September 1st, 2010 by Leeds Morelli & Brown
A Disneyland hostess has filed a religious discrimination complaint with the U.S. Equal Employment Opportunity Commission. The hostess, who is a practicing Muslim, seeks to challenge Disney’s policy forbidding the wearing of her hijab, a religious head covering, claiming that the policy is illegal and wrong.
Disneyland spokeswoman Suzi Brown stated that the company has allowed the employee to wear her hijab while working, but not in front of customers. However, the employee’s union is claiming that, despite the alleged accommodation, Disney’s action still constitutes a discriminatory practice. In addition to this development, Disney and the employee’s union have been battling over how much workers should contribute to their health plan and other issues. See:
http://www.presstelegram.com/breakingnews/ci_15817488
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. It is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Please visit the EEOC’s website for more information: www.eeoc.gov/policy/vii.html.
The attorneys at Leeds Morelli & Brown, PC believe that discrimination at work, or anywhere else, has no place in a free and democratic society. Leeds Morelli & Brown, PC has won precedent-setting decisions involving employment discrimination for clients represented on Long Island, throughout the New York City area. For a free consultation, please Contact Leeds Morelli & Brown, PC at 1-888-585-4658. at One Old Country Road - Suite 347, Carle Place, NY, 11514-1851
Posted in Religious Discrimination |
August 27th, 2010 by Leeds Morelli & Brown
President Obama weighed in on the controversy over a proposed Islamic community center/mosque to be built just two blocks from Ground Zero. The property is owned by a Muslim Iman and a public utility company. The proposed building would be a thirteen story facility used as an educational community center with a mosque included. Obama made his first remarks on it at the annual White House dinner honoring the Islamic holy days of Ramadan. Obama said that he supports the right of the property owners to build the mosque. After the headlines hit the presses that Obama voiced his support of the building of the center, he “clarified,” saying he doesn’t necessarily think the project is wise. Obama claims he meant to say he supports the right of the Islamic community to build an educational center and mosque there, but that he did not mean it was the right thing for them to do. His point was meant to be the right of freedom of religion of all Americans would allow the center. ABC News Full Article
On August 22, 2010, approximately a thousand or people gathered near the proposed building site, some supporting the building of a mosque at Park Place and more opposing it. Protestors carried signs about freedom and religion, speaking for God and about America. With such strong opinions surrounding the proposed Mosque, many New Yorkers are gaining resentment toward the Islamic Community. It is important to remember that discriminating against an individual based on race or national origin may be prosecuted under Title VII of the Civil Rights Act of 1964. Please visit the EEOC’s website for further information: www.eeoc.gov/policy/vii.html.
The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to discrimination claims. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com
Posted in Civil Rights, Discrimination |
August 25th, 2010 by Leeds Morelli & Brown
Kevin Morrissey, managing editor of the Virginia Quarterly Review, committed suicide late last month when he shot himself in the head. Now, details of turmoil within the small staff of the Virginia Quarterly Review have begun to surface as questions surrounding the suicide arise. Family members and people close to the review say Morrissey had been complaining to the university about workplace bullying by his boss, Ted Genoways. Multiple sources indicate that Morrissey sought help from various University of Virginia departments, including Human Resources, the President’s Office, and University Ombudsman Brad Holland. Allegedly, the institution did virtually nothing to help. Some close to the situation say that in the days before the death, they even warned the university that Morrissey, who suffered from serious depression, might commit suicide. University of Virginia has no formal anti-bullying policies in place. Full Article
Worker abuse is a widespread problem as 37% of American adults said they had been bullied at work in a 2007 Zogby poll. Some time ago NY passed a Workplace Violence policy to protect public employees and part of that law includes worker-on-worker violence. However, the current law only covers bullying if there is a physical assault or the explicit threat of physical violence. The Healthy Workplace Bill recently passed in the NY State Senate and now waiting for a vote on the Assembly side is expected to fill that gap. If the bill becomes law, workers will be able to sue for physical, psychological or economic harm due to abusive treatment on the job. Workers who can show that they were subjected to hostile conduct — including verbal abuse, threats or work sabotage — could be awarded lost wages, medical expenses, compensation for emotional distress and punitive damages. Read more: Full Article
The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment law. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com
Posted in Employment Law, Labor Abuses |
August 13th, 2010 by Leeds Morelli & Brown
Former first daughter Chelsea Clinton and investment banker Marc Mezvinsky exchanged vows on Saturday, July 31, 2010, at a private estate in Rhinebeck, NY. Chelsea Clinton, who worked at a New York hedge fund and has more recently studied health policy at Columbia University, has kept a low profile since her father left the White House in January 2001. The public has not forgotten Chelsea Clinton’s composure during former U.S. President Bill Clinton’s White House sex scandal. It has been rumored to have left a lasting impression on Chelsea’s trust of men. With that being the case, many speculate Chelsea has written a prenuptial agreement with husband Marc Mezvinksy. Washington Post Article
Approximately one in three of all first marriages end in divorce, and 50 percent of second or third marriages end in divorce. A prenuptial agreement is smart financial planning, legal and financial experts say. In essence, prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. It is important to consult with an attorney if you wish to draw up a prenuptial agreement. It is vital to consult with an attorney in the event you are given a prenuptial agreement. Often times, the agreement is filled with legal jargon that is difficult to understand, and the non-initiating spouse may not fully understand what he or she is signing. Like all contracts, a prenuptial agreement is fully enforceable. However, the agreement may be declared invalid if signed under duress, coercion, or undue influence. It is unknown whether Chelsea Clinton has written a prenuptial agreement with future husband Marc Mezvinksy.
The attorneys at Leeds, Morelli & Brown, P.C. are experienced in all domestic relations matters, and have represented families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.
Posted in Divorce |
August 12th, 2010 by Leeds Morelli & Brown
Dennis Rodman’s estranged wife Michelle claims the former professional basketball player owes over a quarter million dollars in child support. According to docs filed in Orange County Superior Court, Dennis owes $305,244.67 in child support for his two kids. The former basketball star was last ordered to pay his wife $50,000 a month, plus an extra $1,083 in spousal support, but Michelle claims he has lapsed on payments. Article
How does a court solve a child support payment issue? A court may order a garnishment to help a successful plaintiff collect money damages from a defendant. When making child support payments, the state of New York follows the standard most states practice. Instead of sending the payments by mail every month, NYS child support will garnish the wages from the non-custodial parent’s paycheck. This procedure works well for both parents. For example, once payments are garnished, they are sent to a New York State agency where payments are verified then mailed to the custodial parent. When the wages are garnished, the custodial parent is guaranteed payments every month, and the non-custodial parent will have record of all payments that have been made. The federal Consumer Credit Protection Act limits wage garnishments to 25% of an employee’s take-home pay, or 30 times the federal minimum wage, whichever is less.
The attorneys at Leeds, Morelli & Brown, P.C. are experienced in all domestic relations matters, and have represented families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.
Posted in Divorce |
August 9th, 2010 by Leeds Morelli & Brown
The Obama administration is calling upon Congress to pass the new Paycheck Fairness Act, which will require businesses to inform the government about the payment of their employees as it relates to their gender, race, and national origin. This Act is an amendment to the 1964 Civil Rights Act and will aid the government in their efforts to end pay discrimination. The Paycheck Fairness Act was first introduced January 2009 by then Senator Hillary Clinton and Rep. Rosa DeLauro. The Act was to strengthen the Equal Pay Act of 1963 by expanding damages under the Equal Pay Act. President Obama stated that employment discrimination is harmful to American families, as well as the economy. The Paycheck Fairness, if passed, will put more responsibility on corporations to provide fair pay to their employees, regardless of gender. CNS News
According to census statistics, U.S. women earned only 77 cents on the male dollar. African-American women earn only 68% and Latinas earn a mere 58% of their male counter parts. The median weekly earnings of female full-time workers were $657, compared with male median weekly earnings of $819. Based on these data, the ratio of women’s to men’s median weekly earnings was 80.2. Institute for Women’s Policy Research. As the institution of the “Traditional Family” slowly disappears, and more women become the bread winners of their family, the necessity of gender equality becomes more evident. Gaining the support from the President gives great hope to women in the workplace.
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.
Posted in Discrimination, Employment Law |
August 6th, 2010 by Leeds Morelli & Brown
On June 17, 2010, the United States Supreme Court unanimously decided City of Ontario v. Quon, holding that the city’s review of an employee’s text messages on an employer-issued device was a reasonable search under the Fourth Amendment. The City issued pagers and advised police officers that text messages would fall under the City’s policy as public information and would be eligible for auditing. Quon and others exceeded their allotted number of texts, but claimed that a supervisor had informed them that their messages would not be audited as long as the officers paid for any overage charges. An audit to determine why the officers were exceeding their limits revealed Quon, while on duty, was using his employer-issued pager to send sexually explicit text messages. The Supreme Court unanimously held that the city’s review of the text messages was a reasonable search under the Fourth Amendment. However, the Court declined to address the privacy expectations of employees when using employer-provided communications devices. Quon Opinion
It is important to understand your right to privacy when it comes to the workplace, especially in this technological driven society. The Quon decision suggests that employers should exercise good judgment in monitoring employee use of the employer’s computer or communications facilities, whether the employment is in the public or private sector. Employers must establish the level of privacy expectations with a policy that covers all the technologies given to employees. Employers may be at risk if they delve into the content of messages without a work-related purpose for the investigation. The Quon decision provides that employers must have a legitimate, work-related objectives for the search.
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation
Posted in Civil Rights, Employment Law |
July 28th, 2010 by Leeds Morelli & Brown
Kate Gosselin’s TLC show, “Kate Plus 8,” is under fire and may lose six of its stars. Representative Thomas Murt of Pennsylvania is calling into question the validity of the work permits issued to the reality mom’s 6-year-old sextuplets. Under Pennsylvania law, children under seven years old may work in film, but not in television. It has been reported that sextuplets were granted permits, however, these permits are now under scrutiny as the law does not provide for them. Pennsylvania’s attorney general and labor secretary have yet to comment on the allegations. If government officials are found to have given some favorable treatment or bent rules, production on the TLC reality series in which they currently star could shut down—permanently. Full Article
Under New York law, children under 14 years of age may not be employed any time, neither after school nor during vacation. However, minors 11 years of age or older may work outside school hours as newspaper carriers to deliver, or sell and deliver newspapers, shopping papers, or periodicals to homes or business places. Minors 12 years of age or older may work outside school hours for their parents or guardians either on the home farm or at other outdoor work not connected with a business. There is no minimum age for child performers at theatrical, radio, or television performances or for child models, although a permit is required prior to employment. For more details regarding New York’s Child Labor Laws see: NY Department of Labor
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.
Posted in Employment Law |
July 6th, 2010 by Leeds Morelli & Brown
Jarretta Hamilton was fired from her job as a fourth grade school teacher at Southland Christian School in St. Cloud, Florida, for fornication — having sex before marriage. Hamilton and her husband were married on February 20, 2009. Three weeks before the wedding, she conceived her daughter, Sarah. In April 2009, Hamilton approached Principal Jon Ennis, requesting a standard six week maternity leave for the fall. As the conversation progressed, Ennis ask Hamilton is she had conceived prior to marriage, knowing Hamilton had only been married for a few weeks. Hamilton answered yes, seeing no reason to lie to her employer. Shortly thereafter, Hamilton was asked not to return to the Christian school because of a moral issue that was disregarded, namely fornication, sex outside of marriage. The employment application, which she filled out, clearly states that as a leader before students the school requires all teachers to maintain and communicate the values and purpose of the Christian school. Hamilton alleges the termination violated federal anti-discrimination laws. In addition, they allege in a pending lawsuit, the school’s principal invaded Hamilton’s privacy by telling other teachers and the parents of her students the exact reason she was fired. Read more: MSNBC Article
Although private school teachers do not generally enjoy as much of the constitutional protection as public school teachers, statutes may provide protection against discrimination. The Civil Rights Act of 1964, for example, protects teachers at both public and private schools from racial, sexual, or religious discrimination. Private school teachers may also enjoy rights in their contracts that are similar to due process rights, including the inability of a private school to dismiss the teacher without cause, notice, or a hearing.
Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.
Posted in Discrimination, Religious Discrimination |
June 24th, 2010 by Leeds Morelli & Brown
Former employee of the mega real estate firm Corcoran Group has filed a lawsuit against the company claiming he has fired because president and CEO Pamela Liebman does not like “fat people.” Describing himself has an “overweight gay male,” Jason Riggs claims that Liebman “constantly talked about weight, diets, gym, and the like in the office” and “was fairly obsessed with these issues.” Nearly a month after reporting the discrimination to human resources, Riggs was fired from his position as manager in the firm’s executive offices on Madison Avenue, having been with the firm for over ten years. Read more.
In a society that is obsessed with looks and image, it may feel very isolating to be overweight. Topics of gym work outs and latest diets are discussed around almost every office water cooler. If an employer discriminates against an overweight employee because of his weight, it remains questionable whether the overweight employee is protected under the Americans with Disabilities Act (“ADA”). ADA provides that employers covered by the statute may not discriminate against a qualified individual with a disability with respect to employment matters. However, it remains unclear whether obesity is covered by the ADA. The ADA states that morbid obesity, which is defined as weighing more than 100 percent over the norm, is considered a disability if it substantially limits, has limited, or is viewed as substantially limiting a major life activity. As far as those who are not morbidly obese, courts are reluctant to extend ADA protection to these individuals. For more information: http://www.ada.gov/
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.
Posted in Disabilty Discrimination |