By Lee Hagy

HOLLYWOOD, CA — Last Friday, a $70 million settlement was reached between 17 major networks and production studios, along with seven large talent agencies, and a class of plaintiffs representing writers over the age of forty in Hollywood, sending a bold message that age discrimination in hiring will not be tolerated.  The decade long battle to change the industry bias toward only hiring younger writers to work on popular television and movie projects ended in a landmark victory that will positively affect future generations of older Americans and writers.

According to the LA Times, approximately $2.5 million of the settlement will be used to establish a “Fund for the Future” that will issue grants and loans to older writers to aid their careers and study ways to supplement pension plans.  The case was helped out by the Writers Guild of America, which provided critical statistical information showing the age-hiring bias in Hollywood for the past few decades.

Although knowing about age discrimination in Hollywood for years, The LA Times reported that many writers were afraid to file a lawsuit for fear of losing their jobs.  Decisions like these will encourage more Americans who suspect age discrimination as the reason for their not being hired or for being let go to stand up and proclaim their rights as well.

At Leeds Morelli & Brown, PC, we believe that age discrimination at work, or anywhere else, has no place in a free and democratic society. The law agrees. More employers might agree too — if only they could feel the same kind of personal devastation, loss of self-esteem, desperation and depression that their victims do. If you have been discriminated against by an employer, talk to us.  Contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Brandon Sipherd

2010 was supposed to be the year New York’s farm workers and field hands were to receive rights and protections enjoyed by all other workers.  However, this year it seems some animals will have more protections than tens of thousands of farm workers and field hands.

These workers want to have the right to overtime pay, the right to have minimal time off, and the right to organize and collectively bargain.  Yet, the state of New York continues to deny farm workers a guaranteed unpaid day off from work each week while carriage horses receive five weeks of vacation per year and there is a daily limit on the hours they can work.

The New York Assembly has passed such measures in the past and currently a majority of Democrats and Republicans support the proposed legislation granting farm workers these rights.  Last week, the proposed bill passed through the appropriate committees in order to bring the bill into legislation.

The Labor Committee, which has jurisdiction over changes in labor law, approved the bill.   The bill then should have passed to the Codes Committee, which oversees laws that impose fines.  However, last week state Senator John Sampson, who promised to deliver basic labor rights to farm and dairy workers, sent the bill to the Agriculture Committee.  This is a violation of New York Senate rules, which allow only committees that are directly related to proposed legislation make amendments before passing it along to the entire Senate for a vote.  The Agriculture Committee only oversees changes to specific agricultural laws (not labor laws) and, therefore, has no business amending the bill.

However, Senator Darrel Aubertine, overseer of the Agriculture Committee, is under much political pressure because of this bill.  Samson is afraid that this pressure will cause Aubertine to lose his critical Democratic seat to a Republican in the upcoming election this fall.  Although the bill does not belong in the Agriculture Committee, Sampson is giving Aubertine and his committee an opportunity to kill the bill in order to improve his chances for reelection.

Hopefully, things will be put back on track in the Senate.  If not, the farm workers and field hands who desperately need protection will continue to go unprotected in New York.

By GetLegal.com

Some singers find success crooning about their family woes. However, when issues of child custody and visitation leave the lyrics and enter reality, courts may have to step in and make hard decisions to protect the welfare of their children.  This was the case in December, 2009 when Courtney Love, the former front-woman for the alternative band Hole, lost custody of her 17 year old daughter Frances Bean and was forbidden to contact her by court order.  Bean has been living with her paternal grandmother and aunt as her father, Nirvana band member Kurt Cobain committed suicide in 1995.

Recently, Love has expressed interest in regaining custody of her daughter.  Love has commented on her twitter page that she plans to go to court and sue her former mother and sister in law.  Love has stated “Im severely lonely without my best friend and no am not on drugs.”  NY Daily News, People Magazine

Under the New York Child Custody Jurisdiction and Enforcement Act, child custody is determined by “the best interests of the child.” To determine the best interests of the child, courts enlist the help of experts and psychologists to determine which parent or family member will be the best custodial parent for the child/children.  Additionally, the court will examine various factors in determining whether to grant a motion for child custody, such as the financial ability of each parents, the lifestyle of each parent, who has served as the child’s primary caretaker, the desires of the child, each parents availability and ability to care for the child, what living arrangements are available for the child, and any proven incidents of domestic violence based on a preponderance of the evidence.

The New York Child Custody Jurisdiction and Enforcement Act also spells out rules for joint custody. “Joint custody may not be awarded unless both parents mutually agree to the arrangement. However, once custody is established, the custodial parent should keep in mind that visitation rights of the non-custodial parent are constitutionally protected. Any action to prevent a biological parent from visiting with their child can lead to court sanctions against the custodial parent.”  New York Child Custody Jurisdiction and Enforcement Act.

Leeds Morelli & Brown, P.C. is a recognized firm in the area of child custody and visitation rights. Leeds Morelli & Brown, P.C. lawyers work hard to resolve matters that will be in your child’s best interests and successfully litigate your family’s legal issues. If you are seeking to gain custody over a child or want more information, please contact Leeds Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.

By Brandon Sipherd

Conan O’Brien is quitting as host of the “Tonight Show” after NBC pushed O’Brien from the 11:35 p.m. time slot to after midnight to accommodate Jay Leno.  O’Brien refused to comply with NBC’s order, contending the move violated his employment contract.

O’Brien is a member of various entertainment industry unions like the Writers Guild of America and the American Federation of Television and Radio Artists.  However, the terms of the unions’ collective bargaining agreements are not at issue here.  Instead, O’Brien’s employment relationship with NBC is governed by the terms and agreements of his employment contract, which is common for high-level executives and celebrities.   Therefore, the situation’s outcome will be based on the language of O’Brien’s employment contract.

O’Brien’s employment contract guarantying him the late night slot of 11:35 p.m. is the original question posed.  O’Brien’s contract did not contain an expressed guarantee with regards to his show’s time slot.  He was only guaranteed the “Tonight Show” which he argues is not 12:05 a.m.  If the contract had clearly expressed the show’s time, he would be in a much better position.  Both David Letterman and Jay Leno have contracts that guarantee a specific time-sport.

However, now that O’Brien has decided to relinquish hosting the “Tonight Show”, the issues are focused on how long he will have to wait before taking a new job with a rival network and the amount of money the network will have to pay.

Resolving these employment issues will be costly for NBC.  O’Brien currently earns around $12 million annually and there are two and a half years remaining on his contract.  It is estimated that O’Brien’s severance package will range somewhere from $25 million to $35 million.  The total amount that NBC will have to pay ultimately depends on several issues, including how long O’Brien will have to stay of the air.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Our employment law attorneys are dedicated to resolving issues of employment and contract law.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

All couples have their share of disagreements; however there are extreme cases where things escalate too far and legal assistance becomes necessary.  On Christmas Day 2009 at 3:30 a.m., Charlie Sheen and wife, Brooke Mueller Sheen, had an argument that escalated into a death threat. According to an affidavit, Brooke Mueller Sheen told Sheen that she wanted a divorce and would get custody over their twin boys. At that moment, Sheen reportedly held a knife to her throat and stated: “You better be in fear. If you tell anybody, I’ll kill you…I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

In her 911 call, Brooke Mueller Sheen stated: “I thought I was gonna die for one hour.” Sheen denied threatening his wife with a knife or choking her. Sheen claimed that he and his wife were having marital problems and that she abuses alcohol.  Sheen also told police he that was very upset with her threat of divorce because of his prior experiences (with ex-wife Denise Richards) and surrendered a folding knife with a 4-inch blade. Fox News Report; CNN Report.

Under New York Domestic Relations law Section 170, a spouse may seek a divorce on the grounds of adultery, imprisonment, abandonment, cruel and inhumane treatment and “no fault conversion.” A spouse seeking to gain a divorce based on cruel and inhumane treatment must demonstrate that serious misconduct by the other spouse is endangering their mental or physical well-being.  Further, they must show that the conduct renders it improper or unsafe for the injured spouses to cohabit with the cruel spouse. Additionally, a court will examine the duration of the marriage as a critical factor when considering granting a divorce based on this ground.

As a domestic relation firm in New York, Leeds Morelli & Brown P.C. works to achieve successful divorce judgments that are in the best interests of their clients and their clients children.  The firm handles a full range of domestic relations issues including child support, child custody, spousal maintenance, as well as the equitable distribution of assets.  If you are seeking a separation agreement, divorce decree, or help with any other family law related issues contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.