Articles Posted in Uncategorized

Retaliation takes many forms in Long Island’s workplaces.  Employees can face demotions, terminations, reductions in pay, or employers will refuse to promote employees as retaliation for employees complaining about discrimination or for engaging in other protected activity.  Famighetti & Weinick PLLC are employment lawyers on Long Island, New York who can assess cases of workplace retaliation.

Retaliation in Suffolk and Nassau Counties Long Island

Retaliation can and does take place in Long Island’s workplaces.  Only certain activities, however, can trigger protections against workplace retaliation on Long Island. The federal anti-discrimination statutes provide protections.  For example, Title VII of the Civil Rights Act protects employees who complain about or oppose discrimination.  It further protects employees who participate in EEOC discrimination investigations or testify in discrimination lawsuits. The Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA), all have similar protections for employees who exercise rights under the statutes.

The Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) require that most employees receive overtime pay for all hours worked over 40 in a workweek.  Overtime pay is one and one half times the regular rate of pay.  Famighetti & Weinick PLLC are employment lawyers in New York and handle many of the issues discussed below relating to overtime pay in New York.

Who is Entitled to Overtime Pay in New York?

Only employees may be entitled to overtime pay.  In other words, independent contractors are not employees and are, therefore, not entitled to overtime pay.  Employers, however, frequently misclassify workers as independent contractors.  Simply paying an employee “on a 1099” is not the end of the inquiry as to whether a worker is an independent contractor.  As a matter of fact, being paid on a 1099 is probably the least important factor.  Rather, courts will look at the level of control that the employer has over the worker, the worker’s ability to set work hours and pay, who supplies the tools and equipment, and the permanency of the work.  The more control it appears that the employer has over the worker, the more likely it is that the worker is an employee and not an independent contractor.

The Equal Employment Opportunity Commission (“EEOC”) is a federal agency charged with investigating and enforcing the federal anti-discrimination workplace laws, such as Title VII, ADA, ADEA, and GINA.  These laws prohibit discrimination on the basis of race, sex, national origin, religion, pregnancy, disability, age, and genetic information.  These laws also prohibit employers from retaliating against employees who complain about discrimination.

Charge of Discrimination

The EEOC can start an investigation when an employee files a charge of discrimination with the agency.  The charge must contain the employee’s name and contact information, the employer’s name and contact information, the total number of employees employed, a description of the discrimination including when the events took place, the basis of discrimination (i.e. race, religion, age), and a signature.  The charge can be filed in person, by phone, or by mail.  In New York, the EEOC charge must be filed within 300 days of the event which gave rise to the discrimination.  This deadline can vary between states so if you are not in New York, you should check with your local EEOC office.  New York’s EEOC office is located on Whitehall Street in Manhattan.

Many of New York’s public employees are protected by Section 75 of the Civil Service Law.  Public employees include employees of the state, counties, towns, villages, cities, and special districts such as fire districts, library districts, sanitation districts, and school districts.  The employment lawyers on Long Island of Famighetti & Weinick are experienced in Section 75 proceedings and may be able to help you understand your rights.

Section 75 Protections

Section 75 sets forth protections for certain public employees.  Section 75 prohibits the discipline or termination of a public employee except for incompetence or misconduct.  Thus, the law alters the traditional at-will employment rule by which employees can usually be terminated for any reason, as long as the reason is not illegal, such as discrimination.

Famighetti & Weinick, PLLC are employment attorneys on Long Island.  We represent employees in Nassau County and Suffolk County, such as in the communities of Hempstead, Glen Cove, Huntington Station, Melville, Bay Shore, Central Islip, Farmingdale, Freeport, Elmont, Brookhaven, and Brentwood.  Famighetti & Weinick handles a wide range of employment law matters including discrimination, retaliation, and recovering unpaid minimum wage and overtime for employees.

Employment Discrimination on Long Island

Employees on Long Island continue to face discrimination in employment.  Sex discrimination on Long Island can happen when an employer treats one particular sex different than another.  For example, an employer may promote only men instead women.  Another growing type of discrimination is gender discrimination and gender stereotype discrimination.  An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.

The Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL) require that employers provide reasonable accommodations to employees with disabilities.  The requirement to provide reasonable accommodations applies to most employers on Long Island.  Failure to give an accommodation can result in disability discrimination on Long Island.

Employees with Disabilities

Disability is a legal term of art which is defined differently depending on which law is being applied.  For example, disability could be different for purposes of determining whether a person can receive Social Security disability benefits.  It is also defined differently under the federal and state disability statutes. Before an employer is required to give a reasonable accommodation, the employee must show that he or she is disabled within the meaning of the ADA or NYSHRL.

Famighetti & Weinick, PLLC are employment lawyers serving Suffolk County 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 Suffolk County

Employees in Suffolk County continue to face discrimination in employment.  Sex discrimination in Suffolk County can happen when an employer treats one particular sex different than another.  For example, an employer may promote only men instead women.  Another growing type of discrimination is gender discrimination and gender stereotype discrimination.  An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.

Famighetti & Weinick, PLLC are employment lawyers serving Nassau County 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 Nassau County

Employees in Nassau County continue to face discrimination in employment.  Sex discrimination in Nassau County can happen when an employer treats one particular sex different than another.  For example, an employer may promote only men instead women.  Another growing type of discrimination is gender discrimination and gender stereotype discrimination.  An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.

Famighetti & Weinick, PLLC are employment lawyers serving Farmingville 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 Farmingville

Employees in Farmingville continue to face discrimination in employment.  Sex discrimination in Farmingville can happen when an employer treats one particular sex different than another.  For example, an employer may promote only men instead women.  Another growing type of discrimination is gender discrimination and gender stereotype discrimination.  An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.

Famighetti & Weinick, PLLC are employment lawyers serving Bay Shore 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 Bay Shore

Employees in Bay Shore continue to face discrimination in employment.  Sex discrimination in Bay Shore can happen when an employer treats one particular sex different than another.  For example, an employer may promote only men instead women.  Another growing type of discrimination is gender discrimination and gender stereotype discrimination.  An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.

Contact Information