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Any business with employees is expected to adhere to a network of state, federal, and local laws that cover everything from hiring decisions to compensation practices. Unfortunately, many small businesses unknowingly violate employment law standards, opening themselves up to lawsuits and severe financial penalties from the government. Below are answers to a few common questions business owners often have about employment law.

An Overview of Employment Law

1. What Is a “Protected Class”?

employment lawFederal law prohibits employers from making hiring, firing, and promotion decisions based on race, ethnicity, country of origin, religion, or marital status. Many states, such as New York, extend protection to a variety of other classes, including sexual orientation, gender expression, and most criminal convictions.

2. What Situations Might Lead to a Discrimination Lawsuit?

While many discrimination suits are related to hiring decisions, many other situations may lead to legal action. For instance, if an employee can show that they were passed up for a promotion because of their membership in a protected class, they may have grounds for a lawsuit. In New York, employees can also take action if members of the opposite sex are paid more for the same work.

3. How Can an Employment Law Attorney Help?

If an employee has filed a complaint against your organization, an employment law attorney can represent your interests, argue your case in court, and negotiate with the other party to achieve a fair resolution. Most importantly, a lawyer can also review your employee handbook and offer advice on company policies to help you stay compliant with the law and avoid these situations in the first place.


 

As one of the oldest law firms in the Hudson Valley, MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY, has been advising business owners and resolving disputes since 1885. Their legal team helps public agencies and private employers navigate the complexities of civil rights claims, wage disputes, and a broad array of other difficult situations. Visit their website to learn more about their employment law services or call (845) 343-3000 to schedule a consultation with an attorney.

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