Employment Law

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Wage & Hour

Under state and federal laws, if your employer fails to properly compensate you for time on the job, you can seek damages in a wage and hour claim.

The attorneys at Davis & Ferber have the experience and resources to help. Partner David A. Davis, who oversees our labor and employment law practice, has been licensed to practice in New York and New Jersey for over two decades. We have represented numerous clients, including labor unions, in wage and hour claims. We emphasize personal service and attention, taking the time to listen carefully to your questions and concerns so that we can put together a strategy to get the results you deserve.

Our attorneys conduct an exhaustive investigation of the facts and circumstances of your case, looking closely at the actions of your employer. We will evaluate all the evidence so that we have a solid understanding of the strengths and weaknesses of your claim. Our attorneys prepare and file all necessary documentation, including requests that your employer make all relevant records available for review. We will also represent you in hearings or proceedings.

We handle all types of wage and hour claims, including situations in which an employer seeks to avoid paying overtime by paying a salary to hourly employees, requires you to work “off the clock”, or pays less than minimum wage.

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EEOC

If you have been the victim of discrimination in the workplace and want to file a lawsuit seeking compensation for your injuries, you must first file a charge with your local Equal Employment Opportunity Commission (EEOC) office or via the New York State Division of Human Rights (NYSDHR).

The EEOC/NYSDHR will investigate your claim and if it determines that your employer violated the law, the EEOC/NYSDHR will attempt to reach a voluntary settlement with your employer. If the EEOC/NYSDHR cannot reach a settlement, it will refer the matter to its legal staff and may file a lawsuit on your behalf. If the EEOC/NYSDHR decides not to file a lawsuit, or if the investigation determines that no law was broken, you will be issued a “Notice of Right to Sue,” which allows you to file a lawsuit in a court of law. To protect your rights, you want an experienced attorney to guide you through the EEOC/NYSDHR process.

The attorneys at Davis & Ferber bring considerable experience to clients who have been treated unfairly in the workplace. We have a strong commitment to personal service and attention, working closely with you throughout the legal process, and keeping you fully informed of your options as well as your likelihood of success.

We will handle all matters necessary to pursue your “Right to Sue” letter from the Equal Employment Opportunity Commission or the New York State Division of Human Rights. Our attorneys will fully investigate the facts and circumstances of your case, carefully evaluating all evidence. We will prepare and file all documents required by the EEOC/NYSDHR and will be your liaison with the EEOC/NYSDHR throughout the process.

Our attorneys have a comprehensive understanding of the laws governing discrimination in the workplace, and understand the factors that the EEOC/NYSDHR considers when investigating your claim. If the EEOC/NYSDHR issues you a “Right to Sue” letter, we will handle all matters related to your lawsuit.

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Sexual Harassment

Even with heightened awareness, sexual harassment is still far too common in the workplace.

It can take a variety of forms. Your boss may offer you a raise, promotion or other job-related benefit in exchange for sex. You may be threatened with job-related sanctions unless you submit to your superior’s advances. You could be subjected to a work environment where sexual references or innuendos are allowed, condoned, or even encouraged. If you have been a victim of sexual harassment in the workplace, you want an experienced attorney to protect your rights.

At Davis & Ferber, we understand the anxiety and stress you can feel when you dread going into work for fear that you will face sexual harassment. Our attorneys take the time to listen carefully to all your concerns and will work closely with you at all times, keeping you fully apprised of your options, as well as your likelihood of success.

Our attorneys represent individuals who have been victims of any type of sexual harassment in the workplace, including:

• Quid pro quo sexual harassment — This involves either promises of a work-related benefit in exchange for sexual favors, or threats of work-related punishment for failure to submit to sexual demands.
• Hostile work environment sexual harassment — If the owner or supervisors at your workplace continually allow or condone references, jokes, pictures, e-mails, or other items of a sexual nature, you can seek damages based on the creation of a hostile work environment.

We handle sexual harassment claims for both women and men, as well as same-sex sexual harassment claims. Our attorneys work to get you full and fair compensation for all your losses, including loss of economic opportunity, as well as emotional pain and suffering.

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Workplace Discrimination

If you believe you have been the victim of workplace discrimination do to race, gender, age disability, veteran status, or any other protected class, you want an experienced attorney to help you protect your rights, get compensation for the wrongful treatment, and put a stop to the discrimination.

At Davis & Ferber, our attorneys have the experience you need to protect your interests. Our attorneys and staff share a mutual commitment to provide a high level of personalized service and attention to every client. We will take the time to learn the details of your discrimination claim, as well as your goals, so that we can adapt our strategy to help you get the outcome you seek. We will keep you involved throughout the process, notifying you of any developments in your case, as well as your options and likelihood of success.

We will work with you at any stage of a discrimination action, whether you need to file with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights to obtain your right to sue letter, or you are already in litigation. We will prepare all necessary documents throughout the legal process and will be your voice in all hearings or proceedings. It is our mission to help you get back on track with your career goals and future plans.

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Social Security Disability

If you are injured or suffering from an illness, and you believe that you may not be able to work for at least one year because of your condition, you may be entitled to benefits through the Social Security Administration.

Most applicants find their requests for benefits are initially denied, but you can often get the benefits you need by properly appealing your claim denial. You want an experienced attorney who knows the rules and procedures adhered to by the Social Security Administration to guide you through the process.

At Davis & Ferber, our attorneys have a wealth of practice experience, including the representation of people seeking Social Security disability (SSD) benefits. We work with individuals at any stage of a Social Security disability claim, whether you are only considering seeking benefits, or have already filed a request for compensation and your claim has been denied. Our attorneys gather all relevant evidence to support your claim, and work with you to complete and submit your original request for benefits. We will also be your representative in all hearings or appearances, from administrative reviews to court proceedings.

We handle Social Security disability claims involving all types of injuries or illness, including brain or spinal cord injury, paralysis, loss of limb, and any debilitating illness such as congestive heart failure or cancer.

We will help you pursue benefits for all of your losses, including lost income, medical expenses, rehabilitation costs, and pain and suffering. We handle all Social Security disability claims on a contingency basis.

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State Disability Retirement

If you work for a governmental body in New York and you have been hurt on the job, you may be able to take an early retirement and receive benefits under the state’s retirement system. These benefits can be recovered in addition to any workers’ compensation or Social Security awards.

If you are determined to be “permanently incapacitated from the performance of the duties of your position,” you may be entitled to a disability pension as an employee of a public entity in New York. Though the application process for a disability pension may seem simple, there are steps you must take to maximize your eligibility for benefits, as well as the amount you may receive. We will do all the legwork, so that you are prepared for your future.

At Davis & Ferber, our attorneys are experienced in the provisions of the state retirement plan. We can quickly determine what benefit you may obtain, and know how to work with your doctor to get the necessary medical reports. We will carefully review the details of your case, and will prepare and file all necessary documents to help you seek benefits. We will represent you in hearings or proceedings, including all appeals.

We know the types of injuries or illnesses that will qualify you for a disability pension. We will provide you with a straightforward and honest assessment of the strengths and weaknesses of your case, as well as your options and likelihood of success.