Long Island Employment Law Blog

June 2, 2017

Teacher Overtime Case Decided

Are teachers in educational settings other than primary schools, secondary schools, or colleges entitled to receive minimum wage for out-of-classroom work and/or overtime pay when their classroom and out-of-classroom work exceed forty hours per week? New York’s highest federal court recently said “NO!”

The following facts are taken from Fernandez v. Zoni Language Ctrs., Inc. decided by the Second Circuit Court of Appeals on May 26, 2017.

The plaintiffs were English Language instructors at a private, for-profit institution offering English classes to adult students. The teachers argued that their employer, Zoni Centers, was required to pay them minimum wage for hours worked outside of the classroom, such as when preparing for class and grading work, and overtime hours when their classroom and out-of-classroom work exceeded forty hours per week. The District Court held that although employers are generally required by the Fair Labor Standards Act (“FLSA”) to pay employees minimum wage and overtime, teachers are considered bona fide professionals exempt from these FLSA requirements. Thus, Zoni Centers was not required to abide by the general FLSA requirements.

May 23, 2017

Weinick to be Special Instructor

by Famighetti & Weinick

Long Island employment lawyer Matthew Weinick, will be returning to Hofstra Law School in Fall 2017 as a Special Instructor. For the third year in a row, Weinick will be instructing a section of the second year course “Foundational Lawyering Skills.”

Hofstra Law School is located in Hempstead, New York. Several years ago, the law school began requiring its second year law students to complete the Foundational Lawyering Skills class. According to the Hofstra Law School catalog, the course was designed to “provide students with a basic introduction to core lawyering skills essential to effective practice in a variety of areas (trial practice, litigation, transactional lawyering, alternative dispute resolution, etc.).”

The course has traditionally been divided into two classes per week, one lecture day and one skills day. Weinick has taught the skills days, reviewing with students lawyering techniques such as client interviews, and depositions, as well as trial skills such as opening statements, closing arguments, and direct and cross examinations. Additionally, classes have involved other lawyering skills such as fact gathering and fact presentation.

May 5, 2017

Criminal Conviction Discrimination Case

by Famighetti & Weinick

The New York State Human Rights Law and New York Corrections Law prohibit employers from discriminating against employees on the basis of the employee’s prior criminal conviction status. In August 2016, New York’s federal appellate court was faced with three questions arising from a criminal conviction discrimination case. The federal court asked New York’s highest court for help in deciding the issues. On May 4, 2017, New York’s Court of Appeals issued a decision discussing who can be liable for criminal conviction discrimination in New York.

The facts below are taken from the cases Griffin v. Sirva, Inc. decided by the Second Circuit Court of Appeals and the New York Court of Appeals.

Griffin v. Sirva

April 28, 2017

Union Retaliation Case

by Famighetti & Weinick

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 & Weinick PLLC explains.

The following facts are taken from NLRB v. Pier Sixty, LLC, a case decided by the Second Circuit Court of Appeals on April 21, 2017.

Hernan Perez was a server for Pier Sixty, a catering company. In 2011, Pier Sixty’s employees sought union representation. The organizing campaign was “tense,” with management threatening employees that they could be fired for union activities. Nonetheless, the employees unionized via a vote on October 27, 2011.

April 17, 2017

Employment Lawyers Garden City

by Famighetti & Weinick

Famighetti & Weinick, PLLC are employment lawyers serving Garden City 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 Garden City

Employees in Garden City continue to face discrimination in employment. Sex discrimination in Garden City 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.

April 17, 2017

Employment Lawyers Freeport

by Famighetti & Weinick

Famighetti & Weinick, PLLC are employment lawyers serving Freeport 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 Freeport

Employees in Freeport continue to face discrimination in employment. Sex discrimination in Freeport 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.

April 17, 2017

Employment Lawyers Carle Place

by Famighetti & Weinick

Famighetti & Weinick, PLLC are employment lawyers serving Carle Place 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 Carle Place

Employees in Carle Place continue to face discrimination in employment. Sex discrimination in Carle Place 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.

April 11, 2017

Long Island Wrongful Termination Lawyers

by Famighetti & Weinick

Famighetti & Weinick PLLC are employment lawyers on Long Island, New York who handle cases of wrongful termination. Wrongful termination on Long Island can come in different forms, such as discrimination or retaliation.

Wrongful Termination in New York

Employees in New York are considered to work at-will. At-will employment means that employers can hire or fire employees for any reason or no reason at all. The reason, however, cannot be an unlawful reason. Because of employment at-will in New York, unlawful reasons are created by the passage of laws so there are only a few reasons which may considered wrongful termination in New York. An employer simply making up a reason, framing an employee, or believing one employee’s story over another, are generally not wrongful terminations. These acts, however, may be evidence of a wrongful termination and be used as evidence of discrimination or retaliation.

April 10, 2017

Long Island Retaliation Lawyer

by Famighetti & Weinick

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.

April 10, 2017

Overtime Pay in New York

by Famighetti & Weinick

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.