On April 17, 2024, the Supreme Court of the United States issued a decision in the case Muldrow v. City of St. Louis. The decision is monumental in that it materially alters the requirements that employees must satisfy to prove unlawful workplace discrimination. If you’re thinking that the current conservative leaning SCOTUS ruled in favor of employers, you would be wrong. Read today’s Long Island employment law blog to learn about the Muldrow decision and its impact on employment discrimination cases across the nation. In Muldrow, the female plaintiff was a plain clothes police officer assign ..read more

2024 has seen New York’s federal appellate court, the Second Circuit Court of Appeals, issue a string of employee friendly decisions. We have blogged about some of these decisions previously. On March 26, 2024, the Second Circuit decided an employment discrimination case which clarifies how trial courts should analyze discrimination cases. As we discuss in today’s Long Island employment law blog, the decision should result in more discrimination cases getting to trial. In Bart v. Globus Corporation, the employer, Globus Corp., accused an employee, Elaine Bart, of falsifying food logs, maintain ..read more

An often misunderstood part of America’s guarantee of “free speech” is that the Constitution (the source of free speech rights), restricts only the government’s ability to regulate speech. Private citizens are not prohibited from restricting speech. For example, a restaurant owner may deny service to a customer who is wearing a political shirt which the owner finds offensive. But, the city in which the restaurant is located cannot pass an ordinance which requires restaurants to deny service to customers who wear a shirt which supports a specific political party. Thus, for an individual to have ..read more

One of the difficulties in employment retaliation cases is determining whether an action an employer has taken can be deemed retaliation under the law. This is because not every action which an employer takes against an employee can constitute a retaliatory act, even if the employer acted with a retaliatory motivation. For instance, a verbal reprimand which does not constitute discipline is typically not considered adverse enough to constitute unlawful retaliation. On February 15, 2024, New York’s highest court, the Court of Appeals, issued a decision which discusses how courts should evaluate ..read more

Employment laws in New York are complex and always evolving. In 2024, various existing employment laws will see changes take effect. In addition, some entirely new laws will take effect. Today’s Long Island employment law blog will take a look at some of the changes so that employers can consider compliance options and so that employees understand their rights. The Freelance Isn’t Free Act A hotly contested issue in employment law is whether workers are independent contractors or employees. Many employers try to categorize workers as independent contractors to avoid many of the legal obligatio ..read more

On November 1, 2023, the employment law firm Famighetti & Weinick PLLC, launched a revamped website in preparation for its 10th anniversary year. F&W anticipates that the brighter, fresher look to the website will enhance users’ experiences, while continuing to provide quality content about both the firm’s services, and employment law topics. In 2014, F&W opened its doors. As part of its branding, F&W embraced brown colors to invoke a sense of traditional law firms’ offices which typically use woods to adorn entrances, hallways, and conference rooms. From the earliest iteration ..read more

Title VII of the Civil Rights Act of 1964 prohibits various forms of workplace discrimination, including discrimination based on sex, race, religion, and national origin. Title VII also includes an anti-retaliation provision which protects employees who complain about or oppose conduct which is unlawful under Title VII. This is referred to as engaging in protected activity. To prove a discrimination or retaliation claim in court, an employee must prove, among other things, that he or she suffered an adverse action. At Famighetti & Weinick PLLC, we typically describe this requirement as hav ..read more

On August 25, 2023, the United States Court of Appeals for the Second Circuit upheld a judgment of $17.78 million which was rendered in favor of EMTs and Paramedics who worked for the City of New York. The case arose based on the EMTs’ and Paramedics’ allegations that they worked overtime hours, but were not compensated for that work. Today’s Long Island employment law blog takes a closer look at the facts of the case – Perry v. City of New York, the reasons the City appealed the jury’s verdict, and the reasons the Court upheld the judgment. 2,519 EMTs and Paramedics who worked for the City of ..read more

On August 24, 2023, the Honorable Philip M. Halpern administered the judicial oath of office to employment lawyer Matthew Weinick, marking Weinick’s appointment to the panel of mediators serving the United States District Court, Southern District of New York. As a panel mediator, Weinick will be randomly selected to serve as a mediator for cases designated for court ordered mediation. Mediation is a form of alternative dispute resolution. Rather than the formal, rigid structure of court proceedings, mediation is an informal and confidential way for plaintiffs and defendants to meet to try to r ..read more

In a sex discrimination case filed by New York employment lawyers Famighetti & Weinick PLLC, the New York State Division of Human Rights has issued a determination of Probable Cause. This means a judge will hold a hearing to determine liability and damages. Today’s Long Island employment law blog discusses the case and the decision. The foregoing is taken from the filed charge of discrimination, and the Division’s investigation report: F&W filed a charge of discrimination with the New York State Division of Human Rights (NYSDHR), on behalf its client, a former volunteer firefighter who ..read more