Long Island Employment Law Blog

Courts can only hear cases over which they have jurisdiction. For example, a family court could hear a divorce case, but not a breach of contract case. A surrogate’s court in New York can probate a will, but it cannot award damages in a personal injury case. Today’s Long Island employment law blog discusses the…

The First Amendment’s freedom of speech guarantee remains a hot topic in the courts. The First Amendment lawyers at Famighetti & Weinick PLLC handle First Amendment cases ranging from employment retaliation to retaliation against private citizens. Today’s Long Island civil rights blog discusses retaliatory arrests and the effects of government officials censoring speech. The Constitution…

How much is an employment discrimination lawsuit worth? As Long Island employment lawyers, this is a frequent question we hear from victims of unlawful workplace discrimination in New York. Victims of discrimination may be able to recover several categories of damages which comprise the total amount that an employment discrimination lawsuit may be worth. Today’s…

Can an employer fire an employee for activities in which the employee engages outside of work? Like most legal questions, the answer is that it depends. Today’s Long Island employment law blog discusses whether New York employees are protected for engaging in activities outside of work. Generally speaking, New York employees are considered at-will, meaning…

Long Island employment lawyer Matthew Weinick has been named Vice-Chairperson of the Nassau County Bar Association’s (NCBA) Labor and Employment Law committee. Weinick was appointed in July 2018 and he will serve during the association’s 2018/19 calendar year. The NCBA is an active bar association with more than 40 committees covering a wide array of…

Last week, Famighetti & Weinick PLLC posted a blog summarizing the Janus v. AFSCME union case which overturned the 1977 decision, Abood v. Detroit Board of Education. The majority decision held that employees who choose not to be part of a union but who nonetheless benefit from collective bargaining results are no longer required to…

A New York company operates a website whereby users can place delivery orders from local stores and restaurants. The company uses couriers to pick up the orders and deliver them to the customers. Are these couriers employees under New York law? Today’s Long Island employment law blog discusses how a New York appellate court came…

On June 27, 2018, social media and news outlets went crazy when the Supreme Court decided Janus v. State, County, and Municipal Employees. Many posters and commentators argued that the decision constituted an assault by SCOTUS on unions. From a strictly legal perspective, however, Janus decided a question related to the First Amendment’s free speech…

When two legal rights collide, how does the court pick a side? The United States Supreme Court’s ruling on June 4, 2018, in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, made it clear that it is not an easy decision. Today’s Long Island civil rights blog discusses whether a baker can rightfully turn down…

The right to freedom of speech is a core value guaranteed by the First Amendment to the United States Constitution. The First Amendment, however, regulates only government action, not private citizens or private companies. Today’s Long Island civil rights blog discusses whether President Trump’s twitter feed is a public forum subject to protections of the…