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Writer's pictureJanet Irizarry

Nicholas Melito: From Litigation to Prevention, Navigating Workplace Laws



Specializing in representing employers and management in various workplace law matters, Nicholas Melito brings a wealth of experience to his role as an Employment Attorney. As an Employment Attorney at Meltzer Lippe LLP, Melito has carved out a niche for himself by navigating the complexities of employment law with finesse. His track record in handling litigation in both state and federal courts speaks volumes about his prowess in addressing critical issues such as wage and hour disputes, discrimination cases, sexual harassment claims, and retaliation matters.


Since joining Meltzer Lippe in 2018, Melito has been an integral part of the firm's growth trajectory. Founded in 1970, Meltzer Lippe prides itself on delivering top-tier legal services while maintaining a personalized touch akin to boutique firms. With offices strategically situated in Long Island, NYC, and Florida, the firm boasts a team of over 70 attorneys adept at counseling a diverse clientele.


Melito's journey into the realm of employment law began during his formative years in law school. His internship at a small employment law firm provided him with invaluable insights. His previous work experience in restaurants contributed to his understanding of unique challenges in the hospitality industry.


He realized that many restaurant owners were not aware of the legal intricacies, often continuing practices learned when they were employees, such as paying employees under the table or a set “shift” pay. Melito recognized the importance of educating restaurant owners on these matters in a nonjudgmental, consultative manner.


One prime example of this lack of awareness is that many restaurant owners find themselves grappling with the nuances of tip credits and tip pooling. In this situation, legal requirements can vary by state. There are restrictions on who can participate in tip pools and how tips are distributed. For example, tip pooling typically cannot include employees who do not customarily receive tips, such as kitchen staff or management.


Labor law compliance poses a significant challenge for many businesses, particularly restaurants, which often find themselves blindsided by regulatory requirements. From minimum wage mandates to overtime regulations, adherence to labor laws is non-negotiable. Melito recognizes the critical role of proactive legal counsel in navigating these complexities, safeguarding businesses from potential fines and legal entanglements.

Furthermore, Melito is a staunch advocate for combating workplace harassment and discrimination. Proactive prevention, coupled with clear policy development and enforcement, is paramount in fostering a respectful work environment and mitigating legal risks.


To stay in compliance, it's essential to ensure that your managers are well-prepared. This includes assisting them in comprehending and applying policies, laws, and procedures relevant to their daily responsibilities, thereby fostering an ethical and compliant workplace. Employers should provide this training for all staff, and we're here to help facilitate that process.


Employee training serves as a cornerstone in ensuring compliance with labor laws. It empowers both employees and managers to grasp their rights and obligations, thereby mitigating the risk of violations and enabling them to stay abreast of legal developments. Furthermore, training acts as a preventive measure against costly litigation, fines, and penalties stemming from non-compliance.


In his practice, Melito conducts compliance audits for restaurants, addressing various areas of concern such as wage and hour compliance (such as ensuring proper “tip credit”, tip pooling, and administrative fees / service charges), anti-discrimination policies, and leave and benefit compliance. Through these audits and proactive legal guidance, he assists businesses in identifying and rectifying potential issues, ultimately saving them time, money, and legal headaches.


With the ability to handle cases nationwide and access to local counsel when needed, Nicholas Melito epitomizes excellence in providing comprehensive legal support to his clients. His unwavering dedication to ensuring compliance and fairness in the workplace underscores his status as a trusted advisor in the field of employment law.


Nicholas Melito Meltzer, Lippe LLP 190 Willis Avenue

Mineola, NY 11501

Phone: 516-747- 0300 Ext. 288 Email: nmelito@melzerlippe.com





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