Employment Related Administrative Proceedings
Whether it is a wage and hour claim pending in the federal or State Department of Labor, or a discrimination claim pending in the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC), our attorneys are able to help you maneuver the agency hurdles.
Our attorneys know what is necessary to obtain a “no probable cause” determination from the EEOC or the New York State Division of Human Rights, having handled hundreds of claims before those two agencies.
Similarly, we know how to help during the labor department audit, or when the news after the audit is bad.
In one case, for example, a business was represented by another attorney during a New York State Labor Department proceeding, in which a former employee sought payment of a large commission. When the Labor Department ordered the business its owners to pay $150,000 in unpaid commissions and penalties, the business terminated its former attorney, and hired our firm. We were able to persuade the Labor Department to drop the entire $150,000 claim.
In another case, the New York State Labor Department announced to an unrepresented business that it was seeking $170,000 in overtime and other wage payments, and if the matter was not settled, it would tack on 16% interest and 100% additional liquidated damages. The client hired this firm, and we recently were able to negotiate an $83,000 payment, with no interest or liquidated damages.
Every case is different and facts often dictate the results, but it helps to have counsel by your side who is familiar with the administrative agency and its procedure. We cannot promise you the same results achieved in these cases, but you can feel confident that you have experienced counsel, who can help to guide you through the process.
For further information about the employment law services at Abrams Fensterman, please contact our law firm in Long Island at 516-328-2300, New York City at 212-279-9200, Brooklyn at 718-215-5300 or Rochester, New York, at 585-218-9999, to schedule an initial consultation.
Sharon P. Stiller
Rachel Demarest Gold