There are endless misconceptions about when the Constitution and the Bill of Rights apply. Often you hear people claim their Constitutional rights were violated, when in fact, there are no Constitutional rights at issue. For example, when someone is banned from Twitter or Facebook, they might complain that their “free speech” rights or “1st Amendment rights” are being violated. However, because Twitter and Facebook are privately owned companies, and are not government agencies or entities, the Constitution and the First Amendment do not apply because unlike the government, which cannot legally ..read more

Paying one’s employees their fair wages is governed by federal and state laws. An employer failing to pay his employees fully and fairly is liable to penalties as the employee stands to contest the unfair reimbursement and demand compensation. In addition, the Fair Labor Standards Act (FLSA) holds employers skirting around the law and paying their employees less than the minimum wage accountable and punishing them. Thus, if you’re confused about whether or not you should seek a wage and hour lawyer for your wages claim, here’s what you need to know. Who is a Wage and Hour Lawyer? A wage and ho ..read more

The police department is supposed to protect people and enforce the law to make the community a safer space. However, a vast majority of people in recent years have come forward against the brutality of law officers. Many incidents even turned into social movements, such as Black Lives Matter. Yet, despite the backlash and human rights campaigns, many people still have to face police misconduct and feel powerless. So, if you believe that your rights have been violated and you have been a victim of police misconduct, consult with our experienced police misconduct attorneys in New York at Cohen ..read more

Enjoying a stress-free work environment is everyone’s fundamental right as an American citizen. However, despite stringent laws in place, the cases of sexual harassment at the workplace still continue to rise. There are many components to sexual harassment that are beyond a perpetrated criminal sexual contact. Therefore, it’s important to keep yourself informed of your rights and know that if you experience sexual harassment at the workplace, you can always reach out to a New York sexual harassment lawyer and fight for your right to fair and non-discriminatory work environment. At Cohen & ..read more

Being charged with a criminal case is anyone’s worst nightmare. If you find yourself charged with criminal drug possession, whether you were dealing on purpose, or you’ve been framed, the consequences can be devastating for you. Criminal possession is a charge in New York that has to be proven to be upheld in a court of law. By law, to be charged with criminal possession, one must have the item with both ‘control and intent’. Meaning, that if you have been charged with drug possession, the law enforcers must have found the substance on you, and also you must be aware of its presence or known t ..read more

An employer can fire an employee for any reason or no reason at all (in the states with the “at-will” clause in the employment contract.) However, if an employer punishes its employee for participating in certain lawfully protected activity, it qualifies as wrongful termination and unlawful retaliation. Although most federal employment laws protect employees on various grounds, still cases of retaliation by employers are rising alarmingly. Fortunately, employees can claim wrongful termination if their employers fire them unlawfully for exercising their rights. How to identify workplace retalia ..read more

Over the past few decades, the gender equality movements have made some major strides in empowering women to pursue the same work opportunities as men. The state and the federal government have established laws in the majority of the states that require employers to pay the same compensation to employees regardless of gender. As per the Title VII of the Civil Rights Act of 1964, employers are prohibited from employment discrimination on the basis of sexual orientation or gender identity. The laws state that people who are responsible for performing the same kind of job with similar qualificati ..read more

If your co-worker, employer, or even a client makes sexual advances towards you and makes you feel uncomfortable despite your objection, it is considered sexual harassment. Sexual harassment in the workplace is considered illegal as per the US federal laws, and legal action can be taken against such behavior. So, if the harasser does not stop their behavior even after your repeated warnings, you may want to file a sexual harassment claim against them to protect yourself. Federal laws are in place to protect employees from sexual harassment in the workplace. It is recommended to consult with an ..read more

False arrest is an arrest made without an appropriate warrant or under the lack of “probable cause” by an officer of the law. A false arrest may occur due to many reasons. If a person is suspected of doing a crime that they did not commit or are accused of false allegations, it may lead to false imprisonment. The victims of false arrest are often unaware of their rights, and without the right legal guidance, they end up spending years in jail. So, if you or your loved ones have been a victim of false arrest, it is best to consult with the False Imprisonment Attorneys at Cohen & Fitch for e ..read more