Wash the Hate
New York Employment Law Attorneys Supporting Social Justice
The novel coronavirus (COVID-19), has directly and indirectly affected millions of people worldwide. But because it originated in Wuhan, China, in December of 2019, people of Asian descent have been targeted and blamed for its spread. Crimes and other forms of unjust treatment against these individuals have risen. This is unacceptable and must cease. Harm, such as violent acts against people and words spewed in anger, can cause physical injuries, mental distress, and, in some cases, even death.
At Nisar Law Group, P.C., we do not tolerate the differential and hostile treatment of members of the Asian community. When such actions occur at a person’s place of employment, it impacts their livelihood. Our New York employment law attorneys fight hard against any type of discrimination or unfair treatment that happens within the workplace. If you are of Asian descent and have been subjected to abuse, harassment, or other forms of bullying at work, turn to our team for help taking legal action. Employers that allow this type of conduct to continue can and should be held accountable, and we will do everything in our legal power to build a solid strategy on your behalf to seek the justice you deserve.
For the legal representation you need, call us at (212) 600-9534 or contact us online today.
We Proudly Support the #WashTheHate Campaign
The COVID-19 pandemic has brought about unprecedented times. Many people have been impacted either by the virus itself or by the devastation it has caused, such as by the loss of a job. Because of the uncertainty of these times, fear and anger are heightened. However, under no circumstances should anyone try to alleviate their fears by lashing out against people they believe are associated with the virus because of their national origin. Right now, more than ever, we need to unite to fight the disease and slow its spread, not divide ourselves further.
The #WashTheHate campaign’s goal is to raise awareness of the coronavirus-related hostility people of Asian descent have faced. The campaign involves individuals posting videos of themselves washing their hands for 20 seconds while talking about how the coronavirus has personally impacted them and their communities.
Health experts have said that one of the ways to prevent the spread of COVID-19 is by frequent handwashing. Thus, the campaign promotes safe practices while also encouraging people to “wash the hate” by hearing the stories of others.
Racism Is a Virus
Discriminating against and targeting a person or group of people because of their perceived or actual membership in a particular ethnic group is racism. And it is never okay. It is a virus that invades and destroys us.
Like a virus, racism spreads. And it does so as people share incorrect views about particular groups, and it is up to us to stop it.
In the U.S., racism is a systemic issue that has deep roots. As it pervades our communities and workplaces, it creates inequities that affect people’s quality of life. Racist ideas taken into the workplace can lead to discriminatory acts and hostile work environments.
To combat racism’s proliferation, we must expose, address, and rectify racist behavior. Employees need to know that race and nationality discrimination in the workplace is unlawful and legal action can be taken to hold employers accountable.
Standing Up for Members of the Asian Community
If you have been mistreated at work because of your race, our New York employment law attorneys are here to help you file a claim against your employer. We believe everyone deserves equal treatment, and we fight hard to address workplace issues.
Schedule a consultation by calling (212) 600-9534 or contacting us online today.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
- Providing Representation with Clarity, Honesty & Integrity
- Building Long-Term Affiliations & Relationships
- Offering Consultations for All Case Types We Handle
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.
