Long Island Employment Law Blog

Better late than never. Long Island employment law firm Famighetti & Weinick PLLC is excited to announce the addition of team member, Elisa. Elisa joins the firm as our paralegal. Although we’re approaching Elisa’s one year anniversary, we’ve all been so busy that we weren’t able to write an official welcome blog, until today. Elisa’s…

Employees facing discrimination in the workplace must usually rely on statutes to sue their employers. Governments, however, must operate within the boundaries of the Constitution, including when the government acts as an employer. So, employees who work for a government, such as a state, town, city, or special district, may be able to bring legal…

No constitutional right is absolute. In the context of the First Amendment and free speech, the law regulates speech which defames another person. On Tuesday, August 6, 2019, in Palin v. The New York Times Company, the United States Court of Appeals for the Second Circuit decided a case involving the intersection of politics, gun…

The phrase “sexual harassment” has certainly been in the news lately. But, it may be hard to discern when an individual has been a victim of sexual harassment in the workplace, at least in the eyes of the law. The United States Supreme Court has established standards for courts to follow when analyzing sexual harassment…

On June 4, 2018, we blogged about a federal lawsuit concerning whether President Trump’s Twitter account invokes First Amendment concerns. We wrote about a federal District Judge’s decision in the lawsuit which held that the President’s twitter account is a public forum subject to First Amendment protections. Today, the Second Circuit Court of Appeals reviewed…

Title VII of the Civil Rights Act prohibits employers from discriminating and retaliating against employees. Employers who violate Title VII may be subject to a lawsuit in federal court. Before filing a lawsuit, however, employees who believe their employer has violated the law must file a charge of discrimination with the Equal Employment Opportunity Commission…

On May 1, 2019, United States District Court Judge Joan M. Azrack issued an ordered in a wage theft case filed by Long Island employment lawyers Famighetti & Weinick, PLLC in the Eastern District of New York. The case alleged that a Long Island food delivery service failed to pay overtime wages to two employees…

Earlier this month, we wrote about the intersection of medical marijuana use and employment discrimination laws. Based, in part, on this conflict, the New York City Council passed a law which would prohibit New York City employers from testing prospective employees for marijuana as part of the employer’s pre-hiring procedures. Today’s Long Island employment law…

In employment discrimination claims, courts generally apply one of two methods of analyzing the claims. In a mixed-motives analysis, plaintiffs must show the employer was motivated, at least in part, by a discriminatory animus. This is considered a more lenient standard. In but-for causation, the plaintiff must show that discrimination was the but-for cause of…

For federal workplace discrimination claims in New York, employees must file a charge of discrimination with the EEOC within 300 days of the discriminatory act in order to preserve their right to sue the employer. But, oftentimes for hostile work environment claims, the employee doesn’t reach a breaking point until after enduring perhaps months or…