LGBTQ+ Movements
New York Employment Attorneys Fighting for the Rights of LGBTQ+ Community Members
Throughout the years, members of the LGBTQ+ community have fought hard to obtain rights and recognitions they had been denied by those who saw their lives as less than. And while great strides have been made, lesbian, gay, bisexual, transgender, and queer (questioning) individuals and couples still face challenges in today’s society. Any negative differential treatment or violence against members of the LGBTQ+ community is abhorrent and should not be tolerated.
At Nisar Law Group, P.C., we stand with the LGBTQ+ community and work tirelessly to address and fight acts of discrimination directed at these individuals. We celebrate and respect all people, no matter their sexual orientation or preferences, and we will continue to take legal action against anyone who engages in unjust conduct that negatively affects them.
At Nisar Law Group, P.C., our goal is to help to create lasting change and challenge workplace discrimination based on a person’s gender or sexual orientation. To discuss your case, call us at (212) 600-9534 today.
Sexual Orientation and Gender Discrimination in the Workplace
Sadly, erroneous and harmful thoughts about members of the LGBTQ+ community seep into the workplace, creating uncomfortable and hostile environments. People may face various types of discrimination based on their actual or perceived sexual orientation or gender identity. Not only does New York law prohibit this type of conduct, but in Bostock v. Clayton County, Georgia decided in June of 2020, the U.S. Supreme Court ruled that sexual orientation and sex discrimination in the workplace is barred under Title VII of the Civil Rights Act of 1964. Employers can and should be held accountable for allowing such discrimination to continue.
If you’ve been subject to unjust treatment at work, our attorneys are here to help you understand your legal options. We have extensive experience in employment law and an in-depth understanding of your rights and legal protections. We will fight toward a favorable outcome on your behalf.
Celebrating Pride Month
In June of 1970, the first Pride celebration was held to recognize the first anniversary of the Stonewall Uprisings. Just a year earlier, police raided a gay club known as the Stonewall Inn, which sparked protests against such conduct. Members of the community sought safe places for gay men and women to gather without fear of persecution or arrest.
Today, Pride Month is celebrated throughout June. People from all walks of life come together to remember not only the Stonewall Uprisings but also to recognize progress and change members of the LGBTQ+ community have made. Pride is celebrated worldwide, with millions of people joining in on festivities.
At Nisar Law Group, P.C., we stand in solidarity with the LGBTQ+ community and respect and support celebrations such as Pride Month, as well as groups and organizations that fight for legal gains for these individuals and couples.
Seeking a Society Built on Respect and Equality
Our New York employment law attorneys understand the negative effects of discrimination based on a person’s actual or perceived characteristics. That is why we fight hard to right the wrongs committed in the workplace and seek to create systemic change.
For the legal advice and guidance you need for your discrimination case, call us at (212) 600-9534 or submit an online contact form.
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Your Questions Answered: Federal Employment Law FAQs
Employment law is the legal framework that governs the relationship between you and your employer. Think of it as the rulebook that defines what’s fair and legal in the workplace—covering everything from how much you should be paid to how you should be treated.
This area of law includes discrimination protections, wage and hour requirements, workplace safety standards, family leave rights, and procedures for handling workplace disputes. Both federal and state governments have created these laws to ensure you’re treated fairly and have legal recourse when problems arise.
Understanding employment law helps you recognize when your rights are being violated and gives you the tools to address workplace issues before they escalate.
As an employee, you have several fundamental rights that your employer must respect. You have the right to be paid at least minimum wage and receive overtime pay for hours over 40 per week (unless you’re exempt). You can’t be discriminated against based on your race, gender, age (if you’re 40+), religion, disability, or other protected characteristics.
You also have the right to a safe workplace free from known hazards, the ability to take unpaid leave for serious medical or family situations under FMLA, and protection from retaliation if you report violations or file complaints about workplace issues.
Additionally, you have the right to organize with coworkers, discuss working conditions, and in many cases, join or form unions. These rights exist whether or not your employer tells you about them—they’re yours by law.
While these terms are often used interchangeably, they focus on different aspects of the work relationship. Employment law primarily deals with individual employee rights—your right to fair wages, protection from discrimination, workplace safety, and family leave.
Labor law, on the other hand, focuses on collective relationships between groups of employees (usually through unions) and employers. This includes the right to organize, collective bargaining processes, union elections, and strikes.
In practice, both areas often overlap and work together to protect your interests at work. Whether you’re dealing with an individual workplace issue or participating in collective action, understanding both areas helps you navigate workplace challenges more effectively.
The most frequent violations we see involve wage and hour issues—employers not paying overtime, misclassifying employees as independent contractors to avoid paying benefits, or requiring off-the-clock work. These violations can cost you thousands of dollars over time.
Discrimination and harassment violations are also common, including unequal treatment based on protected characteristics, failure to accommodate disabilities, and retaliation against employees who report problems or file complaints.
Workplace safety violations, improper handling of family leave requests, and interference with union activities round out the most frequent issues. Many of these violations happen because employers either don’t understand the law or choose to ignore it to save money.
Several key federal laws form the foundation of employee protection. The Fair Labor Standards Act (FLSA) ensures you receive minimum wage and overtime pay. Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin.
The Americans with Disabilities Act (ADA) protects workers with disabilities and requires reasonable accommodations. The Age Discrimination in Employment Act (ADEA) protects workers 40 and older. The Family and Medical Leave Act (FMLA) provides job-protected leave for medical and family reasons.
State laws often provide additional protections beyond federal minimums—many states have higher minimum wages, broader anti-discrimination protections, or more generous leave policies. Understanding both federal and state protections helps ensure you receive all the protections available to you.
While there isn’t one single “major employment act,” the Fair Labor Standards Act (FLSA) of 1938 is often considered the cornerstone of modern employment law. This federal law established minimum wage, overtime pay, and child labor protections that still form the backbone of wage and hour law today.
Other foundational acts include Title VII of the Civil Rights Act of 1964 (prohibiting discrimination), the Americans with Disabilities Act of 1990 (disability protections), and the Family and Medical Leave Act of 1993 (family leave rights).
Each of these acts addressed critical workplace issues and continues to evolve through amendments and court interpretations. Together, they create a comprehensive framework protecting your rights as an employee.
The basic employment laws center around fair compensation, equal treatment, and workplace safety. Wage and hour laws ensure you’re paid fairly for your time, including minimum wage and overtime protections. Anti-discrimination laws prohibit unfair treatment based on protected characteristics like race, gender, age, religion, and disability.
Workplace safety laws require employers to maintain safe working conditions and provide necessary safety equipment and training. Family and medical leave laws allow you to take time off for serious health conditions or family emergencies without losing your job.
Worker’s compensation laws provide benefits if you’re injured on the job, while unemployment insurance helps bridge income gaps if you lose your job through no fault of your own. These laws work together to create basic workplace fairness and security.
Employment law matters because it levels the playing field between you and your employer. Without these protections, employers would have nearly unlimited power to set wages, working conditions, and treatment standards—often to your disadvantage.
These laws ensure you can work with dignity, receive fair compensation, and have legal recourse when problems arise. They protect not just individual workers but contribute to economic stability by ensuring fair competition among employers and maintaining consumer purchasing power.
Employment law also promotes social justice by prohibiting discrimination and harassment, helping create workplaces where everyone has equal opportunities to succeed based on their qualifications and performance rather than irrelevant personal characteristics.
Legally, work includes any time you’re required to be on duty, at your workplace, or at a prescribed location while performing activities that benefit your employer. This includes not just your scheduled hours, but also mandatory training, travel time between job sites, and preparation time required before your shift.
Time spent on call may be considered work time if you’re significantly restricted in how you can use that time. Even brief tasks like answering work emails or phone calls outside normal hours can qualify as compensable work time.
The key test is whether the time primarily benefits your employer versus you personally. If your employer requires, requests, or even just knows about work being performed, you’re generally entitled to compensation for that time.
You’re considered an employee when your employer has the right to control how, when, and where you perform your work. This goes beyond job titles or what your contract says—courts look at the actual working relationship to make this determination.
Key factors include whether you use the company’s tools and equipment, work set hours at a designated location, receive training from the company, and have your work integrated into the business operations. If you work exclusively or primarily for one company and they direct the details of your work, you’re likely an employee.
The employee classification is crucial because it determines your access to minimum wage, overtime, unemployment benefits, worker’s compensation, and anti-discrimination protections. Many employers try to misclassify workers as independent contractors to avoid these obligations, but the legal test focuses on the reality of the work relationship, not the employer’s preference.