The distinction between “Employee” and “Independent Contractor” can effect how you are paid, taxed, or even your eligibility for benefits....
#ABKLaw IN THE NEWS: HON. BARRY KAMINS New York Law Journal / Law.com: A Return to Independent State Constitutionalism "The Court of Appeals recently added to its rich and diverse history of decisions that have afforded greater protection to New York citizens in the area of...
Commentary What Would John Adams Say About Cancel Culture? Adams recognized early on the significance of the role of courts in society and their importance as the last protector of individual rights against the abuses and excesses of government. Yet the first and most essential protector of...
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...
ARE YOU A TIPPED EMPLOYEE? Employees who make part of their earnings through tips are protected by the Fair Labor Standards Act (FLSA). Any employer who participates in tip based wages must guarantee a minimum of $2.13 per hour. If the sum of the Employees tips...
‘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...
WHAT IS THE FLSA? The Fair Labor Standards Act, or FLSA, establishes workplace standards such as: minimum wage, overtime pay, record keeping, and child labor for full-time and part-time workers in the private sector and in Federal, State, and local governments.The FLSA was established in 2009 to...
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...
#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...
LANDMARK DECISION ESTABLISHING LGBTQ RIGHTS UNDER TITLE VII OF THE CIVIL RIGHTS ACT. Yesterday, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County extending the employment protections under Title VII of the Civil Rights Act to sexual orientation, thus...
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