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Articles Posted in long island employment lawyers

Penalties for Unpaid Wages in New York
Famighetti & Weinick

Employers in New York cannot willfully turn their backs to the state’s minimum wage and overtime laws and expect to get away with it. Courts or the Department of Labor are likely to impose hefty fines or penalties. Today’s employment law blog discusses the penalties employers on Long Island and in the rest of the…

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Supreme Court Decides Case About Arbitration in Employment Cases
Famighetti & Weinick

Unpaid wage and overtime lawsuits are often brought as class actions or collective actions. This way, many employees can band together and use the power of numbers to take on powerful corporations. But, on May 21, 2018, The U.S. Supreme Court practically slammed its doors directly in employees’ faces while providing an easy escape route…

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“Drumbeat of Retaliation” Case Decided
Famighetti & Weinick

Retaliation in the workplace is illegal. The law protects employees who speak up when they believe the employer discriminated against them because of a protected characteristic such as race, gender, age, disability, religion, or national origin. Employers cannot try to “get back” at the employee by negatively affecting his or her job such as by…

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First Amendment Retaliation From Union Activity
Famighetti & Weinick

The First Amendment of the United States Constitution protects, among other rights, the freedom of speech. An unsettled area of employment law in New York has been the question of how much protection does the First Amendment provide to public sector employees like police officers. Today’s Long Island employment law blog discusses a recent case…

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Employment lawyer Weinick to Teach Skills Class
Famighetti & Weinick

For the fourth consecutive year, Long Island employment lawyer Matt Weinick has been asked to return to Hofstra Law School to teach the Foundational Lawyering Skills class. Weinick will be designated as a Special Instructor to teach second year law students, commonly referred to as “2L’s.” According to Hofstra Law School’s website, the Foundational Lawyering…

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Employment Lessons From the Russia Investigation
Famighetti & Weinick

Special Counsel Robert Mueller’s investigation into possible collusion between the Trump campaign and Russia has been dominating the news. What, if anything, can the Russia investigation teach us about employment law? Today’s Long Island employment law blog discusses the one clear answer — tell the truth. The presidency may be a politically elected position, but…

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Did #MeToo Inspire Sexual Harassment Complaints?
Famighetti & Weinick

In 2017, the #MeToo movement trended across social media and in the news. Generated from reports of rampant sexual harassment over the course of many years in Hollywood, the social media hashtag #MeToo became popular as a way for victims to come forward with their stories and for others to show their support for victims…

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Are Service Advisors in New York Entitled to Overtime?
Famighetti & Weinick

The federal Fair Labor Standards Act (“FLSA”) and the New York State Labor Law (“NYLL”) require employers to pay employees overtime whenever they work over 40 hours in a workweek. The overtime pay rate, under both laws, is 1.5 times the regular rate of pay. So, for example, if an employee’s regular hourly rate is…

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Class Arbitration of Employment Disputes in New York
Famighetti & Weinick

Some employment contracts contain arbitration clauses requiring legal disputes to be resolved through arbitration as opposed to a court proceeding. Arbitration differs from a court proceeding in several ways. For example, arbitration is generally less formal, less expensive, and quicker than a typical court proceeding. A significant drawback to arbitration, however, is the difficulty in…

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Court Decides Unfair Labor Practices Case
Famighetti & Weinick

The National Labor Relations Act (“NLRA”) grants several rights to a wide array of employees in the private sector regardless of whether or not the employee is part of a union. For example, the NLRA allows covered employees to join as a group in an effort to address and improve the terms and conditions of…

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