Long Island Employment Law Blog

On November 26, 2024, New York State’s highest court, the Court of Appeals, decided a case concerning the ministerial exception to employment discrimination cases. Famighetti & Weinick previously blogged about this exception. Now, the Court of Appeals has weighed in on the subject. Today’s Long Island employment law blog discusses Ibhawa v. New York State…

Last month, employment lawyers Famighetti & Weinick PLLC shared a client review in which the client rated the firm five stars and thanked us for helping him “win” his case. We promised to blog about the client’s interesting case and today is the day. Today’s Long Island employment law blog discusses the firm’s successful appeal…

The Family Medical Leave Act is a federal law which provides up to 12 weeks of leave for qualified employees. On September 9, 2024, the Second Circuit Court of Appeals, which has jurisdiction in New York, issued a decision clarifying when employers can be liable for interfering with employees’ FMLA rights. Today’s employment law blog…

New York Labor Law 195, known as the Wage Theft Prevention Act or WTPA, requires that employers in New York do two things: (1) upon an employee’s hire, the employer must provide the employee with a wage notice, identifying information such as the employee’s regular rate of pay and overtime rate of pay; and (2)…

In April 2022, the civil rights law firm Famighetti & Weinick PLLC filed a First Amendment retaliation case on behalf of its client, Devanand Persaud, against the City of New York and individuals employed by the City. The firm regularly handles free speech cases, but this case was unusual. In this case, Persaud alleged that…

On April 23, 2024, the United States Federal Trade Commission voted to ban non-compete agreements. What is a non-compete agreement and what does the ban mean? Today’s Long Island employment law blog explores these issues and the FTC’s new rule. Non-compete agreements are contracts (or provisions in contracts) which limit or bar an employee or…

On April 17, 2024, the Supreme Court of the United States issued a decision in the case Muldrow v. City of St. Louis. The decision is monumental in that it materially alters the requirements that employees must satisfy to prove unlawful workplace discrimination. If you’re thinking that the current conservative leaning SCOTUS ruled in favor…

2024 has seen New York’s federal appellate court, the Second Circuit Court of Appeals, issue a string of employee friendly decisions. We have blogged about some of these decisions previously. On March 26, 2024, the Second Circuit decided an employment discrimination case which clarifies how trial courts should analyze discrimination cases. As we discuss in…

An often misunderstood part of America’s guarantee of “free speech” is that the Constitution (the source of free speech rights), restricts only the government’s ability to regulate speech. Private citizens are not prohibited from restricting speech. For example, a restaurant owner may deny service to a customer who is wearing a political shirt which the…

One of the difficulties in employment retaliation cases is determining whether an action an employer has taken can be deemed retaliation under the law. This is because not every action which an employer takes against an employee can constitute a retaliatory act, even if the employer acted with a retaliatory motivation. For instance, a verbal…