Matthew L. Berman
Employment, class action and civil rights lawyer

Knowledge Base

Legal rights knowledge base

Guides to the parts of New York employment law that workers most often have to navigate alone, written in plain language. Every decision cited is here in full, with its complete citation and a free PDF carrying official reporter page numbers, so you can read the rule for yourself and quote it the way a court does.

The guides

New York Sales Commissions Law
When a commission is earned, what a plan can and cannot take away, what happens to deals that close after you leave, and what you can recover. Split into separate tracks for W-2 employees and 1099 independent reps, because the statutes, the deadlines and the remedies are different.
New York Severance Agreements
What you give up when you sign, which claims cannot be released no matter what the paper says, how the 21-day and 7-day clocks work, whether severance costs you unemployment benefits, and which terms employers actually change when asked. Short answers: How long do I have to sign?, What changes if I am 40 or older?, What claims can’t I give up?, Is the confidentiality clause enforceable?, Can it stop me from working for a competitor?, Does severance affect unemployment?, Am I signing away a WARN Act claim?, Can I negotiate?.
Working with a Medical Condition in New York
How the federal, New York State and New York City laws on disability, accommodation, medical leave, pregnancy and family care fit together: which employers each law covers, how to ask for an accommodation, how the leave laws stack, and the deadlines. In depth: How do I ask for a reasonable accommodation?, Is my condition a “disability”?, Can I take time off for my own condition?, Can I be fired because of my condition?, What if I can’t do an essential part of my job?, Pregnancy and work, Caring for a family member, Do I have to tell my employer? and Will applying for benefits hurt my case?
Working in New York City: Your Rights Under the NYC Human Rights Law
Who the City law covers, why it is broader than State and federal law, the “treated less well” standard, the protections only New York City has (caregiver status, credit and salary history, pay ranges in job ads, criminal records, height and weight), accommodation and the cooperative dialogue, retaliation, who is responsible, what you can recover and the deadlines. Short answers: Does the City law cover my employer?, Does harassment have to be severe or pervasive?, Can my boss be personally liable?, Freelancers, contractors and interns, Retaliation, The cooperative dialogue, Salary history and credit checks, Criminal records and the Fair Chance Act, Pay ranges in job ads, Deadlines: court or Commission?. For lawyers: the open questions.
Employment Rights for Manhattan Workers
Which courts hear a Manhattan case, where First Department law differs from Brooklyn and Queens, the City law and its deadlines, and where to start.
Employment Rights for Brooklyn Workers
Which courts hear a Brooklyn case, where Second Department law differs from Manhattan’s, the City law and its deadlines, and where to start.
Employment Rights for Queens Workers
Which courts hear a Queens case, where Second Department law differs from Manhattan’s, the City law and its deadlines, and where to start.
Employment Rights for Nassau County Workers
Which courts hear a Nassau case, Second Department law, the State Human Rights Law outside the City, the Nassau County Commission on Human Rights, county pay floors and the deadlines.
Employment Rights for Suffolk County Workers
Which courts hear a Suffolk case, Second Department law, the State Human Rights Law outside the City, the Suffolk County Human Rights Commission, county pay floors and the deadlines.
Employment Rights for Financial Advisors and Registered Representatives
Where a dispute with a brokerage firm is heard, your Form U5, bonuses, commissions and deferred pay, leaving for another firm, and whistleblower protections. Short answer: Do I have to arbitrate my dispute with my brokerage firm?
Leaving a Job with Unpaid Commission, Bonus or Equity
For executives and high earners: which bonuses are wages, when deferred pay can be forfeited for competing, how equity buybacks are enforced, and what to check before signing a severance agreement.

Articles and notes for lawyers

Articles
Shorter pieces on new decisions, new laws and the questions that come up in my cases, newest first.
Notes for lawyers
The parts of the knowledge base written for counsel: the open questions, the arguments each way, and where I come out.

The underlying authority

The case library
Every decision cited anywhere in the knowledge base, with a plain-language summary and who won. Most are in full text, with a free PDF marked with official reporter page numbers for citation; the rest link to the court’s own copy.
The statutes
Every New York and federal provision behind the guides, with what each one requires and a link to the section of the guide that uses it.
Employment claim deadlines
The general filing periods for discrimination, wage, retaliation, leave and layoff claims in New York, in one place, and the reasons your own deadline may differ.
Which court decides my case?
New York’s appellate departments do not always agree, so the same question can have different answers in different parts of the state. Look up any county to find its department and its federal district, and see why you may have a choice of where to file.

Why the full text is here

Most of the decisions that settle these questions sit behind a subscription paywall, so a worker trying to check their own rights hits that paywall at the first citation. Court opinions are public records. Everything cited in these guides is published here from a free official source, with the reporter’s own page numbers marked, and the source of the text is stated on every page.

These pages are general information about New York and federal law. They are not legal advice, and reading them does not create an attorney-client relationship. Dollar figures, deadlines and pending legislation change. If a deadline may be close, speak with a lawyer now.