UNDERPAID FOR OVERTIME? In 2017, an estimated 2.7 Billion overtime dollars went unpaid to workers. There are many ways Employers avoid paying overtime to employees, such as misclassifying workers, not keeping accurate records, or even through intimidation. You have the right to be paid for the...
‘Braking’ News: Court of Appeals Tackles Trio of Automobile Cases In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle stops: The court clarified the legal standard required for both a traffic stop as well...
In a case involving a tragic motor vehicle accident on the Brooklyn Queens Expressway (BQE) that resulted in the death of a passenger, Barry Kamins and Michael Jaccarino successfully convinced the Judge in Kings County Supreme Court to dismiss the top charge. In New York, if...
Appellate Review of Credibility Determinations at Suppression Hearings In People v. Nettles, an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing. While it is axiomatic that appellate courts will give great deference to credibility determinations made at a suppression...
New Legislation Implementing Police Reform in New York In the wake of an historic wave of protests, sparked by the death of George Floyd, New York became one of the first states to enact an expansive package of police reform bills. In addition, the New York...
#ABKLaw IN THE NEWS: Entertainment Weekly "Attorney Alan Dershowitz demands apology for The Good Fight's Jeffrey Epstein episode In a letter sent to CBS, Dershowitz's attorney Imran H. Ansari, Esq., of Aidala Bertuna & Kamins PC, outlines why Dershowitz believes the episode "is tortious and constitutes both defamation per se...
BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: Employers Could Face Audits and Criminal Liability After Receiving Federal Assistance During COVID The CARES Act, passed during the recent COVID-19 health crisis, made available over $2 trillion in economic stimulus, aid loans and relief to individuals, state...
Bail, Discovery and Speedy Trial: The New Reforms In the midst of an historic pandemic, the Legislature enacted amendments to sweeping legislation it had enacted last year: limitations on monetary bail; expansion of discovery in criminal cases; and the enhancement of the right to a statutory...
While the press has been reporting this week that Michael Cohen - Donald Trump’s former lawyer, as well as former Republican State Senate Majority Dean Skelos, will be released from federal prison, another Aidala, Bertuna & Kamins client will also be released. These releases, along...
Earlier today, our Partner Michael Jaccarino was able to secure the release of an #ABKLaw client who had been incarcerated on Rikers Island for the past several months. The client, who had been arrested twice and charged with several felony and misdemeanor offenses, was facing...