
• Local Delivery Drivers and Couriers
• Employees Misclassified as “Independent Contractors”

How do you know if you should be paid one and one-half times your regular rate of pay for overtime?  As a general rule, you are entitled to overtime unless you fall within one of the following exemptions.

The Compensation Exemption
If you work in New York and earn more than $1,125.00 per week in regular compensation, then you are probably not entitled to overtime.

“Regular” compensation means the amount you are paid by your employer for a 40-hour workweek.  It does not include compensation for more than 40 hours per week or tips left by customers.

The Administrative Exemption
Some administrative and management employees are “exempt” from the overtime requirements, even if they earn less than $1,125.00 per week.

Your job title alone does not determine if you are an administrative or management employee.

You fall within this exemption only if (a) you perform office or non-manual work, AND (b) that work is directly related to the management or general business operations of your employer or its customers.  Your primary duties must also involve the exercise of discretion and independent judgment with respect to significant matters.

If you do not have the authority to make important decisions on your own, then you may not be an administrative or management employee for purposes of being paid overtime.

The Professional Exemption
Professionals and other skilled occupations that require licenses or advanced degrees are usually exempt from the overtime laws.  This includes doctors, lawyers, engineers, and accountants.

The mere fact that you are licensed as a professional or hold an advanced degree does not automatically exempt you from the overtime laws.  You must actually need to use your professional skills or advanced education to do your job.

For example, Registered Nurses (RNs) are usually considered “exempt” from the overtime laws, but Licensed Practical Nurses (LPNs) are not.  If you are licensed as an RN, but you are performing the duties of an LPN, then you may be entitled to overtime compensation.

The Independent Contractor Exception
Many employers try to avoid paying overtime – and some employers try to avoid paying the minimum wage – by calling you an “independent contractor.”

When deciding whether you are an independent contractor or an employee, courts look at the totality of the circumstances.  Here are some of the circumstances that suggest you are an employee and should be paid overtime compensation:

• the work you do is an integral part of the employer’s business
• your relationship is either permanent or likely to continue for the indefinite future
• the employer provides all the facilities and equipment that you use
• the employer controls what you do and when you do it
• you do not have the opportunity to make a profit by controlling how you work

If this sounds like you, then you are probably an employee entitled to be paid overtime compensation when you work more than 40 hours per week.

How to Get Paid the Overtime Compensation You Are Owed

At The Howley Law Firm, we begin with a conversation.  We will talk with you about where you work, what type of work you do, and how you are paid.  We will review any documents you may have, such as paystubs or other payroll records, time records, tip reports, and job descriptions.

There is no charge for this initial consultation.  It can be done over the phone, by videoconference, or in person.

We will tell you whether you have a case and, if so, what your options are.

If you have a strong case, we will represent you on a contingency fee basis.  This means that we will not be paid any attorneys’ fees unless you win.  In most cases, the court will order your employer to pay our attorneys’ fees in addition to the amount of unpaid overtime and liquidated damages the employer will have to pay to you.

To get started, call us at 212-601-2728 to schedule a free and confidential consultation.