suzen Pettit

Arbitration Over Litigation; Why Employers Prefer It & Why You Should Be Wary

suzen Pettit | February 17, 2025 | Employment Law, Labor Law | arbitration, litgation, New York Labor Law

Most employment agreements contain provisions which require all disputes arising out of your employment to be resolved through arbitration: (Arbitration: a way to resolve a dispute outside of court. It's an alternative to litigation that's often faster and less expensive.) Arbitration is usually found toward the end of the contract in small print using language that is unfamiliar and perhaps meaningless to you. People usually think that if there is a problem with my job, I’ll just go to a …

Finally! The Pregnant Workers Fairness Act (PWFA) is Here to Help Employees

suzen Pettit | July 7, 2024 | Employment Law, PWFA | employment law, Pregnant Workers Fairness Act, PWFA

The long-overdue federal Pregnant Workers Fairness Act (PWFA), enacted in June 2023, requires employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. These requirements are similar to the Americans with Disabilities Act and New York’s own Human Rights Law but go further and are more specific, an important distinction. The PWFA also …

Is Your Special Needs Child’s Education Being Served by the Special Needs Laws?

suzen Pettit | March 15, 2024 | Education Law, Special Education Law | IDEA, Individuals With Disabilities in Education Act, special education law

There is a federal law that protects children who have special needs in education. The Individuals with Disabilities in Education Act (“IDEA”) requires school districts to identify, locate, and evaluate all children with disabilities in need of special education and related services. Once a child is classified as having special needs, the district must develop an individualized education program (“IEP”) tailored to the child's specific needs. If the district fails to provide a free appropriate …

Employers: Know the Differences Between the New York and Federal FMLA Guidelines

suzen Pettit | January 17, 2024 | Employment Law, FMLA | employment law, fmla, ny state family and medical leave act

As an employer, it's essential to have a clear understanding of the laws that govern employee leave, specifically those related to family and medical situations. The Family and Medical Leave Act (FMLA) at both the federal and New York State levels offers protections and obligations that affect how you manage your staff. Keep in mind that employers must comply with both the federal and State FMLA laws. Generally, complying with the New York State law will also suffice for compliance with the …

Does the New York’s New Non-Compete Law Limit or Eliminate Non-Compete Agreements?

suzen Pettit | December 11, 2023 | Employment Law, Labor Law | NY non-compete law

Recent legislation in New York has significantly changed the law on non-compete agreements. Bill 3100, which creates a new section in the New York State Labor Law, prohibits employers and employees from entering into non-compete agreements. NY Senate Bill 6748 would invalidate existing non-compete agreements. Both bills were signed into law in 2023. As a result, non-compete agreements are now generally banned in New York, with some exceptions, such as agreements that establish a fixed term of …

Are Ghost Guns Legal in New York State?

suzen Pettit | December 21, 2022 | Criminal Defense Law, Uncategorized | criminal defense, ghost guns

‘Ghost guns’ are seemingly flooding the country, being used in all sorts of horrible crimes from drug dealing to murder to robbery. The ghost gun earned its name because it bears no serial number, making it nearly impossible to trace. Typically, the ghost gun is made at home, by an amateur gunsmith, using parts purchased in a state where they are legal. For many years (long before “ghost guns” was a term of art), people across the country combined gun parts to build guns as a hobby. Of …

Is the New NYC Employment Law Targeting the Use of AI in Hiring a Good Thing?

suzen Pettit | March 11, 2022 | Employment Law, From the desk of Joe Carbonaro, Legal Articles |

New York City has enacted a law to prevent discrimination against people by robots, which is to take effect Jan. 2, 2023. The City Council has enacted a law to prevent bias by “Automated Employment Decision Tools.” According to Bloomberg News: "Employers in the city will be banned from using automated employment decision tools to screen job candidates, unless the technology has been subject to a “bias audit” conducted a year before the use of the tool." Is the …

NY State Employment Discrimination: It’s Not That Simple

suzen Pettit | June 4, 2021 | Employment Law | employment discrimination, employment law, job discrimination, ny state job discrimination, workplace discrimination

New York State and City anti-discrimination laws go significantly further than federal law to protect employees from discrimination by employers. New York protects more categories of people and makes proving some forms of NY state employment discrimination easier than current federal law. Here's the rundown of types of illegal, enforceable discrimination against employees New York employers are prohibited to discriminate based on: Race Color National origin Religion, sex (including …

Can NY Employers Require Their Employees to Get a COVID-19 Vaccine?

suzen Pettit | April 7, 2021 | COVID-19 employment guidelines, Employment Law | covid-19 vaccines

COVID-19 Vaccines: Can a NY employer require you to get one? And should they? The answer is generally, yes, but first we need to distinguish between a private sector employer and a public- state or city- employer. In the private sector, employers have the last say. The employee has a choice to make: either get the vaccination or resign. That being said, as of now, the government has not forced anyone in the private sector to get the vaccine. Remember, in the private sector the general rule is …

My Take on NY State Paid COVID-19 Vaccination and Family Leave Guidelines

suzen Pettit | March 29, 2021 | COVID-19 employment guidelines, Employment Law | NY State covid-19 employee guidelines

On March 12, 2021, Governor Cuomo signed into law a bill granting public and private employees paid leave in order to get a COVID-19 vaccine, specifically four hours per injection. The NY State Paid COVID-19 vaccination and family leave guidelines state that employees cannot be docked time for leaving the office to get a COVID vaccine for up to eight hours. Note: If an employee receives the Johnson & Johnson vaccine, which only requires one shot, obviously that employee is only entitled to …

If I Were Conducting the Trump Impeachment Trial Here’s What I’d Do

suzen Pettit | February 7, 2021 | Blog, Criminal Defense Law | criminal law

Democrats, bless their naïve little hearts, are trying to impeach Donald Trump using only the law while staying within the bounds of fairness and what’s relevant. That is very democratic of them; that being said, if they proceed this way, my prediction is they are bound to lose and no one is going to remember the trial. I’ve been a successful trial lawyer for 33 years. If I were conducting the Trump impeachment trial here's what I'd do : Step 1: Call Up the Sicknick Family to Testify My first …

New York Coronavirus (COVID-19) Workplace Rights

suzen Pettit | July 27, 2020 | Employment Law | coronavirus workplace rights, covid-19 employee rights

The New York State legislature is considering whether to enact a new law that would nullify any employment agreement in which the employee waives his or her right to sue the employer due to negligent management of the Covid-19 pandemic. What are your New York Coronavirus (COVID-19) Workplace Rights? Enacting this law would mean that employers would not be shielded from liability by having employees sign waiver forms before they can return to work during the coronavirus. If you as an employee, …

How the Fair Labor Standards Act Affects Small Businesses

suzen Pettit | February 26, 2020 | Employment Law, Labor Law, Uncategorized | employer rights, FLSA, labor law, NYLL

If you are a small business owner, there are some potential traps laid by New York's Labor Law (NYLL) and the federal Fair Labor Standards Act (FLSA) that even the most well-intentioned amongst you could fall prey to. The New York State Labor Law and the Federal Fair Labor Standards Act are powerful tools for employees' and their lawyers to seek damages for wages that might be due. Small businesses like restaurants, dry cleaners, grocery stores, construction contractors in specific trades, …

Statute of Limitations Extension Opens the Door for Adult Victims of Childhood Abuse

suzen Pettit | August 19, 2019 | Child Victims Act | CVA defense attorney, sexual abuse defense attorney

It’s been said all good things come to those who wait. For adult victims of childhood sexual abuse, their “good thing” may finally be here. New York recently joined the growing number of states extending the statute of limitations for filing lawsuits for sexual abuse. The statute of limitations extension opens the door for adult victims of sexual abuse to finally seek justice against attackers and peace of mind, after suffering years of silence. The Child Victims Act (or CVA), signed by Gov. …

Sweeping Changes to NY State Sexual Harassment Laws Will Help Victims

suzen Pettit | August 16, 2019 | Blog, Sexual Harassment | sexual harassment, sexual harassment in the workplace

Earlier this week, New York's law on sexual harassment was changed significantly. Governor Cuomo signed a bill extending the statute of limitations in which sexual harassment claims can be filed under New York State law to three years. This should not be confused with the other important New York law change pertaining to victims of child sexual abuse claims that was put into effect this week. A big week of victories for victims of sexual abuse. The statute of limitations change pertains to …

Blind Teacher Sues For Wrongful Termination

suzen Pettit | June 29, 2018 | Employment Law, Wrongful Termination |

A not-for-profit social service agency that provides services to foster care children and preschool education to three and four-year-olds is being sued by a blind special education teacher for wrongful termination against her employer and not providing her with a reasonable accommodation in order to keep her job. Mr. Carbonaro is representing the plaintiff for wrongful termination and discrimination. …

Workplace Gender Equality and the Fair Pay Act

suzen Pettit | January 26, 2018 | Employment Law | fair pay act, gender discrimination, gender pay gap, workplace gender equality

Workplace gender equality laws protecting women in gender discrimination cases have changed, making it easier for women who are victims of workplace gender discrimination to sue and have a chance of winning their case. Joe talks about it here: Known as the Lilly Ledbetter Fair Pay Act, this law was enacted by President Obama in January of 2009 , and essentially changes the statute of limitations to close an unfair wage gap . Now, the statute of limitations clock runs from the moment a woman …

New York Paid Family Leave: What you need to know

suzen Pettit | November 13, 2017 | Blog, Employment Law | employment law, family law, new laws, new york, nyc, paid family leave

Enacted in January of 2018, the underlying objective of the New York paid family leave program is simple: If you, as an employee, need to take time off, be it for medical illness, pregnancy, new parenthood, active duty deployment, or a distressing personal event, New York State will now pay you a ration of your salary in weekly installments for up to 12 weeks. This money stems from the portion of your salary that you would have been earning. What are the details of the NYPFL? Here's a summary of …

Hiring an Experienced NYC Criminal Defense Attorney: 8 Questions to Ask

suzen Pettit | October 3, 2017 | Blog, Criminal Defense Law | arrest, attorney, criminal defense, criminal defense lawyer, fraud, lawyer, violation

Often the hardest part of having a run-in with the law is finding an experienced criminal defense attorney who you can trust, who will do right by you, and who will be an advocate for your needs. When being charged with a criminal offense, this is also one of the most important parts of resolving your situation. Even though time is of the essence, when you are facing criminal charges it is imperative that you find a reputable attorney whom you can trust. Below are the 8 top questions to ask when …

Sexual Assault on Campus; The Realities of the Accused

suzen Pettit | September 26, 2017 | Blog, Criminal Defense Law, Sexual Harassment | campus safety, criminal defense, defense, sexual assault, sexual harrasment, sexual violence

Sexual Assault on Campus I recently represented a college student accused of sexual assault on campus. While no one would claim sexual invasion, aggression, violation, or assault is not a serious problem, I believe the procedures used in these proceedings are flawed and lack proper due process protections. Whatever you may think of Education Secretary Betsy DeVos, I believe that in this case, the realities of a student accused of sexual assault are not what you would expect, and not the same …

Arbitration Vs. Litigation in the Workplace

suzen Pettit | September 13, 2017 | Commercial Law, Labor Law, Legal Articles |

Shortly, the U.S. Supreme Court will entertain arguments in three important labor relations cases: National Labor Relations Board (NLRB) v. Murphy Oil, Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris. The cases will be argued and considered together because they share common legal and factual issues. In particular, the court will consider whether private sector employers can ban workers from bringing class action labor-related lawsuits against their employers, and force those …

Am I Being Sexually Harassed At Work? Here Are The Signs

suzen Pettit | March 24, 2017 | Employment Law, Sexual Harassment | employment law, sexual harrasment

Sometimes, being sexually harassed at work is not the blatant affair that we see on TV or in the movies. Unfortunately, this may mean that even after seeing it dramatized time and time again, we may be ill-equipped to deal with it effectively in real life. More often than not, sexual harassment comes in more subtle forms which, none- the- less will leave you feeling uncomfortable and vulnerable. It is important to remember that even though we so often see women as the victims of sexual …

Welcome to the New Carbonaro Law Website

suzen Pettit | December 1, 2016 | Blog, Education Law, Employment Law | education law, employment law, smart lawyering

We are proud to announce that after many months of hard work, Joe Carbonaro is launching a brand new website for Carbonaro Law! The new Carbonaro law website has been designed to reflect the needs of our visitors and to reflect Joe's mission of Smart Lawyering. Joe is a lawyer with more than 30-years of experience in both Criminal, and Civil Law. He specializes in Education Law, as well as Employment Related Matters, and we've incorporated separate pages of the website to each issue. Any visitor …

Can My Employer Fire Me Without Paying Severance Pay?

suzen Pettit | October 8, 2016 | Blog, Employment Law, Wrongful Termination | employment law, severance pay

If you've ever wondered" can my employer fire me without paying severance pay", the short answer is yes, without a doubt, unless you have an employment agreement that requires severance pay or are in a labor union which requires it or the equivalent (such as pay for unused sick or vacation time). That being said, don't panic. There are good reasons why employers prefer to pay severance. So...CAN my employer fire me without paying severance pay? Here's the nitty gritty: First, in exchange for …

How Parents Can Fight Bullying

suzen Pettit | October 7, 2016 | Blog, Bullying | bullying, cyber-bullying

Many parents do not know that most states are now adopting no-bullying statutes to help keep children safe in schools. The statistics of both in person and cyber- bullying are overwhelming, and as we see in the news, increasing. Recently a local news station profiled this important topic and gave NYC residents tips for how to handle a bullying issue with your child. How parents can fight bullying View the video about bullying in NYC. You can also learn more about bullying and see how Carbonaro …

How to Secure Your Child’s Education Rights Under IDEA

suzen Pettit | October 6, 2016 | Blog, Education Law | due process, education advocates, Free and public education, IDEA law, IEP, PPT meetings, special education

Your special needs child is doing poorly or worse, failing in school. You've spent countless painstaking hours talking to teachers and administrators about the goals and objectives set up in his/her IEP (Individualized Education Plan) in the hopes of seeing progress. Despite multiple calls and meetings with teachers and administrators, you're getting nowhere in your quest to get your child the help he/she deserves and is entitled to under the Free and Appropriate Education Law. It's imperative …

What To Do If You’re Stopped By the Police or Arrested

suzen Pettit | October 5, 2016 | Blog, Criminal Defense Law | criminal defense, protecting your rights, stop and frisk, what to do if stopped by police

It's an unfortunate state of affairs, but with so many horrible police shootings of late, people should think about how best to respond if they are stopped by the police. Having a strategy thought through could be the difference between life and death, literally. Both you and your teenagers should be aware as well, and know what to do if you're stopped by the police or arrested. Know this: You will need a criminal defense lawyer. But when in the moment, these are the steps you should …