Long Island Employment Law Blog

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…

Employment laws in New York are complex and always evolving. In 2024, various existing employment laws will see changes take effect. In addition, some entirely new laws will take effect. Today’s Long Island employment law blog will take a look at some of the changes so that employers can consider compliance options and so that…

On November 1, 2023, the employment law firm Famighetti & Weinick PLLC, launched a revamped website in preparation for its 10th anniversary year. F&W anticipates that the brighter, fresher look to the website will enhance users’ experiences, while continuing to provide quality content about both the firm’s services, and employment law topics. In 2014, F&W…

Title VII of the Civil Rights Act of 1964 prohibits various forms of workplace discrimination, including discrimination based on sex, race, religion, and national origin. Title VII also includes an anti-retaliation provision which protects employees who complain about or oppose conduct which is unlawful under Title VII. This is referred to as engaging in protected…

On August 25, 2023, the United States Court of Appeals for the Second Circuit upheld a judgment of $17.78 million which was rendered in favor of EMTs and Paramedics who worked for the City of New York. The case arose based on the EMTs’ and Paramedics’ allegations that they worked overtime hours, but were not…

On August 24, 2023, the Honorable Philip M. Halpern administered the judicial oath of office to employment lawyer Matthew Weinick, marking Weinick’s appointment to the panel of mediators serving the United States District Court, Southern District of New York. As a panel mediator, Weinick will be randomly selected to serve as a mediator for cases…

In a sex discrimination case filed by New York employment lawyers Famighetti & Weinick PLLC, the New York State Division of Human Rights has issued a determination of Probable Cause. This means a judge will hold a hearing to determine liability and damages. Today’s Long Island employment law blog discusses the case and the decision.…

When employers offer severance pay to a terminated employee, the employers typically require that, before receiving the pay, the employee sign a severance agreement. Severance agreements primarily are used to obtain a waiver from the employee of any legal claims the employee may have had against the employer, known as a general release. But, many…

The Fair Labor Standards Act is a federal law which requires employers to pay certain employees a minimum wage and overtime. Like most laws, the FLSA contains various exemptions. On February 22, 2023, the Supreme Court of the United States issued a decision in the case Helix Energy Solutions Group, Inc. v. Hewitt, an FLSA…