Super Lawyers Rising Stars, 2018-2021
Obtained a $756,328.57 Judgment in Sexual Harassment Case
Published Articles in Lawyer Monthly,
Downtown Magazine and The Guardian
Silvia Stanciu is an employment litigator at Phillips & Associates, a law firm that serves all five boroughs of New York City and New Jersey. Ms. Stanciu grew up in Romania and has had a long-term interest in advocating for employee rights and fighting against workplace discrimination. She can assist people who need a New York City sexual harassment attorney or an employment attorney if their rights have been violated by their employers in other ways.
Ms. Stanciu graduated magna cum laude with a Bachelor of Arts from Hofstra University’s Honors College Program and attended the Maurice A. Deane School of Law at Hofstra University, graduating with her Juris Doctorate in 2015. During law school, Ms. Stanciu served as an e-board member of the Dispute Resolution Society and as an oralist in the international Vis Moot Arbitration competition in Vienna. She also graduated from the E. David Woycik, Jr. Intensive Trial Techniques program. Ms. Stanciu worked as a legal intern and later as an associate for Bryan Arcé, also an employment litigator at Phillips & Associates, prior to joining Phillips & Associates.
Ms. Stanciu is admitted to practice in New York and New Jersey State and federal courts. She is fluent in Spanish and Romanian, and she is passionate about celebrating New York City’s diversity of language and culture. Ms. Stanciu is also a member of the New York City Bar Association and the New York Women’s Bar Association.
At Phillips & Associates, Ms. Stanciu handles cases involving failures by employers to meet their legal obligations. Employers have a number of obligations to their employees under both federal and state laws, including providing a safe workplace free from discrimination and harassment, and paying their employees according to the pertinent legal requirements.
For example, employers in New York have a legal obligation to comply with minimum wage and other payment and rest requirements as set by the federal Fair Labor Standards Act (FLSA), the New York State Minimum Wage Act, and other orders and standards. The minimum wage in New York at the time of this writing is $9.00. Under the FLSA, most workers are classified as exempt or nonexempt depending on their type of work, how much they are paid, and how they are paid. Exempt workers must be paid a minimum of $23,600 per year on a salary basis and also perform certain work duties that put them in the exempt category. Nonexempt workers are entitled to certain protections.
The FLSA requires employers to pay overtime pay to nonexempt employees who work more than 40 hours in a workweek. This rate is usually one and a half times the hourly pay rate for each hour worked over 40 hours in a week. In New York, employees must also be given meal and rest periods of 30-60 minutes.
In addition to complying with wage and hour rules, employers must also abide by numerous federal and state laws that prohibit discrimination, harassment, and retaliation. The federal Equal Pay Act, for example, requires men and women in the same workplace to be given equal pay for equal work. This means that two people of different sexes who perform substantially the same tasks should receive the same salary, overtime pay, stock options, profit-sharing life insurance, benefits, and other aspects of income. Employers are not allowed to reduce the wages of either sex if there is an inequality in wages between male and female employees. Unlike other laws enforced by the Equal Employment Opportunity Commission (EEOC), if you allege a violation of the Equal Pay Act, you can go directly to court with a lawsuit, rather than file a charge with the EEOC. However, in many cases, people with Equal Pay Act claims also have claims under Title VII and other laws prohibiting sex discrimination.