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During the Trump administration, federal labor protections weakened while enforcement of anti-discrimination laws diminished significantly. With agencies like the Department of Labor and Equal Employment Opportunity Commission (EEOC) underfunded or politically constrained, bad actors in industries like agriculture, hospitality, and construction exploited the lack of oversight. Wage theft, retaliatory firings, discrimination, and unsafe working conditions surged—particularly against immigrant workers and communities of color.

New York State, with its diverse workforce and progressive labor laws, became both a battleground and a refuge. While state laws offer expanded protections, they remain underutilized unless attorneys actively advocate for affected workers. This article analyzes the core legal strategies NYS attorneys can use to secure justice for clients facing labor abuses—many of which persist beyond the Trump era.

1. Combatting Wage Theft and Unpaid Wages

Wage theft—including nonpayment of overtime, misclassification of workers, and sub-minimum wage compensation—remains one of the most common forms of labor exploitation in NYS. Immigrant and undocumented workers are especially vulnerable due to language barriers and fear of retaliation.

Attorney Strategies:

• File wage claims under NY Labor Law §§ 190–199 and federal FLSA. NY law often provides more generous remedies, including liquidated damages and attorney’s fees.
• Utilize NY’s Wage Theft Prevention Act (WTPA) to pursue statutory damages for lack of wage notices and pay stubs.
• Pursue class or collective actions when wage theft is widespread among employees in a workplace.
• Request a lien under the Wage Theft Prevention Act, giving workers leverage if employers attempt to hide assets.

2. Addressing Retaliation and Wrongful Termination

Under Trump, federal protections against retaliation weakened, making it easier for employers to fire workers who spoke up. However, NYS offers robust retaliation protections under its Human Rights Law and Labor Law § 215.

Attorney Strategies:

• File retaliation claims when a worker is terminated after reporting wage violations, unsafe conditions, or discrimination.
• Seek preliminary injunctions to stop ongoing retaliation or to reinstate wrongfully fired employees.
• Document the causal link between protected activity (e.g., filing a complaint) and adverse action.
• Demand reinstatement and back pay through administrative channels (e.g., NY DOL) or civil court.

3. Representing Workers in Dangerous or Unsafe Conditions

Many immigrant workers, particularly in construction and agriculture, endure hazardous workplaces with minimal safety oversight. Trump-era rollbacks at OSHA left state agencies like NYS DOL responsible for enforcement.

Attorney Strategies:

• Report unsafe conditions to NYS Public Employee Safety and Health (PESH) program or federal OSHA, depending on jurisdiction.
• File complaints under NY Labor Law § 740, which protects whistleblowers who report illegal or unsafe practices.
• Litigate injury claims through workers’ compensation or third-party lawsuits where employer negligence is grossly evident.
• Use Section 11 of NY Labor Law to sue employers who violate scaffolding or construction safety rules—particularly powerful in NYC.

4. Defending Immigrant Workers Regardless of Status

Trump’s anti-immigrant rhetoric and policies emboldened employers to intimidate or exploit undocumented workers. However, NY courts have repeatedly held that labor protections apply regardless of immigration status.

Attorney Strategies:

• Assert full labor rights for undocumented workers, including minimum wage, workers’ comp, and anti-discrimination protections.
• Prepare clients for potential retaliation, such as immigration threats, and refer them to immigration counsel if needed.
• Use New York’s unique protections, like the Justice for Job Seekers Act, which targets employment agency scams affecting immigrants.
• Challenge “no-match letter” abuse, where employers misuse Social Security data to intimidate workers.

5. Litigating Discrimination and Harassment Claims

The Trump administration narrowed federal definitions of workplace discrimination, especially regarding race, religion, and national origin. NYS law, however, provides stronger protections and broader coverage.

Attorney Strategies:

• File complaints under the NYS Human Rights Law (NYSHRL), which applies to employers with as few as one employee.
• Build evidence of bias through direct comments, statistical disparities, or comparators in treatment.
• Use retaliation provisions when clients are punished for complaining about discrimination.
• Seek punitive damages and emotional distress compensation, which are allowed under state law and NYCHRL (for NYC-based clients).

6. Addressing Sexual Harassment in Vulnerable Industries

Hospitality, agriculture, and domestic work—industries with high immigrant and female labor participation—saw rising complaints of sexual harassment under an administration hostile to #MeToo efforts.

Attorney Strategies:

• Leverage NY’s lowered legal thresholds, which no longer require harassment to be “severe or pervasive.”
• Represent clients anonymously, especially in immigration-sensitive cases, to protect their identities.
• Use state protections for independent contractors, who are now covered by NY’s sexual harassment laws.
• File civil suits alongside administrative complaints for broader remedies and public accountability.

7. Supporting Union Organizing and Collective Action

Union protections suffered setbacks under Trump, but NYS continues to support organizing through the Taylor Law (public sector) and the NYS Labor Relations Act (private sector analog to NLRA).

Attorney Strategies:

• Represent workers facing retaliation for organizing activities—e.g., meetings, petitions, or protests.
• File unfair labor practice claims with the NYS Public Employment Relations Board (PERB) or NLRB, depending on sector.
• Support wage boards and industry-wide campaigns, especially in sectors like fast food and gig economy jobs.
• Assist workers in negotiating collective bargaining agreements, especially in immigrant-dense workplaces.

8. Advocating for Domestic Workers and Day Laborers

Domestic workers and day laborers—many of them immigrants—remain among the most exploited labor groups. Under Trump, little federal action was taken to protect these often-invisible workers.

Attorney Strategies:

• Use the NY Domestic Workers’ Bill of Rights, which guarantees overtime, rest days, and protection from harassment.
• Sue employers who misclassify workers as “independent contractors” to avoid taxes or benefits.
• Partner with worker centers and nonprofits, like Make the Road NY or NDWA, to coordinate claims and amplify visibility.
• File class actions where common patterns of abuse are evident among domestic or day labor workers.

9. Navigating Agency Complaints and Legal Forums

Understanding which forum to use—administrative vs. civil court—can shape the success of a labor case.

Attorney Strategies:

• File complaints with NYS Division of Human Rights or NYC Commission on Human Rights for quicker, less formal resolutions.
• Choose NYS Supreme Court for complex cases seeking broader damages.
• Use federal court strategically, particularly where federal law provides overlapping or stronger remedies (e.g., under FLSA).
• Pursue arbitration challenges if clients were forced into unfair arbitration agreements under duress.

10. Empowering Workers Through Education and Policy

Litigation alone can’t shift entrenched labor abuse. Attorneys must help workers understand their rights and influence the policy landscape.

Attorney Strategies:

• Conduct multilingual know-your-rights workshops, particularly in immigrant communities and informal labor hubs.
• Collaborate with advocacy groups to push for stronger state protections—e.g., for gig workers and farm laborers.
• Support legislative reforms, such as expanding paid leave or strengthening enforcement budgets for the NYS DOL.
• Publish guides and legal resources to help pro se workers file claims or defend against exploitation.

Conclusion

The Trump administration empowered employers who treated labor protections as optional—particularly for immigrants and workers of color. In New York, attorneys have the unique opportunity to leverage some of the nation’s strongest labor laws to push back against this legacy.

Through aggressive litigation, community outreach, and systemic advocacy, NYS attorneys can restore dignity to workplaces and accountability to those who profit from exploitation. In doing so, they help build a fairer labor landscape—one where every worker, regardless of status, race, or industry, is protected under the law.