Employment Law Solutions Berlingieri Law, PLLC provides legal services to employees with workplace problems.

Discrimination and Harassment

Berlingieri Law, PLLC provides legal services to employees suffering from all types of employment discrimination and harassment at work.

Wage and Hour Disputes: Overtime and Minimum Wage

Berlingieri Law, PLLC provides legal services to employees who are not being compensated properly at work – victims of wage theft.

Employment Legal Services in: New York and Connecticut

Berlingieri Law, PLLC provides legal services in New York and Connecticut.

Responsive

Berlingieri Law, PLLC is there when you need them to be.

nyctlaw.com Law Blog Latest Blog

Will the Supreme Court decide if sexual orientation is protected in the workplace under Title VII?

The Supreme Court may decide “Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.”

Altitude Express Inc. v. Zarda
Docket No.17-1623.Pending Petition

The Supreme Court may want to take up the Zarda question to avoid an inevitable Circuit-Split and incongruous application of Title VII.  

The last conference for the selection committee of Justices could have granted the Zarda petition for certiorari should be heard by the 9 Justices was set for December 3, 2018, however it has since been rescheduled.  

The Supreme Court will have to decide whether it wants to hear the Second Circuit case in its upcoming 2019 term.


  Open Sans

New Push for $15.00 Minimum Wages After Mid-Term Elections

Minimum wages laws could be changing nationwide in the upcoming legislative sessions.  As the new year approaches and this year’s legislative sessions wind down, we look to the future of Minimum Wage laws.

Congressional lawmakers in Washington may seek to raise the federal minimum wage in the upcoming sessions of congress. The current federal minimum wage $7.25 an hour for close to 10 years. Congress members may introduce a new or modified version of the the Raise the Wage Act,  to raise the federal minimum progressively to $15.00 over 7 years.  The law will allow employers time to plan and may lead to job cuts.

The Raise the Wage Act seeks to set automatic increases to the minimum wage linked to median wage growth for the U.S. labor work force. The the Raise the Wage Act, would  progressively eliminate the lower minimum wage for waiters and servers and bartenders and other tipped workers. The tipped workers now make far less in minimum wages per hour. The Raise the Wage Act also provides protections for disabled workers who are often paid less than the minimum wage. The Raise the Wage Act seeks to offer protections for low wage workers.

Local lawmakers in cities across the us including Milwaukee Wisconsin and Detroit Michigan passed $15.00 minimum wage laws in the November 2018 elections.

Other states may be compelled to raise their own minimum wages as more municipalities make the choice to raise minimum wages to $15.00 per hour.  New York is on track to be a $15.00 minimum wage state in the coming years.

If  you have minimum wages questions or have been denied pay or wages or minimum wage or overtime pay, contact Berlingieri Law, PLLC for a free consultation.


  Open Sans

New Supreme Court Justice Brett Kavanaugh Confirmed to Supreme Court

Brett Kavanaugh is confirmed to the United States Supreme Court by the Senate and sworn in as Associate Justice by his predecessor and former boss Associate Justice Anthony Kennedy in a  ceremony at the White House with President Trump and his family.  Claims of sexual harassment and misconduct should be taken seriously and investigated.  Unsupported claims  and inconsistencies in testimony of purported accusers are to be treated with suspicion and all the facts need to be clear.

 

Despite the politicized and spurious allegations brought forth by Kavanaugh and the President’s opponents, Kavanaugh is sworn in as the newest member of the United States Supreme Court, filling the seat of retired Justice Kennedy. The Kavanaugh confirmation shows us that outlandish and unsupported claims of sexual misconduct are dismissed and not worth pursuing.

 

The 9 member panel of Justices seek to hear new cases before the SCOTUS in its fall term. Employment issues and Employment law may be decided.

 

Kavanaugh could rule in favor of employee rights and could uphold religious freedoms of individuals under the First Amendment.  Kavanaugh’s addition to the bench along with Associate Justice Neil Gorsuch give individual rights supporters a needed boost in the Nation’s highest court.

 

Employment law may be affected in terms of expanding individual rights under the law in employment. However the plain meaning of statutes like Title VII  and the limitation of overreaching district courts and circuit courts may be reigned back by the new dynamic on the supreme court. Chief Justice John Roberts swears Kavanaugh in below (officially).


  Open Sans