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Song Law Firm · Practice Areas

NJ & NY Labor & Employment Lawyer

Direct consultations in 한국어, 中文, and English — no interpreters.

NJ and NY labor and employment attorneys for both employees and employers. Korean-speaking counsel. Unpaid wages, discrimination, sexual harassment, wrongful termination, and employer-side compliance — handled by a focused three-attorney team.

3Dedicated Attorneys
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EN · KO · ZHDirect Communication
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01 · Our Team

A Three-Attorney Team for Labor & Employment Matters

Song Law Firm represents both employees pursuing unpaid wages, discrimination, and wrongful-termination claims, and employers seeking compliance and litigation defense across New Jersey and New York. Three attorneys handle every case directly — Korean and English without interpreters.

Joseph D. Song

Joseph D. Song

Founding Member

Admitted in New Jersey, New York, Texas, and Georgia. Over a decade of experience leading high-stakes labor & employment litigation and wage-and-hour class actions. Directs firm strategy on multi-employee wage claims, executive severance, and Korean-American employer compliance. Speaks English and Korean fluently.

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Howard Z. Myerowitz, Esq.

Howard Z. Myerowitz, Esq.

Senior Associate Attorney

J.D., Fordham University School of Law; B.A., New York University. Former Deputy Attorney General of New Jersey and former senior trial counsel at one of the largest insurance defense firms in the country. Tries employer-side and employee-side cases to jury verdict, with deep experience in NJLAD and Title VII matters.

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Won Eik (Joseph) Cho, Esq.

Won Eik (Joseph) Cho, Esq.

Associate Attorney

Admitted in New York and New Jersey. Focuses on workplace investigations, wage-and-hour audits, restrictive-covenant disputes, and employee-handbook compliance for small and mid-sized employers. Represents clients in Korean-American restaurant, retail, and professional-services industries. Fluent in English and Korean.

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02 · Practice Scope

Labor & Employment Cases We Handle

From individual wage claims to multi-employee class actions, NJLAD and Title VII discrimination, and employer-side compliance — our scope covers the full life cycle of the employer-employee relationship.

Unpaid Wages & Overtime

Federal FLSA, New Jersey Wage and Hour Law (NJWHL), and New York Labor Law claims. Unpaid overtime, misclassified independent contractors, tip-pooling violations, off-the-clock work. Korean-American restaurants, salons, and small retailers face heightened risk — we represent both workers and owners.

Discrimination & Harassment

Race, national origin, age, disability, gender, and pregnancy discrimination under Title VII, ADA, ADEA, NJLAD, and NYSHRL. Sexual harassment, hostile work environment, and retaliation claims. Three-year statute of limitations under NJLAD; 300-day EEOC filing window.

Wrongful Termination & Severance

At-will employment exceptions, retaliatory discharge, public policy violations, breach of implied contract. Severance agreement review, executive separation negotiations, and release/non-compete enforcement. Do not sign a severance package without independent review.

Family & Medical Leave (FMLA)

FMLA, NJFLA, and NJ Paid Family Leave. Leave eligibility, employer interference, retaliation for taking protected leave. Reinstatement disputes and damages for denied leave. Pregnancy-related accommodations under PWFA.

Whistleblower & Retaliation

New Jersey Conscientious Employee Protection Act (CEPA) — one of the strongest whistleblower statutes in the country. NY Labor Law §740. Protection for reporting wage theft, safety violations, fraud, or discrimination. Retaliation damages can include front pay and punitive damages.

Employer Compliance & Defense

Employee handbooks, wage-and-hour audits, I-9 verification, workplace investigations, EEO compliance. Defense in DOL audits, NJDOL inspections, and EEOC charges. Restrictive covenants (non-compete, non-solicit) drafting and enforcement.

03 · Timing Matters

When to Call a Labor & Employment Lawyer

Most labor and employment claims have strict deadlines. Acting early preserves your evidence, your rights, and your leverage.

1

Before Signing a Severance

You typically have 21 days (45 days for group layoffs) to review. Once you sign a release, the claim is gone. Have it reviewed first — adjustments are often possible.

2

After a Discrimination Incident

NJLAD claims must be filed within two years; EEOC charges within 300 days. Document the incident in writing, save communications, and consult counsel before reporting internally.

3

If Wages Are Underpaid

FLSA recovery reaches back two years (three years for willful violations). NJWHL allows six years for unpaid wages. Save pay stubs, time records, and texts about hours worked.

4

Before Filing an Internal Complaint

Internal HR reports can backfire if not strategically timed. Speak with counsel first to preserve retaliation protections and build a documented record before notifying the employer.

04 · Representative Outcomes

Notable Labor & Employment Outcomes

A sample of recent resolutions handled by the Song Law Firm Labor & Employment team. Names and identifying details are confidential.

Wage Claim

Unpaid Overtime — Restaurant Workers

Multi-employee FLSA and NJWHL claim against a Bergen County restaurant. Resolution recovered three years of unpaid overtime plus liquidated damages.

Severance

Executive Separation

Negotiated executive severance package — recovered enhanced cash payment, extended benefits, and removal of overbroad non-compete clause.

Discrimination

NJLAD National Origin Claim

Korean-American employee subjected to ethnic slurs and demotion. Resolved pre-litigation with full back-pay equivalent plus emotional-distress damages and policy reform.

* These outcomes reflect actual matters handled by Song Law Firm. Each case turns on its own facts — employer size, evidence preserved, and statute applied. Past results do not guarantee similar outcomes.

05 · Questions Answered

Frequently Asked Questions

Common questions from New Jersey and New York employees and employers — answered by our labor and employment team.

What is the statute of limitations for a workplace discrimination claim in New Jersey?
Under the New Jersey Law Against Discrimination (NJLAD), an employee has two years to file a lawsuit in state court. To file a federal EEOC charge under Title VII, the ADA, or the ADEA, the deadline is 300 days from the discriminatory act in New Jersey and New York. NJLAD covers all employers with one or more employees, while Title VII requires 15 or more employees.
Can my employer fire me for no reason?
New Jersey and New York are at-will employment states, meaning an employer can generally terminate an employee for any lawful reason or no reason at all. However, termination cannot be based on a protected characteristic (race, gender, age 40+, disability, national origin, religion, pregnancy), in retaliation for exercising legal rights (filing a wage complaint, taking FMLA leave, reporting harassment), or in violation of an employment contract or public policy.
How much overtime am I entitled to under New Jersey law?
Most non-exempt employees in New Jersey must be paid 1.5x the regular rate of pay for hours worked over 40 in a workweek. Misclassification as “salaried” or “manager” does not automatically exempt you — the actual duties must meet a strict legal test. Tipped employees in restaurants have separate rules under NJWHL and FLSA. Common violations include off-the-clock work, automatic meal-break deductions, and unpaid pre-shift setup time.
Should I sign the severance agreement my employer offered?
Not without legal review. Severance agreements typically waive your right to sue for wrongful termination, discrimination, unpaid wages, and harassment. Most agreements give you 21 days to consider (45 days for group layoffs) and 7 days to revoke after signing. Provisions to scrutinize: non-compete scope, non-disparagement, return of property, indemnification, and tax treatment of the payment. Negotiation is often possible — especially if you have a viable claim.
I am being sexually harassed at work. What should I do?
(1) Document immediately — keep a private timeline of incidents with dates, witnesses, and exact words. (2) Preserve texts, emails, and any digital evidence. (3) Consult a labor & employment lawyer before filing an internal complaint — strategic timing protects retaliation claims. (4) Do not resign in haste; constructive discharge is harder to prove than discharge after a documented complaint. Sexual harassment claims may proceed under Title VII, NJLAD, or NYSHRL.
What is the New Jersey Conscientious Employee Protection Act (CEPA)?
CEPA is one of the broadest whistleblower statutes in the United States. It protects New Jersey employees who report or refuse to participate in conduct they reasonably believe violates a law, regulation, or public-policy standard. Protected activity includes reporting wage theft, safety violations, fraud, environmental violations, or discrimination. Remedies include reinstatement, back pay, front pay, attorney’s fees, and punitive damages. The statute of limitations is one year.
Is my non-compete agreement enforceable in New Jersey?
New Jersey courts enforce non-competes only if they are reasonable in geographic scope, duration, and protected interest. Most one-year, county-level restrictions in a defined industry are enforceable; broad statewide or multi-year restrictions are often reduced or rejected. Non-competes for low-wage workers, hourly employees, or independent contractors are increasingly disfavored. New York follows a similar reasonableness test with heightened scrutiny.
I work for a Korean-American business. Can I still bring a labor claim?
Yes. Wage-and-hour, discrimination, and harassment laws apply regardless of the employer’s ethnicity or your immigration status. Many Korean-American restaurants, salons, and small businesses have unique wage exposure due to industry practices (one-week pay periods, tip handling, off-the-clock work). Song Law Firm represents both Korean-American employees and Korean-American business owners — bilingual representation throughout, with confidentiality maintained.
I am undocumented. Can I still claim unpaid wages or report harassment?
Yes. Federal and New Jersey law protect undocumented workers’ rights to unpaid wages, overtime, and freedom from discrimination and harassment. The U.S. Department of Labor and NJDOL do not share immigration status with federal immigration authorities for wage-claim purposes. Song Law Firm does not share client information with immigration authorities. Your matter is confidential.
How long does an employment case take?
It varies widely. Demand-letter resolutions can settle in 30 to 90 days. EEOC charge investigations typically run 6 to 18 months before a Right-to-Sue letter. Filed lawsuits often resolve via mediation in 9 to 18 months; cases tried to verdict can take 2 to 3 years. Wage claims with clear documentation tend to resolve faster than discrimination claims with disputed intent.
How much does it cost to hire Song Law Firm for an employment case?
Most employee-side cases (wage claims, discrimination, wrongful termination) are handled on a contingency fee — no attorney fee unless we recover. Fee-shifting statutes (Title VII, NJLAD, FLSA) often allow recovery of attorney’s fees from the employer. Employer-side work (compliance, defense, audits) is billed hourly or by flat fee, depending on scope. Initial consultations are free.
Do I have to attend mediation or arbitration before suing?
It depends on your employment contract. Many employers require mandatory arbitration agreements as a condition of employment, especially in non-union workplaces. Sexual harassment claims, however, are no longer subject to mandatory arbitration under the federal Ending Forced Arbitration Act of 2022. Some employers also require pre-suit internal complaint procedures. We review your contract before recommending the most effective path.

06 · Service Area

Areas We Serve — New Jersey & New York

From our Fort Lee headquarters we represent labor and employment clients across New Jersey and the broader New York metropolitan area. Phone, video, and in-office consultations available.

New Jersey

Fort Lee, Palisades Park, Ridgefield, Cliffside Park, Edgewater, Englewood, Leonia, Tenafly, Fair Lawn, Hackensack, Paramus, Closter, Bergenfield, Teaneck, Hoboken, Jersey City, Union City, West New York, North Bergen, Newark, Elizabeth, Edison, Old Bridge, Cherry Hill, and surrounding communities.

Counties: Bergen, Hudson, Essex, Middlesex, Union, and Passaic.

Statutes & Forums: NJLAD, NJWHL, CEPA, FLSA, Title VII; New Jersey Superior Court, U.S. District Court for the District of New Jersey, NJDOL, EEOC Newark Area Office.

New York

Manhattan, Queens (including Flushing), Brooklyn, the Bronx, and surrounding boroughs.

Suburban NY: Long Island (Nassau, Suffolk), Westchester, and Rockland.

Statutes & Forums: NYSHRL, NYCHRL, NY Labor Law, NY State Division of Human Rights, NYC Commission on Human Rights, S.D.N.Y. and E.D.N.Y. federal courts.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024 — minutes from the GWB.

07 · Recent Articles

Labor & Employment Articles

Recent columns and case results from Song Law Firm.

08 · Get in Touch

Free Initial Consultation

Whether you are an employee facing wage theft, discrimination, or termination — or an employer needing compliance or defense — Song Law Firm offers a free initial consultation. You are under no obligation to retain us after we speak.

Phone
201-461-0031
Email
labor@songlawfirm.com
Office
Parker Plaza
400 Kelby St, 19th Fl
Fort Lee, NJ 07024
Hours
Mon–Fri 9 AM – 6 PM
After-hours intake available
Call 201-461-0031Request Consultation
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