Long Island Employment Law Blog

Resign or you will be fired. This ultimatum is often posed to employees. Employees in this position have to weigh many considerations, including the effect of the black mark of a termination, potentially waiving certain rights by resigning, and other effects to employment benefits based on how the separation from employment is categorized. Sometimes, the…

On March 6, 2020, the United States Court of Appeals for the Second Circuit, in New York, handed a gift to employees. The Court reviewed issues related to (1) hostile work environment claims and (2) the standard for retaliation claims. On both issues, the Court’s decision came out highly favorable for employees. Today’s Long Island…

As coronavirus fears continue to spread throughout the country, workplaces are struggling to decide how to prevent possible outbreaks in their work forces. Indeed, Seattle based tech giants Amazon, Google, Facebook, and Microsoft are closing offices and asking employees to work from home. But, discussions about employees’ medical conditions necessarily invokes concerns about disability discrimination…

The news headlines are inundated with buzzwords such as sanctuary cities, illegal aliens, and immigration laws. Indeed, “illegal aliens” and immigration issues are at the forefront of political issues confronting the nation. One of the most sensitive areas of employment law which we see at our Long Island employment law firm is the employment of…

Long Island litigation attorney Peter Famighetti obtained a monumental victory for his client, a small business owner. Famighetti defeated a plaintiff’s attempts to restrict the way the business owner operated his business and received profits from the business. Today’s blog discusses the dispute, Famighetti’s work to obtain a favorable result for his client, and the…

The Fair Labor Standards Act requires that employers pay to employees minimum wage and overtime. When employers violate the FLSA’s requirements, employees may sue the employer to recover the unpaid wages. Since 2015 when the Second Circuit Court of Appeals decided Cheeks v. Freeport Pancake House, courts have been required to scrutinize agreements settling FLSA…

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with investigating and prosecuting claims of discrimination arising under federal law. Generally, federal law prohibits workplace discrimination on the basis of sex, race, national origin, religion, color, disability, age, and genetic information. Further, federal law prohibits employers from retaliating against employees who report or…

The Fair Labor Standards Act (FLSA) is a federal law which requires that employers pay overtime pay to employees. Generally, overtime pay equals one and one half times an employee’s regular rate of pay. But, not all employees are entitled to overtime pay. The FLSA sets forth various exemptions to the overtime pay requirement. One…

On December 6, 2019, the the United States Court of Appeals for the Second Circuit decided an important case which clarifies the law concerning settling federal wage and hour cases. Today’s Long Island employment law blog takes a look at this decision. In 2015, the United States Court of Appeals for the Second Circuit issued…

Long Island employment lawyers Famighetti & Weinick PLLC have obtained a $221,980 judgment against a Long Island metal fabrication company and its owner. The judgment in this sexual harassment and retaliation case was issued after an inquest on damages, held in Suffolk County Supreme Court in September 2019. The New York State Human Rights law…