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# Menken Simpson & Rozger: NYC Employment Law Firm

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## Posts
- [Bruce Menken and Scott Simpson Named Top 500 Leading Civil Rights & Plaintiff Employment Lawyers](https://nyemployeelaw.com/bruce-menken-and-scott-simpson-named-top-500-leading-civil-rights-plaintiff-employment-lawyers/): MSR is proud to announce that, for the third consecutive year, partners Scott Simpson and Bruce Menken were named to this year’s Lawdragon “500 Leading Employment & Civil Rights Lawyers” list. This guide highlights members of the legal profession who are at the top of their field, including lawyers who “make it their life’s work to stand up for others who are denied equal treatment, fired, harassed or marginalized in their jobs.” Inclusion in this list acknowledges MSR’s significant achievements in cases involving discrimination, wage theft, whistleblower, and other individual employment claims.
- [MSR in the News](https://nyemployeelaw.com/msr-in-the-news/): Not only does MSR represent employees - from high level executives to those in the trades – the firm also represents Judges and Government employees.  Retained by a female Peekskill, New York (City Court) Judge who was subjected to harassment and mistreatment by her colleague, Judge Reginald J. Johnson, MSR senior partner Bruce Menken traveled to Peekskill, interviewed and took statements from witnesses and then submitted an extensive report to the NYS Commission on Judicial Conduct seeking the discipline or removal of Judge Johnson.
- [A Major Appellate Victory for NJ Workers](https://nyemployeelaw.com/a-major-appellate-victory-for-nj-workers/): On February 26, 2024, a New Jersey Appeals Court affirmed a lower court ruling that an arbitration clause which would have prevented our clients from pursuing their class action wage claims in Court is unenforceable and contrary to New Jersey public policy. The employers in this case used a New York choice of law clause—which would have likely rendered the arbitration clause enforceable—to circumvent New Jersey’s more stringent requirement that a waiver of rights provision between parties with asymmetric bargaining power must explicitly state the rights that are being waived. The Court wrote: “e conclude the arbitration agreements here are unenforceable because they fail to adequately ‘explain that the plaintiff giving up right to bring claims in court or have a jury resolve the dispute,’ as required by Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430, 447 (2014),” later adding, “Protecting individuals' rights to sue and to a jury trial, and ensuring any waiver of those rights is knowing, intelligent, and voluntary are unquestionably fundamental policies of New Jersey. Contrary to New Jersey law in this respect, New York law does not specifically require an arbitration clause explain that agreement thereto involves waiving the right to a jury trial, and defendants have cited no precedent to the contrary. Therefore, we are satisfied application of New York law in this circumstance would be contrary to a fundamental policy of New Jersey and accordingly apply New Jersey law.”
- [MSR’s $4.9m Home Attendant Wage Theft Settlement Approved](https://nyemployeelaw.com/judge-approves-msrs-49m-wage-theft-settlement/): After 12 years of hard fought litigation, including a trip to the New York State Court of Appeals (the state’s highest court), MSR is thrilled to announce that the settlement in Andryeyeva v. New York Health Care, Inc., Index No. 14309/2011 (Kings County), was approved this morning by the Honorable Larry D. Martin, Justice of the Supreme Court. The settlement will provide compensation to nearly 3,000 home attendants who were deprived of their lawful wages despite performing the important, difficult, and thankless work of caring for the elderly and infirm. The case was litigated from start to finish by MSR Partner Jason Rozger, who is a leading litigator and champion of home attendants throughout New York.
- [MSR Files Wage Theft Suit On Behalf of Broadway Bartenders](https://nyemployeelaw.com/broadwaybartenders/): Information about MSR’s lawsuit on behalf of Broadway Bartenders.
- [MSR Files Prevailing Wage Lawsuit in Illinois](https://nyemployeelaw.com/prevailingwagelawsuit2023/): Menken Simpson & Rozger continues to fight on behalf of trades people who are not paid prevailing wages and supplemental benefits by their employer.
- [MSR Attorneys Named to 2023 Lawdragon “500 Leading Civil Rights & Plaintiff Employment Lawyers in America” Guide](https://nyemployeelaw.com/lawdragon/): MSR is proud to announce that partners Scott Simpson and Bruce Menken were named to this year’s Lawdragon “500 Leading Employment & Civil Rights Lawyers” list. This guide highlights members of the legal profession who are at the top of their field, including lawyers who “make it their life’s work to stand up for others who are denied equal treatment, fired, harassed or marginalized in their jobs.” Inclusion in this list acknowledges MSR’s significant achievements in cases involving discrimination, wage theft, whistleblower, and other individual employment claims.
- [Combatting Pregnancy and Caregiver Discrimination](https://nyemployeelaw.com/combatting-pregnancy-and-caregiver-discrimination/): For too many pregnant women and parents, the journey to parenthood is tainted by the constant fear that their employer will suddenly consider them persona non grata. Most people know somebody who has been marginalized, demoted or even fired because their employer saw their family obligations as a burden. Menken Simpson & Rozger LLP has successfully represented countless pregnant workers, parents and other caregivers who have faced discrimination in the workplace. Most recently, MSR filed a pregnancy, familial status and caregiver discrimination lawsuit against the Barrow Street Nursery School. As alleged in the complaint, our client was a beloved assistant teacher at the school for nearly decade. When she announced that she was pregnant and intended to raise her child as a single mother, she was promptly demoted. Then, while on leave, her employment was terminated. Read the complaint here. The case is being litigated by Scott Simpson.
- [MSR Scores Key Legal Victory for Workers](https://nyemployeelaw.com/arbitrationwin/): On June 27, a Bergen County, New Jersey Superior Court judge ruled that an arbitration clause which would have prevented our clients from pursuing their wage claims in Court is unenforceable and against New Jersey public policy. As the Court explained, the arbitration clause at issue is unenforceable because it “is devoid of any language that would put the plaintiffs, without extensive knowledge of arbitration, on notice that they were waiving their right to a jury trial or having their disputes settled in court by signing the agreement.” The Court further found the class-action waivers in plaintiffs’ contracts to be moot. Read the decision here.
- [MSR Associate Raya Saksouk to Present at Fab’s 2023 “Back to Business” Workshop](https://nyemployeelaw.com/rayafab/): MSR is thrilled to announce that associate Raya Saksouk will be a featured speaker at Fab’s 2023 “Back to Business” Workshop—a 3-day educational and inspirational workshop for women in the hospitality industry in Charleston, South Carolina. In addition to giving a solo presentation on non-competes in employment contracts, which will offer practical insight into the employer and employee perspectives, Raya will be moderating a panel on mental health and wellness and participating as a panelist in a discussion about the HR essentials of starting a new business.
- [Prevailing Wage Underpayment Lawsuit, $2.6M Settlement, Approved](https://nyemployeelaw.com/settlement-approved-in-prevailing-wage-case/): Prevailing wage underpayment lawsuit was approved on September 14 when Menken Simpson & Rozger LLP obtained court approval of a $2.6 million class action settlement. This was negotiated on behalf of Illinois employees of SimplexGrinnell (now known as Johnson Controls Fire Protection).  The prevailing wage underpayment lawsuit, reached after six years of hard-fought litigation, compensates those employees for unpaid prevailing wages for their work on fire alarm and sprinkler systems on public projects in Illinois.  In the lawsuit, MSR argued that Simplex could not rely on a 2001 private settlement with the Illinois Department of Labor to avoid paying prevailing wages at the appropriate rates for fire alarm and sprinkler work, and the Illinois court, after extensive briefing and argument, agreed. Jason Rozger led the firm’s litigation efforts with help from associates Brenna Rabinowitz, Raya F. Saksouk, as well as partner Bruce Menken. Local counsel David Lee in Chicago also represented the class.
- [Information on MSR’s Lawsuit Against Sprout Mortgage](https://nyemployeelaw.com/information-on-msrs-lawsuit-against-sprout-mortgage/): If you were affected by the recent shutdown of Sprout Mortgage, you should know that Menken Simpson & Rozger has filed a proposed class action lawsuit against the company and its CEO, Michael Strauss. The lawsuit alleges claims based on the company’s failure to pay employees for the three weeks of work prior to the shutdown, as well as failure to provide notice of the foreseeable closure under the federal and New York State WARN Acts. If you were affected by this closure and would like to get in touch with us, please send an email with your name and phone number to brabinowitz@nyemployeelaw.com. Read the filed complaint here.
- [SCOTUS Rules Certain Transportation Workers are Exempt from Arbitration](https://nyemployeelaw.com/scotus-rules-certain-transportation-workers-are-exempt-from-arbitration/): Many companies force their employees to sign arbitration agreements in the hope that an arbitrator will be less generous to an employee than a jury.  Worse, these arbitration agreements often require the employee to sign away their right to bring their case as a class action, which greatly reduces an employer’s chances of being held to account for widespread violations of the law, such as when an employer refuses to pay overtime to large groups of employees.  Past efforts to avoid these one-sided agreements have been thwarted by the Supreme Court, which has interpreted the Federal Arbitration Act (FAA) very broadly, allowing employers to immunize themselves from employment laws.    
- [Press Coverage of MSR’s Whistleblower Retaliation Lawsuit on Behalf of NYS Ethics Officer](https://nyemployeelaw.com/press-coverage-of-msrs-whistleblower-retaliation-lawsuit-on-behalf-of-nys-ethics-officer/): Today, the Albany Times-Union published a front page article about MSR’s retaliation lawsuit against New York State on behalf of a former ethics officer who was fired after she filed a complaint with her supervisor’s approval flagging unethical behavior. She is now seeking $700,000 in damages and reinstatement to her former position. The case is being litigated by founding partner Bruce Menken. Read the filed complaint here.
- [MSR Associate Raya Saksouk Presents on Disability Discrimination at NELA-NY Spring Conference](https://nyemployeelaw.com/msr-associate-raya-saksouk-presents-on-disability-discrimination-at-nela-ny-spring-conference/): On May 6, 2022, together with the National Employment Lawyers Association, New York chapter, MSR associate Raya Saksouk presented a webinar on disability discrimination in the age of COVID-19. Ms. Saksouk’s presentation focused on legal advocacy for reasonable accommodations in the workplace, including accommodations related to Long Covid, mental health disabilities, and vulnerability to serious illness from COVID-19 infection.
- [A Huge Win for Disabled Employees](https://nyemployeelaw.com/a-huge-win-for-disabled-employees/): On March 25, 2022, Menken Simpson & Rozger LLP secured another legal victory for discrimination plaintiffs – this time in Malzberg v. New York University, 19-cv-10048 (S.D.N.Y.), a disability discrimination case brought under the Americans with Disabilities Act and the New York City Human Rights Law. Our client, Larry Malzberg, worked as a physician’s assistant at NYU Langone Health for 18 years before he was unlawfully forced out of his job because of a back-related disability.  
- [A Victory for Victims of Race and National Origin Discrimination](https://nyemployeelaw.com/a-victory-for-victims-of-race-and-national-origin-discrimination/): Menken Simpson & Rozger LLP is pleased to announce a legal victory in Bautista v. Chanel, Inc., et al., 1:20-cv-04676-LGS (SDNY), a Title VII and New York City Human Rights Law case brought on behalf of a former makeup artist and sales associate at the flagship Saks Fifth Avenue Chanel boutique. In an opinion issued on February 8, 2022, Judge Lorna G. Schofield of the Southern District of New York ruled in favor of Plaintiff Miguel Bautista and denied Chanel’s motion for summary judgment, which sought to have the case dismissed in its entirety. The case will now proceed to a trial this summer.
- [Working Parents: You Have Rights](https://nyemployeelaw.com/working-parents-you-have-rights/): Arranging for childcare has never been more complicated than during the heights of the COVID-19 pandemic. In addition to childcare facilities closing down and schools switching back and forth between remote and in-person learning, the pandemic has forced many working parents to face “the difficult decision whether to send their vaccinated and/or below-vaccination age children to childcare in order to continue being employed.” See Tarantul v. New York City Health and Hosp., 159425/2020 (N.Y. Sup. Ct. Jan. 18, 2022).
- [New Whistleblower Protections for Employees in NY](https://nyemployeelaw.com/new-whistleblower-protects-for-employees-in-ny/): Until recently, New York State’s whistleblower law, Labor Law § 740, provided no protections to the vast majority of employees blew the whistle on unlawful behavior by their employers.  In other words, if you were fired for blowing the whistle on your employer’s financial fraud, scamming of customers, or failure to follow important regulations, you could not file a lawsuit under state law.
- [Educators, Reasonable Accommodations, and COVID](https://nyemployeelaw.com/educators-reasonable-accommodations-and-covid/): Teachers and professors returning to in-person instruction, particularly in areas of the country where COVID is running unchecked among the unvaccinated, face a difficult choice between returning to the classroom they love and protecting their health.  Since remote teaching was the norm in many places in the past year, educators particularly vulnerable to COVID because of some other health condition may wish to keep doing so, as a reasonable accommodation under the Americans with Disabilities Act (ADA) and similar state and local laws.  However, many schools, despite the EEOC’s guidance expressly permitting remote work where appropriate are resisting providing those accommodations.  This article https://www.chronicle.com/article/the-dystopian-delta-university (reg. required) details how one university routinely denies such accommodations and understates the risks of COVID transmission in the classroom, particularly where testing of students and mask compliance is spotty.  This is likely to be a systemic problem, as schools are eager to return to in-person learning, and may be reluctant to make any exceptions.  
- [NYT Highlights the Plight of Home Health Aides](https://nyemployeelaw.com/nyt-highlights-the-plight-of-home-health-aides/): The New York Times recently ran an article about the death a home care worker from Covid, spotlighting the difficult awful conditions those workers must endure every day for very little pay.  The employer the Times discussed, Americare, is one of the largest employers of home care workers, but their practices are far from unique.  The use of 24-hour shifts for  home care workers is widespread in the industry, and as alluded to by the Times, it is a fiction that any home care worker caring for a patient with dementia 24 hours a day will ever get the rest and meal breaks that the law requires. 
- [MSR Files Lawsuit on Behalf of LaserShip Delivery Drivers](https://nyemployeelaw.com/msr-files-lawsuit-on-behalf-of-lasership-delivery-drivers/): Menken Simpson & Rozger LLP has filed a class and collective action complaint on behalf of delivery drivers jointly employed by LaserShip, Inc., and its various subcontractors in the State of New York.  The complaint alleges that LaserShip, a “last-mile” courier company best known for its partnership with Amazon, purposefully misclassifies its delivery drivers as “independent contractors” to avoid paying them the minimum wage and overtime rates to which they are entitled under the Fair Labor Standards Act and the New York Labor Law. The complaint further alleges that, as a means of shielding itself from liability, LaserShip strategically recruits its drivers through “strawmen” subcontractors like named Defendant So Sure Transports, Inc.
- [Menken Simpson & Rozger LLP Continues its Fight for the Rights of Home Health Aides](https://nyemployeelaw.com/menken-simpson-amp-rozger-llp-continues-its-fight-for-the-rights-of-home-health-aides/): Partner Jason Rozger and associate Raya Saksouk recently filed a motion in New York Supreme Court, Kings County, asking the court to certify a class of home health aides (“HHA’s”) employed by Americare Certified Special Services, Inc., and Americare, Inc. Like many other HHA’s in the industry, including many represented by MSR, the plaintiffs in this case worked grueling 24-hour shifts caring for society’s most vulnerable. They regularly worked around the clock on little to no sleep, without so much as a meal break, and they did so without being paid for all hours worked.  
- [Jason Rozger and Brenna Rabinowitz to Present on Prevailing Wage Law on April 14](https://nyemployeelaw.com/jason-rozger-and-brenna-rabinowitz-to-present-on-prevailing-wage-law-on-april-14/): Menken Simpson & Rozger LLP partner Jason Rozger and senior associate Brenna Rabinowitz, together with representatives from the New York State Department of Labor and the New York City Comptroller's Office, will be presenting a webinar on the essentials of New York's prevailing wage laws on April 14, 2021 through The National Employment Lawyers Association (NELA/NY).  The program will cover the scope of work covered by prevailing wage laws as well as the practical techniques to know and pitfalls to avoid for attorneys litigating these cases. 
- [Bruce Menken Recognized by the National Employment Law Project](https://nyemployeelaw.com/bruce-menken-recognized-by-the-national-employment-law-project/): Menken Simpson & Rozger LLP partner Bruce Menken was recognized today by the National Employment Law Project for his firm’s generous cy pres award. Assisted by co-counsel, Mr. Menken obtained a $650,000 settlement on behalf of nearly 100 asbestos and hazardous material workers employed by NSC Abatement Services, a Mt. Vernon, NY asbestos testing and removal company.  The class of former and current NSC employees worked throughout the NY metropolitan area in challenging and dangerous conditions and were not paid their overtime and prevailing wages.
- [Brenna Rabinowitz Named Senior Associate](https://nyemployeelaw.com/brenna-rabinowitz-named-senior-associate/): Menken Simpson & Rozger is happy to announce that Brenna Rabinowitz has been promoted to Senior Associate. This promotion acknowledges Brenna’s excellent track record in providing a high level of client service since joining MSR’s predecessor firm in 2018. Brenna is a graduate of the University of Pennsylvania Carey Law School and concentrates her practice on serving clients with claims of discrimination, retaliation, sexual harassment, and wage-and-hour violations. We congratulate Brenna on taking this great step forward with the firm!
- [Menken Simpson & Rozger LLP](https://nyemployeelaw.com/menken-simpson-amp-rozger-llp-x5jke/): We are pleased to announce that Beranbaum Menken LLP is now Menken Simpson & Rozger LLP!  With the departure of John Beranbaum, we will be continuing the firm’s 23 years of success representing employees with the entire rest of our team intact. 
- [United States of America, ex rel. Joan Gallagher v. Intermune, Inc.](https://nyemployeelaw.com/united-states-of-america-ex-rel-joan-gallagher-v-intermune-inc-xrpgz/): Represented a sales rep who exposed drug manufacturer’s fraud selling a drug “off-label.” $42 million settlement.
- [Protecting the Rights of Essential Workers](https://nyemployeelaw.com/protecting-the-rights-of-essential-workers-yxt3g/): Today’s New York Times published an op-ed called The Invisible Essential Workers, calling attention to the many hardships homecare and nursing home workers suffer while caring for the elderly in this age of COVID. Among many painful stories caused by our country’s indifference toward the vulnerable, the article points out that New York homecare workers can be paid for only 13 hours of a 24 hour shift, “on the absurd assumption that she’s able to sleep and eat for the remaining hours.” This is indeed an absurd assumption, because the patients prescribed 24 hour care need care 24 hours a day.
- [Ramos, et al v. SimplexGrinnell LP](https://nyemployeelaw.com/united-states-of-america-ex-rel-joan-gallagher-v-intermune-inc-tkcxj-74bgk/): Represented a sales rep who exposed drug manufacturer’s fraud selling a drug “off-label.” $42 million settlement.
- [United States of America, ex rel. Richard Faden v. Young Adult Institute](https://nyemployeelaw.com/united-states-of-america-ex-rel-joan-gallagher-v-intermune-inc-b2j55-g8lzj/): Represented an executive who identified an illegal billing of the federal and state government for therapeutic services that were not provided. $18 million settlement was reached.
- [Live-in Nannies, Caretakers and Housekeepers: Know Your Rights](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog2020521live-in-nannies-caretakers-and-housekeepers-know-your-rightslive-in-nannies-caretakers-and-housekeepers-know-your-rightsa-y4jct/): I am a nanny, caretaker, or housekeeper living full-time with my employer during the pandemic. What are my rights?
- [My employer used COVID-19 layoffs to get rid of older workers.](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog202092my-employer-used-covid-19-layoffs-to-get-rid-of-older-workers-what-are-my-rightsmy-employer-used-covid-19-layoffs-to-get-rid-of-older-workersa-yj6my/): While many businesses may be struggling these days, the COVID-19 pandemic is no excuse for discriminatory terminations. Although age discrimination is illegal under federal, state, and New York City law, some employers may try to take advantage of the pandemic to push out older employees.
- [I Was Fired for Complaining About a Lack of Safety Precautions at Work. What Are My Rights?](https://nyemployeelaw.com/i-was-fired-for-complaining-about-a-lack-of-safety-precautions-at-work-what-are-my-rights-htlkm/): ·       filing a safety or health complaint with the Occupational Safety and Health Administration (“OSHA”),
- [Jason Rozger Gets Class Certification In Home Care Worker Wage Case](https://nyemployeelaw.com/beranbaum-menken-llp-gets-class-certification-in-home-care-worker-wage-case-zkneh-4pn8w/): Many home care agencies only pay their workers for 13 hours of a 24-hour shift, despite the care these critical workers provide during the overnight hours.  For nearly a decade, Menken Simpson & Rozger LLP has been fighting for the rights of home care workers to get paid for every hour of their work, filing numerous lawsuits to get these workers the pay they deserve. 
- [MSR Gets Class Certification in Superintendent Case](https://nyemployeelaw.com/msr-gets-class-certification-in-superintendent-case-kdpml/): Judge Paul A. Crotty of the Southern District of New York conditionally certified a collective of building superintendents seeking unpaid minimum and overtime wages under the federal Fair Labor Standards Act in Huggins v. Chestnut Holdings, Inc., et al., 18-cv-1037. The Court found that notice to other potential collective members was warranted because the superintendents demonstrated enough factual similarities in their working conditions, including alleging they were paid the same amount every week regardless of the hours they worked. Over a dozen superintendents have now opted into the lawsuit, and the case will proceed to fact discovery. Read the decision here. The case is being litigated by Senior Associate Brenna Rabinowitz and Partner Bruce Menken.
- [Your Right to Earned Commissions](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog202054you-have-the-right-to-your-earned-commissions-even-if-your-employment-is-terminatedyouar-right-to-earned-commissions-n984g/): If you are paid by commission, you may have a legal claim if your employer refuses to pay you a commission you have earned — even if you are laid off or fired. Your employment agreement may specify when a commission is considered “earned,” or, if it doesn’t, a commission will be considered “earned” in accordance with the usual arrangement between you and your employer.
- [You Have the Right to a Safe Workplace During the Pandemic](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog202049you-have-the-right-to-a-safe-workplace-during-the-covid-19-crisisyou-have-the-right-to-a-safe-workplace-during-the-apandemic-6cb2z/): Federal law requires employers to provide workplaces that are "free from recognized hazards that are causing or are likely to cause death or serious physical harm.” The Occupational Safety and Health Administration (OSHA) is the agency empowered to enforce this requirement. If you believe your employer is forcing you to work in unsafe conditions related to COVID-19, you can file a complaint with OSHA to report the conditions. 
- [Legal Update: A Victory for Gig Workers in New York](https://nyemployeelaw.com/legal-update-a-victory-for-gig-workers-in-new-york-d5d22/): With COVID-19 keeping us indoors most of the time, demand for delivery services such as Instacart, DoorDash and GrubHub is booming—and delivery people are putting themselves and their families at great risk to feed our city.  But many of the Internet-based delivery and “gig” companies cut costs by classifying their employees as independent contractors, which deprives these workers of employment benefits and substantial legal protections enjoyed by employees.  Many of those companies have been accused of violating the law by doing so. 
- [Press Coverage Of Disability Discrimination Lawsuit](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog2019126press-coverage-of-disability-discrimination-lawsuitpress-coverage-of-disability-discrimination-lawsuita-35pgx/): Recently, the Washington Square News published an article about one of the firm’s cases, Malzberg v. New York University, 19-cv-10048 (JPO), which is pending in the Federal Court for the Southern District of New York. Read more here.
- [MSR Files ADA Lawsuit on Behalf of Disabled Veteran](https://nyemployeelaw.com/a-hrefhttpwwwnyemployeelawcomblog201987beranbaum-menken-llp-files-disability-discrimination-lawsuit-on-behalf-of-disabled-veteranmsr-files-ada-lawsuit-on-behalf-of-disabled-veterana-kxdxl/): Our firm has filed a disability discrimination lawsuit in federal court on behalf of Grant Fox, a disabled veteran suffering from post-traumatic stress disorder (“PTSD”) stemming from his lengthy military service. Fox alleges that his rights were violated when his employer failed to provide him with a reasonable accommodate to his disability as required by federal, state and local law, when his boss would not allow him to receive treatment during work hours for his PTSD and also would not adopt certain supervisory techniques to avoid triggering his PTSD. Fox was eventually fired and alleges that his termination was discriminatory. The case is Fox v. Adaptive Management, Inc. et al, 19-cv-7204 (JPO) and is being handled by Scott Simpson.

## Pages
- [Prevailing Wage Laws: 5 Complete Ways to See if Qualify](https://nyemployeelaw.com/prevailing-wage-laws-2/): Prevailing wage laws exist to ensure fair pay for workers employed on public construction and government-funded projects. These laws are designed to protect employees from being underpaid compared to others performing similar work in the same region. Yet, many workers aren’t sure whether they qualify for prevailing wage in the first place. Understanding when the law applies—and to whom—is essential to protecting your rights and ensuring you receive the compensation you’ve earned.
- [Blog](https://nyemployeelaw.com/blog/): Prevailing wage laws are designed to ensure that workers on government-funded projects are paid fairly and in accordance with established wage rates for their trade and geographic area. Unfortunately, many employers disregard these requirements, leaving employees underpaid for their work. 
- [Prevailing Wage: 5 Flags to Best Protect Your Rights](https://nyemployeelaw.com/prevailing-wage-laws/): Prevailing wage laws are designed to ensure that workers on government-funded projects are paid fairly and in accordance with established wage rates for their trade and geographic area. Unfortunately, many employers disregard these requirements, leaving employees underpaid for their work. For workers who are denied the proper prevailing wage, the law provides remedies — but pursuing those remedies often requires the guidance of experienced wage and hour attorneys.
- [Prevailing Wage 2025](https://nyemployeelaw.com/prevailing-wage-2025/): If you worked on a public construction or government-funded project in New York, New Jersey, Massachusetts, or Illinois, you have the right to be paid the prevailing wage—a set minimum wage required by law. Unfortunately, many employers fail to pay workers what they're legally owed. We’re here to help you fight back.
- [Press](https://nyemployeelaw.com/press/): Press coverage of Bruce Menken’s whistleblower lawsuit on behalf of an ethics officer at the New York State Insurance Fund.
- [News](https://nyemployeelaw.com/news/)
- [Civil Rights](https://nyemployeelaw.com/civil-rights/): The attorneys of Menken Simpson & Rozger have a long history of vindicating the rights of individuals who had their Constitutional rights violated. These include cases brought on behalf of people falsely arrested, beaten and injured by police and corrections officers, and who were violated by unlawful strip searches. In addition, our firm has been involved in impact litigation to challenge anti-LGBTQ laws.
- [Disability and Leave](https://nyemployeelaw.com/disability-rights/): The federal Americans with Disabilities Act (ADA), as well as the New York State and New York City human rights laws, protect employees who need an accommodation because of a physical or mental disability, and requires employers to allow time away from work to recover, or to care for close family members. In addition, while pregnancy is not necessarily a “disability,” pregnant women often face discrimination, with people assuming that they are weak, unwilling, or unable to continue working.
- [Severance and Separations](https://nyemployeelaw.com/severance-and-separation/): Negotiating favorable and valuable severance agreements for our clients is one of the largest parts of our practice. Our firm has had an incredible run of successes in obtaining large severance packages for employees and executives who have sought our help in navigating the often-fraught process of separating from their employer.
- [Results](https://nyemployeelaw.com/results/): In this whistleblower action, we represented a sales representative who exposed her the drug manufacturer’s fraudulent scheme to unlawfully sell a drug “off-label.” After the U.S. Department of Justice intervened, a $42 million settlement was reached, with $5.7 million allocated to our client.
- [Legal Help For Non-Profits, Small Businesses and Startups](https://nyemployeelaw.com/nonprofits-small-businesses-startups/): The workplace is changing: the COVID-19 pandemic and the prevalence of working from home has introduced a host of new legal and compliance issues, and the #Metoo movement has spurred legislation offering greater protections to employees against sexual harassment and discrimination. As lawyers who primarily represent employees, we bring a unique and critical perspective to compliance and legal issues that non-profit leaders and business owners face, and know what it takes to protect your organization or business’s interest. And in an ever-changing legal landscape, especially in New York state, companies and organizations need counsel to ensure compliance with current employment laws, including the various paid leave laws and new regulations based on the COVID-19 pandemic.
- [Higher Education and Medical Professionals Practice](https://nyemployeelaw.com/higher-education-professional-medical-employees/): Many professors, teachers and medical residents have never had the need to retain legal counsel. With insight and thought, we merge our significant litigation skills and knowledge of the various higher education legal venues to help clients make the right decision and succeed.
- [Whistleblower And Retaliation](https://nyemployeelaw.com/whistleblower/): Our society depends on people to stand up and speak out against unlawful practices. Unfortunately, employers often retaliate against employees who blow the whistle and complain about unlawful employment practices.
- [Defending Employees](https://nyemployeelaw.com/defending-employees/): When employees get into trouble at work and are facing discipline or worse, an experienced attorney can help employees navigate the situation to protect their jobs and careers. Sometimes workplace conflicts and accusations receive press attention or cause severe reputational harm. We employ a strategic and aggressive approach to defending our clients — and always with a clear objective, whether it is preventing a termination, fighting back against false allegations, getting a lawsuit thrown out or negotiating “soft landing” exit with a severance package.
- [Experienced Advocates for Executives](https://nyemployeelaw.com/exec-comp/): Beginning and ending a relationship with an employer can be a fraught process, and people often feel out-gunned by their employers, who may have retained large law firms or have a staff of in-house counsel to represent them.
- [Wage and Hour](https://nyemployeelaw.com/wage-and-hour/): Unpaid prevailing wage settlements lawyers, we represent workers whose employers fail to pay minimum wage, overtime, tips, commissions, prevailing wages, and other kinds of compensation.
- [Discrimination and Harassment](https://nyemployeelaw.com/discrim-harassment/): For over 23 years, Menken Simpson & Rozger has been at the forefront of protecting employees against all forms of discrimination, harassment and retaliation. We have obtained millions of dollars through settlements and at trial on behalf of many clients who had the painful experience of suffering discrimination at work.
- [Edwin Gonzalez](https://nyemployeelaw.com/edwin-gonzalez/): Edwin Gonzalez
- [Sam Salinger](https://nyemployeelaw.com/sam-salinger/): Sam Salinger
- [Alan Serrins](https://nyemployeelaw.com/alan-serrins/): Alan Serrins
- [Brenna Rabinowitz](https://nyemployeelaw.com/brenna-rabinowitz/): Brenna Rabinowitz
- [Raya F. Saksouk](https://nyemployeelaw.com/raya-f-saksouk/): Raya F. Saksouk
- [Scott Simpson](https://nyemployeelaw.com/scott-simpson/): Scott Simpson
- [Jason J. Rozger](https://nyemployeelaw.com/jason-j-rozger/): Jason J. Rozger
- [Bruce Menken](https://nyemployeelaw.com/bruce-menken/): Bruce E. Menken
- [Disclaimer](https://nyemployeelaw.com/disclaimer1/): Disclaimer: The content of this website is provided for educational purposes only and does not contain or constitute legal advice. There may be information on this site that is inaccurate, incomplete, or no longer current for your specific situation. Visitors to this website should not substitute its content for the professional services of an attorney. In addition, visitors should not solely rely upon any material or statements on this site for legal purposes. It is not our intention to use this site to create an attorney-client relationship. Please contact a qualified attorney your legal matter.
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- [Home](https://nyemployeelaw.com/): Employment and fair workplace lawyers, we’re more than just a team of accomplished employment attorneys. We are passionate advocates for workers who deserve better treatment.

## Categories
- [News](https://nyemployeelaw.com/category/news/)
- [Uncategorized](https://nyemployeelaw.com/category/uncategorized/)
- [Wage and Hour Practice](https://nyemployeelaw.com/category/wage-and-hour-practice/)

# Priority content for AI Crawlers — Menken Simpson & Rozger LLP (NYC Employment Law Firm)

[brand]
name: Menken Simpson & Rozger LLP (MSR)
industry: Employment Law + Civil Rights
location: 225 Broadway, Suite 920, New York, NY 10007
phone: (212) 509-1616
email: info@nyemployeelaw.com
service_area: New York (primary), matters handled nationwide depending on jurisdiction
positioning: Trial-tested employment lawyers advocating for fairness in the workplace

[priority_pages]
home: https://nyemployeelaw.com/
results: https://nyemployeelaw.com/results/
news: https://nyemployeelaw.com/news/
practice_areas:
  - https://nyemployeelaw.com/discrim-harassment/
  - https://nyemployeelaw.com/wage-and-hour/
  - https://nyemployeelaw.com/severance-and-separation/
  - https://nyemployeelaw.com/exec-comp/
  - https://nyemployeelaw.com/disability-rights/
  - https://nyemployeelaw.com/whistleblower/
attorney_bios:
  - https://nyemployeelaw.com/bruce-menken/
  - https://nyemployeelaw.com/scott-simpson/
  - https://nyemployeelaw.com/jason-rozger/
  - https://nyemployeelaw.com/raya-saksouk/
  - https://nyemployeelaw.com/brenna-rabinowitz/
  - https://nyemployeelaw.com/alan-serrins/
  - https://nyemployeelaw.com/sam-salinger/

[who_we_help]
- Employees dealing with discrimination, harassment, retaliation
- Executives negotiating contracts, compensation, or severance
- Workers owed unpaid wages, overtime, or prevailing wage
- Whistleblowers (False Claims Act / qui tam)

[proof_points]
- Decades of combined experience in federal & state courts
- Proven results including 7–8 figure settlements and verdicts
- Known for trial readiness, which increases negotiation leverage
- Ethical advocacy + personalized attention

[engagement]
cta: Call (212) 509-1616 or use the contact form for a confidential consultation