Matthew Weinick | Long Island Employment Lawyer

Matt is a litigator who is not afraid of the courtroom. Since the beginning of his career, Matt has been fighting for his clients’ rights before Federal and State Court judges and administrative law judges. He has tried employment discrimination and retaliation cases before juries in Federal Court, represents clients at mediation and arbitration, and has argued appeals before the Second Circuit Court of Appeals and the New York Appellate Division. Matt’s success has been recognized for four consecutive years by Super Lawyers Magazine which listed him as a Rising Star in 2012, 2013, 2014, and 2015, a recognition reserved for less than 2.5 percent of the lawyers in the state.In addition to serving his clients, Matt serves the legal community, as well. He has published articles in the Nassau County Bar Association’s newspaper about changes in employment law, he has taught a continuing legal education class about the essentials of employment law, and he instructed a law school class entitled “Foundational Lawyering Skills,” which taught trial advocacy skills to second year Hofstra Law School students. Matt is frequently called upon by other lawyers for strategic or legal advice and he was hired by another law firm specifically to argue an appeal at the Appellate Division, Second Department.Before partnering with Pete, Matt was a senior associate at a preeminent Long Island employment discrimination firm where he was trusted with his own caseload and was frequently assigned to work on the firm’s most complex matters. Matt also served as a Nassau County Deputy County Attorney, representing the County and its employees in civil rights actions.Matt graduated cum laude from Hofstra University School of Law. At Hofstra, Matt served as Notes and Comments Editor of the Hofstra Labor and Employment Law Journal and published an article about workers’ rights. He also interned for United States District Judge Denis R. Hurley.

Lawyer.com Member Questionnaire

Please describe a case(s) in the last year or two where you made a big difference.
I met with a client who had been turned away from several other law firms who said the client did not have a case. After spending time with the client thoroughly reviewing the facts, I found a creative solution to help the client's situation. After presenting the solution to the defendant, we were able to craft a resolution acceptable to both sides without the need to file a lawsuit.

How did you build a successful practice?
We do not take a cookie-cutter approach to cases. Rather, from the very beginning, including the retainer agreement, we implement an individualized plan of action to help our clients meet their goals.

How important is local knowledge to the success of your cases?
Local knowledge is very important in employment cases. Employment laws can vary by state and even by city so it is crucial that employment lawyers be knowledgeable about the laws in their geographical area. Further, court procedures can vary widely, not only between court houses, but between judges. We're familiar with local rules as well as specific judges' rules and temperaments.

What is the most rewarding aspect of your job?
People spend so much of their time at work so it's rewarding to be able to help people who face adversity at their jobs.

What are your other interests in addition to law?
I enjoy music. I frequently attend music festivals and concerts and I'm learning to play guitar. I'm also a certified SCUBA diver and enjoy travelling to different locations to explore underwater.

Are you involved in your community?
I'm a volunteer firefighter and emergency medical technician- critical care. I'm a member of my community's volunteer fire department.

Position	Organization	Location	Duration
Instructor	Hofstra University School Of Law		2015-2015
Partner	Famighetti & Weinick, PLLC		2014-Present
Senior Associate	Leeds Brown Law		2010-2013
County Attorney	Nassau County Attorney's Office		2008-2010
Legal Intern	Hon. Denis R. Hurley		2008-2008

School	Degree	Major	Graduation
Hofstra University School of Law		Law School	N/A
State University of New York at Buffalo	B.A.		1999

State / Court	Date
Supreme Court of the United States	2018
Western District of New York	2012
Eastern District of New York	2009
Southern District of New York	2009
New York	2009
2nd Circuit

• Member | New York Bar Association
  Member | Nassau County Bar Association

• Nominated for Best Law Firm, Best of Long Island, 2015
  Rising Star, Super Lawyers, 2015
  Rising Star, Super Lawyers Magazine, 2014
  Rising Star, New York Super Lawyers, 2013
  Rising Star, Super Lawyers, 2012

• Civil rights | Plaintiff's jury verdict | Alleged claims of First Amendment retaliation and disability discrimination against County. Discrimination | Defeated County's motion to dismiss case | Alleged claims of disability discrimination against County.

• “Recent Discovery Reforms in Employment Litigation,” Nassau Lawyer, April 2017
  “Don’t Get Burned: The Expansion of the Cat’s Paw Theory in the Second Circuit,” Nassau Lawyer, January 2017
  “Second Circuit Settles Pleading Standard for Discrimination Cases,” Nassau Lawyer, January 2016
  “Unpaid and Unprotected? Interns, Sexual Harassment, and the Law,” Nassau Lawyer, January 2015
  “U.S. Supreme Court Raises the Bar for Title VII Retaliation Claims,” Nassau Lawyer, January 2014

Sun.	Mon.	Tue.	Wed.	Thu.	Fri.	Sat.
	9:00 am - 5:00 pm	9:00 am - 5:00 pm	9:00 am - 5:00 pm	9:00 am - 5:00 pm	9:00 am - 5:00 pm

Matthew Brian Weinick has been a Premium Member since April 06, 2016.
Lawyers with longer memberships tend to have more experience so we use the Membership date to help prioritize lawyer listings on search pages.

Verified Credentials	Date Verified
(2009) Licensed as Attorney in New York. Verified with New York State Unified Court System.	April 06, 2016

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• About | Matthew Weinick

Do I Have to Pay Interns?  (2018-02-27 13:47:44)
Employers often wonder whether they have to pay their interns. This is a question courts have also grappled with over the past few years. Today's Long Island employment law blog explores the question of whether interns are employees, requiring that employers pay them at least minimum wage.

New York Class Action Lawsuits  (2018-02-27 16:58:24)
In employment law, discrimination and unpaid wage and overtime cases are sometimes brought as class actions. Class actions allow one or more employees to represent a larger group of employees who have been harmed in a similar way as the “class representatives.” By bringing a case as a class action, the court can hear the dispute in a more efficient way than hearing perhaps hundreds of individual employees' cases. Today's Long Island employment law blog explores an unsettled question about settling cases involving class actions.

Arbitrating Employment Wage Cases  (2018-02-27 17:00:25)
Many employers include an arbitration clause in their employment contracts. An employee who signs this contract, gives up his or her right to sue in court over any job-related issues that may arise such as claims for wrongful termination, minimum wage payment violations, and overtime pay violations. Today's employment law blog discusses recent developments about the applicability of arbitration clauses to claims of unpaid wages and overtime in New York.

FMLA Retaliation Standard Relaxed  (2018-02-27 17:02:51)
The Family Medical Leave Act (“FMLA”) is a federal law which allows eligible employees to take a leave of absence from work for several reasons such as when dealing with a serious health condition of the employee or their family.

Snow Days  (2018-02-27 17:48:23)
Long Island is prone to Nor'Easters and other significant snow and weather events. A popular question is whether employers must pay their employees when the business closes due to snow or other inclement weather. Today's Long Island employment law blog discusses pay issues related to weather emergencies.

Vaccines  (2018-02-27 17:50:40)
With many states declaring flu epidemics and with the spread of other communicable diseases, many employers, particularly in the health care industry, are requiring employees to receive vaccinations.

Am I An Employee  (2018-02-27 17:52:33)
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on, among other reasons, the employee's race, religion, national origin, and sex.

Sexual Orientation Discrimination in New York  (2018-03-03 14:28:19)
Title VII of the 1964 Civil Rights Act prohibits workplace discrimination. Title VII, however, prohibits only the types of discrimination identified in the statute, including race discrimination, sex discrimination, religious discrimination, and national origin discrimination. For nearly two decades, the prevailing view from the country’s federal courts, including New York’s federal appellate court (the Second Circuit), was that Title VII does not prohibit workplace discrimination based on an employee’s sexual orientation. On February 26, 2018, the Second Circuit became the second federal circuit court to reverse its prior precedent and hold that Title VII does indeed prohibit sexual orientation discrimination. Today’s Long Island employment law blog discusses the Zarda v. Altitude Express, Inc. decision.

New York State Sexual Harassment Law Overhauled by Legislature  (2019-06-20 12:06:13)
On June 19, 2019, the New York State legislature passed sweeping reform to the State's sexual harassment laws. The changes include increasing the statute of limitations, lowering the standard victims need to prove sexual harassment cases, and removing a key defense relied on by many employers.

New York State Sexual Harassment Law Overhauled by Legislature  (2019-06-20 12:13:10)
On June 19, 2019, the New York State legislature significantly overhauled the State's anti-discrimination and sexual harassment laws. Some key amendments include lowering the standard of proof for discrimination claims by eliminating the severe or pervasive standard, eliminating the Faragher-Ellerth affirmative defense, making attorneys' fees and punitive damages available for discrimination lawsuits, and increasing some statutes of limitations.