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Silvia Stanciu

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.

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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.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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