Peter J. Famighetti is a Long Island employment lawyer and a founding partner of the Long Island employment law firm of Famighetti & Weinick, PLLC. Today’s employment law blog highlights Peter’s work and experience in the field of employment law. Peter attended Hofstra Law School and was admitted as an…
In October 2015, Long Island employment lawyers, Famighetti & Weinick, PLLC, filed a lawsuit alleging that a Long Island gas station did not pay their client overtime for the 35 hours per week that he worked overtime. The firm also alleged that the gas station did not provide the client…
The National Labor Relations Act (the NLRA) is a federal law that, among other things, protects the rights of employees and encourages collective bargaining among employees for better terms and conditions at work. The NLRA also imposes a duty of fair representation which means that labor unions have an obligation…
The Family Medical Leave Act (“FMLA”) is a federal law which allows eligible employees to take a leave of absence from work for several reasons such as when dealing with a serious health condition of the employee or their family. FMLA Retaliation and Interference On July 19, 2017, in Woods…
Employers are prohibited from discriminating against its employees based, among other things, on race, gender, religion, national origin, disability, age, sexual orientation, or familial status. Employers are also prohibited from retaliating against its employees. This means that an employer cannot punish an employee for engaging in legally protected activity. For…
The Family Medical Leave Act (“FMLA”) is a federal law which allows eligible employees to take a leave of absence from work for several reasons such as when dealing with a serious health condition. The FMLA prohibits an employer from interfering, restraining, or denying an employee’s right to exercise a…
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…
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…
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 &…
Sexual orientation “is a form of sex discrimination” — so ruled a federal appellate court in Illinois. This is a departure from rulings from other appellate courts across the country which had determined that Title VII does not prohibit discrimination on the basis of sexual orientation. The Seventh Circuit’s decision…