In addition, it is illegal to retaliate against an employee for engaging in a “legally protected activity.” One such protected activity is complaining to a supervisor about what the employee believes to be unlawful discrimination. This is protected if the employee believes in good faith that he/she was treated unlawfully, even if this belief was mistaken. Another protected activity is filing a charge of discrimination with the U.S. Equal Employment Commission, the New York State Division of Human Rights, or some other governmental agency. There are many other protected activities, such as bringing attention to the illegal treatment of a co-worker.
Employment law also includes the wage and hour rules of New York State and the federal government, the laws and regulations of the National Labor Relations Board, the rules and procedures that apply to persons applying for unemployment compensation and disability insurance, and many other topics.
This description barely scratches the surface of the complex nature of employment law. Moreover, employment law is constantly changing – even more rapidly than any other area of legal practice.
The complicated and fluid nature of employment law makes it essential that both employees and employers seek competent legal advice before making decisions that may land them in court—or out of work.