Long Island Employment Law Blog

On September 12, 2017, Long Island employment lawyer Matthew Weinick delivered a presentation to a packed meeting of the Nassau County Bar Association’s Labor and Employment Law committee. Weinick spoke about cases decided by the United States Second Circuit Court of Appeals in 2017. Issues decided by the Court and discussed by Weinick included the…

Long Island employment lawyer Matthew Weinick will be presenting a continuing legal education class about appellate decisions relating to employment law, decided in 2017. The class will take place at the Nassau County Bar Association on September 12, 2017. Employment Law Meetings From September through June, the Nassau County Bar Association’s Labor and Employment Law…

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 proper notice about his wages…

In 2009, the Town of Oyster Bay in New York passed a law prohibiting people from soliciting employment along roadways within the Town. Two public interest groups sued the Town alleging that the law violated the First Amendment’s protection of free speech. On August 22, 2017, the Second Circuit Court of Appeals upheld the trial…

The False Claims Act allows an individual to file a lawsuit on behalf of the government, against another individual or company who has defrauded the government. This type of lawsuit is called a qui tam action. If the person bringing the lawsuit wins, he or she may be entitled to receive up to 30% of…

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 to represent its employees fairly…

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 v. START Treatment & Recovery…

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 example, if an employee complains…

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 leave of absence under the…

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 an independent contractor. The ride…