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Judge Recommends $366,000+ Award for F&W Client

On August 23, 2016, United States Magistrate Judge Arlene R. Lindsay recommended that Famighetti & Weinick, PLLC’s client receive an award of more than $366,000 in actual and liquidated damages.  The recommendation is based on the client’s lawsuit alleging nearly five years of unpaid overtime from his former employer.

In issuing her recommendation Judge Lindsay found that F&W set forth “specific allegations as to the number of hours worked” and that the firm’s calculations of damages presented to the Court were “accurate and complete.”  Thus, she recommended an award of $155,667.37 for the client’s unpaid overtime and spread-of-hours wages and an additional $210,984.49 in combined liquidated damages under the Fair Labor Standards Act and the New York Labor Law.

The Court further recognized F&W’s partners, Matt Weinick and Peter Famighetti, as “experienced attorneys” with experience “primarily in employment litigation.”  Judge Lindsay noted that the Firm’s submissions to the Court were “detailed, thorough, and accurate and the work performed was reasonable and thoroughly documented.”  Accordingly, Judge Lindsay recommended that the F&W attorneys receive an hourly rate of $350 for their work.

The recommendation will be sent to District Judge Joseph Bianco for review.  Follow our blog for updates on Judge Bianco’s decision and links to Judge Lindsay’s decision.

If you have questions about unpaid overtime or wages, about Judge Lindsay’s recommendation, or about employment law, contact the employment lawyers at Famighetti & Weinick, PLLC at 631-352-0050 or visit our website at

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