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Charles Joseph
  • Employment Law
  • New York
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Summary

Charles Joseph founded Joseph & Kirschenbaum LLP in 1997, after graduating from the NYU School of Law in 1990 and working for a large Wall Street firm. Joseph & Kirschenbaum is a boutique firm of five attorneys dedicated to helping employees win workers' rights claims. The firm relentlessly advocates for victims of illegal employment practices, with a track record of impressive legal victories. Joseph & Kirschenbaum is considered one of the leading plaintiff's employment firms in New York City.

Charles Joseph's team has recovered more than $120,000,000 for victims of employer wrongdoing, including wage theft, sexual harassment and employment discrimination.

Practice Area
  • Employment Law
Additional Practice Areas
  • Discrimation Law
  • Sexual Harassment
  • Whistleblower law
Fees
  • Free Consultation
  • Contingent Fees
    You pay nothing unless we are successful.
Jurisdictions Admitted to Practice
New York
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District of Columbia Court of Appeals
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U.S. District Court, Eastern Districts of New York
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U.S. District Court, Northern Districts of New York
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U.S. District Court, Southern Districts of New York
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Professional Experience
Joseph & Kirschenbaum LLP
Current
Education
New York University
J.D.
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Professional Associations
New York State Bar # 2434991
Member
Current
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New York City Bar Association
Member
Current
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National Employment Lawyers Association
Member
Current
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Publications
Articles & Publications
A Lawyer’s Take: What Is Age Discrimination Anyway?
Top Resume
Websites & Blogs
Website
NYC Employment Attorney
Website
Client Reviews
Website
NYC Sexual Harassment Attorney
Blog
Employment Law Blog
Legal Answers
21 Questions Answered

Q. Can a business owner of a restaurant require their servers to engage in minimum wage work responsibilities
A: Restaurant employers are allowed to pay servers less than minimum wage if the servers’ wages plus their tips add up to at least the minimum wage for each hour worked. This is called a “tip credit.” However, if a server performs non-tipped work for more than 2 hours OR more than 20% of their shift, whichever is less, the employer cannot take the tip credit for any hours the server worked that day. You can read more about the legal protections for tipped employees at https://www.workingnowandthen.com/new-york-wage-theft/new-york-tips/ This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. is it legal to have mandatory event that requires employees to work for little to no pay.
A: If the mandatory event takes place outside of your normal working hours and you are non-exempt employee who is paid by the hour, your employer must pay you for that time. If you have already worked 40 hours during the normal workweek, then you must be paid time and a half for the overtime. However, if you are a salaried employee, the employer probably does not have to pay you for this time. If you believe your employer has violated the wage hour laws, you should discuss your situation with an experienced employment attorney as soon as possible. You can read more about some of the common forms of wage theft at https://www.workingnowandthen.com/new-york-wage-theft/ This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. What effect could cases like Arlene’s Flowers v Washington, if successful, have on employment anti discrimination laws?
A: Arlene’s Flowers v. State of Washington is a collection of cases. They all are based on a gay couple who tried to order flowers for their wedding. The florist refused to provide floral arrangements for a same-sex wedding because of her Christian beliefs. The couple, with the help of the ACLU, sued Arlene’s Flowers pursuant to Washington’s anti-discrimination laws. In a second case, Washington’s state Attorney General sued the florist in order to uphold the state’s Consumer Protection Act. The court rule against Arlene’s Flowers, finding the flower shop had violated the state’s anti-discrimination laws and the Consumer Protection Act. The florist appealed the decision, arguing, in part, that her First Amendment rights to free speech and religious freedom were being violated. Washington’s highest court rejected her arguments and affirmed the lower court ruling. The florist then sought and was granted certiorari by the Supreme Court. However, SCOTUS never reached the merits of the florist’s constitutional arguments. Instead, it remanded the case on a procedural issue. In any event, Arlene’s Flowers probably has little or no effect on employment anti-discrimination laws – even in Washington state. While Title VII – the federal employment anti-discrimination law – does not expressly list sexual orientation as a protected characteristic, the EEOC and the courts have found that it is included within the prohibition of sex discrimination. Moreover, many state laws, including New York’s, specifically include sexual orientation as a protected characteristic. While employers have raised the religious freedom argument in an attempt to avoid employment anti-discrimination laws, most of those arguments have failed. You can read more about the legal protections for LGBTQ employees in New York at https://www.workingnowandthen.com/new-york-discrimination/new-york-lgbt-discrimination/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. what does it means? Did plaintiff got any money?
A: All this says is that the all parties in this action stipulated (agreed) that the case should be dismissed. That it was dismissed with prejudice means the plaintiff cannot refile this case. The reasons the parties agreed to dismiss the case could have been the result of a settlement and the settlement could have included some sort of payment to the plaintiff, but you cannot get those details from this order. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Can a business withold an employee's earnings?
A: Your employer is not allowed to make deductions from your paycheck unless it is required by law, such as income taxes or Social Security taxes, or it is for your benefit, such as health insurance, pension contributions, or discounted parking passes. Otherwise, your employer must have your agreement in writing before taking deductions from your wages. Your employer cannot legally withhold your paycheck until you give them permission to make the deductions. However, if you refuse, your employer would be within its rights to terminate you. You can read more about the wage-hour laws that protect employees at https://www.workingnowandthen.com/new-york-wage-theft/new-york-tips/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Does New York City's mandatory sick leave apply retroactively during you employment?
A: The short answer to your question is no. Under NYC’s Paid Safe and Sick Leave Law, employees of eligible employers can start using accrued sick leave 120 days after the start of their employment. Employees accrue sick leave at the rate of one hour for every 30 hours worked, up to a maximum of 40 hours of sick leave per calendar year. (Different rules apply for domestic workers.) Sick leave is accrued even during initial probationary periods. After 120 days, employees can use their sick leave as it is accrued. There is no provision for reimbursing employees who must take sick leave before they have accrued the time or before the 120 days have elapsed. You can read more about the family and medical leave at https://www.workingnowandthen.com/new-york-fmla-nyspfl/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?
A: New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason. Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden to prove that was the reason. It is not enough that you believe or feel that was the reason. If, as you say, your employer terminated you because it believed lies told by your co-worker that you caused harm to another employee, that would be a non-discriminatory reason for your termination, making it difficult for you to bring an action against your employer for discrimination. However, employment law is very fact specific. If you believe your employer acted illegally, you should speak to an experienced employment attorney in your area to discuss the details of your particular situation. You can read more about the laws that protect employees at https://www.workingnowandthen.com/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Can my job fire me for being pregnant with health issues?
A: It is illegal for your employer to take any adverse employment action against you based on your pregnancy or in retaliation for your request for leave under FMLA. If you work in New York City, unwarranted negative performance reviews may constitute an adverse employment action. Employment law is very fact-specific. You should speak to an experienced employment attorney as soon as possible about your particular situation. You can read more about the laws that protect you from pregnancy discrimination at https://www.workingnowandthen.com/new-york-discrimination/new-york-pregnancy-discrimination/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?
A: Sexual harassment includes all unwelcome sexual advances or behaviors in the workplace, even when you are not yet an employee of that company. If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a claim. Under federal and state law, the conduct must be pervasive or severe. However, New York City has a lower standard and the behavior only has to be more than a “petty slight.” If you believe you experienced sexual harassment during a job interview, you should contact an experienced employment attorney. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
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Joseph & Kirschenbaum LLP
32 Broadway
Suite 601
New York, NY 10004
USA
Telephone: (212) 651-4238