Occupational Health Awareness (OHA) Week runs from April 25 to May 1, 2010. OHA’s Week’s mission is to expand awareness and support the need for healthy workplaces and a reduction of work-related illness, injury and fatalities. The New York State Occupational Health Clinic Network (OHCN) was created in 1987 and is the founder of OHA week which is made up of 11 regionally based clinical centers. The OHCN uses physicians, industrial hygienists, health educators and social workers who work with laborers, labor organizations, and employers to help prevent, diagnose and treat work-related illness and/or injury. OHA Week will serve to support occupational health and safety initiatives and provide education for workers to a variety of organizations, unions, immigrant advocate groups, and others. This year, OHA Week is working in conjunction with National Workers Memorial Day, which takes place on April 28th and serves as a nationwide day of remembrance for U.S. workers who die or have been disabled doing their job. See: http://ohaweek.groupsite.com/main/summary

Leeds Morelli & Brown, PC is a respected employment and labor law firm throughout Long Island, the New York Metropolitan area dedicated to supporting the needs of wronged employees and aiding in the compliance of labor laws by employers. For more information, contact Leeds Morelli & Brown, PC at 1-800-585-4658 for a free consultation.

In March of 2010, advocates for immigrants and the poor began seeking a crack down on wage theft. It is estimated by National Employment Law Project that more than 317,000 New Yorkers are cheated out of pay, approximately 18.4 million dollars per week, which averages to $3,016 per person, per year in minimum-wage, overtime and other wage violations. In addition to depriving low-income workers, employers also deprive the city and state of tax revenue by not withholding income taxes, not paying unemployment insurance taxes, or workers’ compensation premiums. This places law-abiding employers at an unfair disadvantage.

A coalition of labor unions, immigrant advocacy groups and nonprofit organizations have announced their support for proposed legislation in the State Senate and State Assembly called the Wage Theft Prevention and Responsible Employer Protection Act in Albany, sponsored by Staten Island state Sen. Diane Savino and Bronx Assemblyman Carl Heastie, which intends to toughen penalties against employers who choose to ignore minimum-wage laws (such as reporting accurate data and pay stubs) and cheat workers out of overtime pay.  As a penalty, employers would have to pay back wages, with interest, and face fines up to double that amount. For example, employers could be fined up to $10,000 for the retaliatory firing of a worker who speaks out against wage violations or files a wage claim.  The worst offenders may be charged with a felony and possible imprisonment.  Additionally, since many employers delay in complying with back-pay judgments, the pending legislation would increase penalties by 30 percent against employers who do not pay wage judgments within 90 days. To encourage hesitant workers to make a claim, this legislation also allows third-party groups to file complaints on their behalf.  Daily News Coverage; New York Times Coverage

The Fair Labor Standards Act (FLSA) contains the Federal standards for minimum wages, overtime pay, recordkeeping, and child labor.  Every employer covered by the FLSA must keep certain records for each worker. Most of this data is the type that employers generally maintain in ordinary business practice. The FLSA does not have any specific reporting requirements. However, records must be open for inspection by the Wage and Hour Division’s representatives who are entitled to ask the employer to make extensions, computations, or transcriptions. The records should be kept at the place of employment or in a central records office.  Additionally, an employer must maintain records of information such as the employee’s full name, address, including zip code birth date (if younger than 19), sex and occupation, time and day of week when employee’s workweek begins, hours worked each day and total hours worked each workweek, the basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”, and the regular hourly pay rate to name a few.  Employers are required to preserve payroll records for at least 3 years, collective bargaining agreements, and sales and purchase records. Records of wage computations should be retained for two years (such as time cards and piecework tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages). For a full listing of the types of records an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements Under the FLSA.

Leeds Morelli & Brown, PC lawyers are experienced in handling wage and hour claims. Their offices address disputes regarding a wide range of employment matters including violations resulting from improper wage and overtime calculations. Leeds Morelli & Brown, PC attorneys have represented employees in wage and hour claims throughout Long Island and the New York City metropolitan area. For a consultation, contact Leeds Morelli & Brown, PC at 1-800-585-4658.

Just after Sandra Bullock won an Oscar for her role in The Blind Side, reports that her husband, biker king Jesse James, has been cheating began to surface.  Tattoo model Michelle “Bombshell” McGee and Jesse James had an 11-month affair while Sandra Bullock was filming The Blind Side.  Since McGee has come forward, two more women have surfaced claiming they had an affair with James.  Additionally, an unnamed source claims that James’ infidelity has been an open secret among employees at his West Coast Choppers bike shop in Long Beach, California.  All these rumors prompt the question: “Is Jesse James the new Tiger Woods?”  An article printed in USA Today speculates that James is looking more like Tiger Woods, as women keep popping up alleging affairs.  USA Today article.

Sandra Bullock has not returned to the couple’s residence.  However, there are no official reports as to whether the couple is headed toward divorce or trying to reconcile.  In late January Tiger Woods’ multiple affairs began to surface, prompting much media attention on the golf superstar.  Woods entered rehab for sex addiction, and has since completed treatment and is now working to mend his relationship with his wife and family.  As of now, James has publicly apologized to his wife and three children, but the couple has not seen each other and friends claim Bullock wants space to work out what to do next.  Whether the couple will reconcile or divorce remains unknown.

New York has six grounds for divorce, four of which are based on the fault of one of the parties.  When a couple obtains a divorce on a no fault basis, neither spouse will be judged to be at fault.  These grounds include one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties.  The fault grounds include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery.

The law firm of Leeds Morelli & Brown, P.C., has represented many individuals filing for a divorce in Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Nassau and Suffolk counties.  For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown, P.C.’s divorce website is located at www.lbdivorcelaw.com.

On March 31, 2010, the New York Times reported that the top 25 hedge fund managers raked in $25 billion in bonuses in 2009. During a time when unemployment remains at an all time high, with more than 11 million people now drawing unemployment insurance benefits, hedge fund managers have seemingly come out on top during this tough economic time. The minimum individual payout on the list was $350 million in 2009, which confirms that these top hedge fun managers remain grossly over compensated despite public outrage over the pay packages at big banks and brokerage firms. The question remains, will the government step in and regulate the financial industry? There is growing pressure to treat earnings of hedge fund managers as income instead of capital gains, as capital gains are taxed at a lower rate. Nevertheless, even if these managers pay more taxes on their earnings, they still will bring in enough money to maintain their lavish lifestyle, during a time when most Americans cannot afford to put food on the table and pay their mortgage. New York Times article

In an interview, Treasury Secretary Timothy Geithner discussed the unemployment rate, stating that the national jobless rate, now at 9.7 percent, is “still terribly high and is going to stay unacceptably high for a very long time” because of the damage caused by the recession. Geithner article. It is important to note that the overall jobless rate of 9.7% is understated, as thousands of people are not computed into the official count because they have given up on looking for work. Those who are employed understand that now, more than ever, employment of any kind is crucial, and that “job security” has become a thing of the past. During these tough times many companies are forced to lay-off workers to keep afloat. Though many companies will act within the bounds of the law, some may use tactics that are unlawful. It is crucial that employees know and understand their rights under the law. The attorneys at Leeds, Morelli & Brown, P.C. work to uncover unlawful business practices and empower employees to stand up for their rights.

The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved. If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888-585-4658 or our firm’s website at www.lmblaw.com.

By: Brandon Sipherd

McDonald’s restaurant in Dearborn, Michigan, which has a large Muslim community, allegedly denied two Muslim women jobs because they wore Islamic headscarves. The store manager, who interviewed Toi Whitfield and Quiana Pugh for the jobs, told the applicants, “You’re not going to work here if you don’t remove [the headscarf].” In addition to being told that wearing the hijab, or headscarf, would be an issue, during the interviews the applicants were asked by restaurant managers about their nationality and ethnicity. Within a week after the interviews, the two women were told that the position had already been filled.

Many corporate restaurants in the area also sell halal foods to accommodate the large and growing number of Muslim customers. The Dearborn McDonald’s is only one of two McDonald’s in the United States that sells halal foods, the Muslim equivalent of kosher.

A McDonald’s spokesperson said that the management company in charge of the Dearbon McDonald’s “has a strict policy prohibiting any form of discrimination.” However, it is alarming that a restaurant in such a large Muslim community would discriminate against two Muslim women looking for employment.

The Michigan chapter of the Council on American-Islamic Relations (CAIR-MI) filed a claim with the Equal Employment Opportunity Commission (EEOC) against the Dearborn McDonald’s alleging that the restaurant engaged in ethnic and religious discriminatory hiring practices. Dawud Walid, CAIR-MI’s Executive Director, urged “McDonald’s to take immediate action to bring its hiring policies into compliance with long-established legal guidelines on reasonable religious accommodation in the workplace”. He also said this is not the first incident involving McDonald’s. In 2008, CAIR-MI raised similar concerns with McDonald’s involving two incidences where Muslim women were denied jobs because they wore the Muslim headscarf.

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against individuals because of their religion and ethnicity in hiring, firing and other terms and conditions of employment. Employers must also reasonably accommodate an employee’s religious practices unless doing so would create an “undue hardship” for the employer.

The EEOC, in 2008, promulgated new guidelines for accommodating religious practices and beliefs in the workplace. These guidelines protect workers who wear religious clothing like the hijab.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  We believe that discrimination based on a person’s religion or ethnicity has no place in a democratic society.  Our firm has had considerable success in matters of employment discrimination 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.

A Wal-Mart in Michigan fired an employee with cancer who uses medical marijuana, after a test came back positive for cannabis. The former employee is Joseph Casias, who is 29 years old, registered with the state and carries a medical marijuana card. Casias did not tell Wal-Mart about his treatment because he thought the treatment was between him and his doctor. The plaintiff contends that he was wrongfully terminated.  However, Wal-Mart says it will challenge this claim as well as Casias’ unemployment compensation claim. Wal-Mart’s policy, like the policy of other companies, indicates that in states such as Michigan which allow marijuana use for medical purposes, the store can still terminate an employee following a positive drug test.  Notice of his termination was devastating for Casias, who once earned the honor of Associate of the Year. Casias started taking medicinal cannibas last June to cope with the constant pain due to sinus cancer and a brain tumor. Casias says management told him Wal-Mart does not honor medical marijuana cards.

Michigan law protects any employer’s right to terminate for marijuana use, but the law also states that a qualifying patient who has been issued and possesses a registry identification card shall not be subject to penalty in any manner, or denied any right or privilege or disciplinary action by a business for medical marijuana use.  The law in Michigan says employers do not have to accommodate the ingestion of marijuana in the workplace or employees working while under the influence. Casias says he never used the marijuana before or during work. However, the drug was detected because it can take weeks for marijuana to leave the system. Doctors say medical marijuana is a type of substance that could be hazardous to the workplace. When Casias was employed with Wal-Mart he unloaded trucks for the store. Despite the possible occupational hazards, Dr. Martin Makary, associate professor of Health Policy at Johns Hopkins University, says that if a person used medical Cannabis on a Friday night and then went to work on Sunday, they wouldn’t be impaired on the job.

The Michigan ACLU has stated that it is illegal to fire someone for treating their disease with a medicine that’s legal in the state and recommended by a physician. Additionally, the Marijuana Policy Institute in Washington, D.C. is calling for a nationwide boycott of Wal-Mart over the firing.

See: http://www.laborradio.org/node/13137
See: http://abcnews.go.com/Business/michgan-man-fired-walmart-medical-marijuana/story?id=10122193

In New York, most employment is considered to be “at will” in the absence of an employment agreement. Therefore, the term “wrongful termination” is misleading because in New York employers can terminate an employee for cause or for no reason at all. This means that employers can fire an employee if they don’t like him/her, or even based on the employee’s clothing.

An employer may do so unless an employee’s rights are protected under employment discrimination laws. Employers cannot discriminate against an employee based on age, sex or gender, race, national origin, disability, perceived disability, pregnancy status, marital status, or sexual orientation. Additionally, employers cannot discriminate if an employee has an employment contract with the employer, either written or implied, which holds that the employee cannot be fired without just cause for a certain time period. The terms of that employment contract usually set out the reasons for which an employee can be fired.

For example, with respect to Disability Discrimination, New York laws prohibit employers from discriminating against individuals with disabilities or perceived disabilities (such as employees who have Cancer) with respect to job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. Under Federal law, these rights are protected under the Americans with Disabilities Act. Additionally, this Federal law requires employers to make reasonable accommodations for employees with disabilities.

Disability discrimination can come in many forms. It can consist of comments about a disability made by another employee leading to an adverse employment action against the injured employee. Other forms include when an employer fails to promote or terminates an employee’s job when the employee is able to perform the essential functions of the job with reasonable accommodation, and the employer refuses to accommodate the disability.
Source: http://www.ada.gov/cguide.htm#anchor62335

Leeds Morelli & Brown, PC lawyers specialize in maters relating to wrongful termination, unjust dismissal, in handling overtime claims, wage and hour law violations, and unemployment compensation claims.  Leeds Morelli & Brown, PC lawyers service injured parties who have been affected by employers who violate these important equal opportunity and employment rights throughout Long Island, the New York Metropolitan area.  For a free consultation, contact Leeds Morelli & Brown, PC at 1-800-585-4658.