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Practice Areas For Employees

Sexual Harassment

Lipman & Plesur, LLP is extremely proud of the fact that we have handled several of the largest sexual harassment class actions in New York State and have represented many hundreds of individuals with respect to their sexual harassment claims as well. We understand the issues involved and are here to help. We know how to make an impact in this area and we do what it takes to obtain the fair and just financial remedies our clients deserve.

We have obtained large monetary settlements for many sexual harassment victims. We know how to put the facts together, strategize, litigate and do what it takes to obtain the most favorable results for our clients. We have resolved claims through negotiation and mediation, and we are experienced in pursuing claims in federal and state courts. We recognize that witnesses are often the key to a successful litigation, so we have an investigator on staff to help.

We are considered innovators in this area of the law and have been able to achieve just results for clients in many different professions and workplaces. From car dealerships to investment banks, we take sexual harassment seriously and get results for our clients.

Sexual Orientation

Lipman & Plesur, LLP has proudly represented many gay and lesbian clients in issues including workplace harassment, contract issues and other employment related claims. Liz Schalet, a partner at Lipman & Plesur, LLP, helped draft the sexual orientation anti-discrimination law in NYC and establish the first domestic partnership registry and benefits program for NYC employees.

We seek to promote justice and equality for lesbians, gay men, bisexuals and transgenders in all professions and workplaces. We know this area of the law well and are concerned about you and your claims.

Discrimination

Whether you have been discriminated against on the basis of your sex, sexual orientation, age, race, disability, religion, color, national origin, ancestry, veteran status, marital status, genetic issues, obligation to serve in United States Armed Forces, or any other protected classification, Lipman & Plesur, LLP will fight hard for your rights.

At Lipman & Plesur, LLP, we attack all areas of employment discrimination with the emphasis and urgency that such violations of the law mandate. We have handled a myriad of discrimination claims under federal, state, county and city laws. We advocate for early resolution of disputes through negotiations and mediations. We are known to paint a realistic picture of the case at our first meeting.

Employment Contracts / Restrictive Covenants

Lipman & Plesur, LLP reviews and negotiates thousands of employment contracts, ranging from multi-million dollar deals to basic agreements. Bob Lipman, a partner at Lipman & Plesur has negotiated some of the largest employment contracts and exit packages on Wall Street. We have also negotiated employment contracts for high level executives at major corporations and at startups.

Restrictive covenants, including non-compete and non-solicit agreements, are often requested by employers. Depending on your circumstances, they may or may not be enforceable. In any event, Lipman & Plesur will negotiate the agreements' terms and attempt to get you the best arrangement practicable. David Robins, a partner at our firm, has handled some of the most interesting restrictive covenant cases in the state.

Severance Packages

We understand the unique legal issues and circumstances that executive and senior level management employees face, from contract law issues to bonus disputes to "whistleblower" statutes. Each career move you make, whether internally at your present workplace or when exiting and moving to a new organization, represents a potential opportunity for you. Transitions can bring positive change, but there is always the possibility that you are losing out on or missing an important and potentially substantial benefit. It is critical for you to explore each and every avenue as you leave one employment position for another.

It may be important and worthwhile to consult with an attorney with experience handling exit situations to negotiate with your employer and bring you the best possible package. Lipman & Plesur, LLP can provide the insight and evaluation you may need.

Overtime Pay

The Department of Labor estimates that over 70% of all places of employment in the United States are not operating in compliance with the Fair Labor Standards Act. As a result, many employees are not properly compensated for their well-deserved and hard-earned overtime pay. Employees are often misclassified as exempt from overtime pay, or simply not paid for all hours actually worked. Lipman & Plesur, LLP can evaluate your case and, if you have earned pay that you have not received, fight for your wages.

Pay policies generally apply uniformly to all similarly situated employees within an organization. If one employee is unlawfully denied overtime pay, it is likely that similarly situated co-workers are as well. Strength is often found in numbers, and it may be advantageous to bring a case on behalf of a group of similarly situated employees. We have prosecuted complex federal and state law class actions that have recovered millions of dollars for workers entitled to overtime pay. This area of the law is extremely complex. Please call us if you have worked more than 40 hours a week and think you are entitled to unpaid overtime compensation.

Wage-Hour Violations

Lipman & Plesur, LLP has handled some of the largest wage-hour violation cases in New York, and we know that wage hour violations can happen in most working environments. Employers cannot deduct money from your wages unless it is for your benefit. Management staff cannot share in the tip pool or distribute tips to ineligible back of the house employees. Employers have to give you a wage notice that tells you what you will be paid. Contact us if you have any questions about your wage-hour rights.

The Top Ten Reasons For Overtime Pay Lawsuits Under The Fair Labor Standards Act (FLSA)

  1. Employees work "off-the-clock." Employees put in extra time before or after scheduled shifts tending to their duties or attend meetings without being paid for that time.
  2. Employees work "on-the-clock," but are not paid for all of their work time. This often occurs where work time is unlawfully rounded to conform to the scheduled shift. The law requires every hour actually worked to be recorded and paid.
  3. Workers are misclassified as exempt from overtime pay requirements.
  4. Employees are not paid for breaks lasting 20 minutes or less.
  5. Employees work through lunch without pay.
  6. Employees entitled to overtime pay are misclassified as independent contractors and denied overtime pay.
  7. Shift differentials, commissions, bonus payments and other payments are not correctly included in overtime pay calculations.
  8. "Volunteers" and "interns" are not paid as required by law.
  9. Employees are not compensated for required training time.
  10. Employees can file a collective action under the FLSA or a class action under state law.
Whistleblowers

If you have or want to report evidence of fraud on the government, banks or shareholders, there are laws that may entitle you to a substantial award.

Similarly, you may be protected if you blow the whistle on health or safety issues. This area of the law is complex, and fast evolving. If you have a question, please call one of our employment lawyers to learn more.

Retaliation

Many people are surprised to learn that the most common charge at the Equal Employment Opportunity Commission (EEOC) is unlawful retaliation. Employees who complain about discrimination, or participate in an investigation of unlawful discriminatory harassment or discrimination, are often retaliated against. Employees who complain about, or participate in an investigation of, unlawful pay practices are also often retaliated against. Such retaliatory actions are unlawful.

We can assist you with complaining about unlawful retaliation and pursuing your rights to remedy any unlawful conduct, or helping to ensure that you are not retaliated against for reporting potentially unlawful conduct.

For Employees

Management Practice

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