Long Island Employment Law Blog

Whether a worker is an independent contractor or an employee is a question with important implications. Employers who misclassify their workers may be liable for workers’ compensation penalties, wage and overtime claims, and unemployment insurance penalties. Simply paying an employee on a 1099 does not mean that the worker is an independent contractor. The ride…

To start a federal discrimination or retaliation lawsuit, a plaintiff must file a complaint with the court. The complaint is a document which states the facts which the plaintiff alleges add up to causing the defendant to be liable to the plaintiff. In Federal courts, the complaint must set forth enough facts to make the…

On May 30, 2017, New York City passed a new law that will affect the retail and fast food industry in the city. This new law, which will be effective on November 26, 2017 includes five separate bills and is part of the Fair Workweek legislation package signed by Mayor Bill De Blasio. Nearly one…

The First Amendment protects many important rights, including the right of assembly. Like other First Amendment rights, however, this right is not absolute. On June 8, 2017, the Second Circuit Court of Appeals decided a case about how far a public school can go in limiting one’s right of assembly. JD WAS BULLIED IN SCHOOL…

Are teachers in educational settings other than primary schools, secondary schools, or colleges entitled to receive minimum wage for out-of-classroom work and/or overtime pay when their classroom and out-of-classroom work exceed forty hours per week? New York’s highest federal court recently said “NO!” The following facts are taken from Fernandez v. Zoni Language Ctrs., Inc.…

Long Island employment lawyer Matthew Weinick, will be returning to Hofstra Law School in Fall 2017 as a Special Instructor. For the third year in a row, Weinick will be instructing a section of the second year course “Foundational Lawyering Skills.” Hofstra Law School is located in Hempstead, New York. Several years ago, the law…

The New York State Human Rights Law and New York Corrections Law prohibit employers from discriminating against employees on the basis of the employee’s prior criminal conviction status. In August 2016, New York’s federal appellate court was faced with three questions arising from a criminal conviction discrimination case. The federal court asked New York’s highest…

An employee called his boss a “NASTY MOTHER F***ER” on Facebook and further wrote about the boss: “F*** his mother and his entire f***ing family.” His boss fired him. Was this a wrongful termination? The answer may be surprising. Today’s employment law blog from Long Island employment lawyers Famighetti & Weinick PLLC explains. The following…

Famighetti & Weinick, PLLC are employment lawyers serving Garden City New York. Famighetti & Weinick handles a wide range of employment law matters including discrimination, retaliation, and recovering unpaid minimum wage and overtime for employees. Employment Discrimination in Garden City Employees in Garden City continue to face discrimination in employment. Sex discrimination in Garden City…

Famighetti & Weinick, PLLC are employment lawyers serving Freeport New York. Famighetti & Weinick handles a wide range of employment law matters including discrimination, retaliation, and recovering unpaid minimum wage and overtime for employees. Employment Discrimination in Freeport Employees in Freeport continue to face discrimination in employment. Sex discrimination in Freeport can happen when an…