Employment Law Attorney in NYC

NYC Employer Defense Attorneys for Employment Litigation Defense Cases

Rodriguez Law is the premier law firm representing businesses in high-stakes, complex matters in New York, including minimum wage violations and unpaid overtime, all forms of discrimination (racial, gender, disability, sexual orientation), sexual harassment and misconduct in the workplace, retaliation, and violations of the Americans with Disabilities Act.

Minimum Wage & Overtime

Wage and hour litigation is the fastest growing and now the most common source of high-stakes, employment-related liability facing employers today. We represent businesses and employers in disputes involving minimum wage violations, unpaid overtime, tip misappropriation, and employee misclassification, in federal and state courts, before the U.S. and New York Department and Labor, and in arbitrations.

Discrimination

We represent businesses, employers, and employees in discrimination disputes on the basis of age, sex, race, sexual orientation, marital status, disability, and a number of other protected categories, in federal and state courts, as well as the New York State and New York City Commission of Human Rights Law.

Sexual Harrasment (Workplace)

We represent businesses defending and employees bringing sexual harassment claims in the workplace in federal and state courts, the Equal Employment Opportunity Commission, the New York State and New York City Commissions of Human Rights, and arbitrations. The Firm also conducts workplace investigations into sexual harassment complaints and represents clients who are being investigated for sexual harassment and misconduct in the workplace.

Americans With Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. We represent businesses defending and employees bringing ADA claims in the workplace in federal and state courts, the New York State and New York City Commissions of Human Rights, and arbitrations.

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Representative Matters

FLSA Minimum Wage, Overtime, and Tip Claims Against Restaurant By Twelve Current and Former Employees Dismissed With Prejudice

Class and collective action brought in federal court under the Fair Labor Standards Act by 12 current and former employees of our client, an owner of two restaurants in Manhattan, alleging that the restaurants and their operators withheld overtime pay, minimum wages, and tips, was dismissed with prejudice in finding that plaintiffs had failed to adequately plead violations of the FLSA recent 2nd Circuit decisions. Moreover, the tip appropriation claims under New York Labor Law were dismissed because plaintiffs could not allege that they were eligible to receive tips. Finally, plaintiffs’ FLSA claims were also dismissed because they were time-barred by the Statute of Limitations and because most plaintiffs lacked standing to sue since they did not adequately allege that defendants were their employer.

FLSA Minimum Wage and Overtime Claims By Two Former Employees of Hardware Store Dismissed Twice Without Prejudice, Resulting in Favorable Settlement

Class and collective action brought in federal court under the Fair Labor Standards Act by 2 former employees of our client, a hardware store in Manhattan, alleging minimum wage and overtime violations was dismissed twice by Judge Paul Crotty in the Southern District of New York after granting our motions to dismiss. The judge granted the first motion to dismiss without prejudice with respect to both individual defendants which argued that plaintiffs had failed to adequately allege that defendants were their employers, and that the Complaint lacked sufficient specificity regarding plaintiffs’ minimum wage and overtime claims. Plaintiffs were forced to amend their Complaint, leading to our second motion to dismiss on the same grounds. Judge Crotty dismissed one individual defendant with prejudice and denied the motion on the other defendant. Defendants entered into a favorable settlement shortly thereafter prior to discovery.

Court Judicially Approves Settlement for Nuisance Value
After conducting a review of the merits of the claims and defenses and reviewing the basis for the settlement terms during a hearing, as well as requested documentation, the Court found that the settlement reflected a reasonable compromise of disputed issues rather than a mere waiver of statutory rights brought about by an employer’s overreaching and dismissed the action with prejudice.