December 30th, 2010 by Leeds Morelli & Brown
The U.S. Supreme Court heard oral arguments on a controversial Arizona law that, in essence, would punish businesses hiring illegal aliens. The Obama administration has taken a position against the law, claiming that only the federal government may enforce immigration laws. The law was intended to sanction employers who hire illegal immigrants, but since its 2008 enactment, there have been numerous arrests of illegal immigrants on criminal charges, such as forged documents or stolen identities. Immigrants in Arizona have also been suffering much abuse and attack since these laws were enacted. The outcome of this case could signal how the Court would handle the controversial and more expansive Arizona immigration enforcement law, known as SB1070.
Hate crimes, especially ones that are racially charged, are deeply rooted in our nation’s history. Despite the election of Barack Obama to the highest position in the country, Americans continue to fight an uphill battle against racism. In recent years, immigrants have become the targeted recipients of such discrimination. Although most often it does not escalate to brutal attacks and fatal stabbings, there continues to be an overwhelmingly high number of reports of immigrants being discriminated against in the workplace. Discriminating against an individual based on race or national origin is unlawful and can be prosecuted under Title VII of the Civil Rights Act of 1964. Please visit the EEOC’s website for further information.
The law firm of Leeds Morelli & Brown, P.C., recognizes that in many situations immigrants do not have a voice that can be heard. Although America was founded by immigrants, and is primarily comprised of immigrants, in recent years our country has failed to properly support and integrate modern day immigrants into the workforce. The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment 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, Employment Law |
December 29th, 2010 by Leeds Morelli & Brown
The U.S. Supreme Court has decided to review whether to go forward with a massive class-action claim by female employees who claim sexual discrimination by Walmart. The Supreme Court will determine whether these women and millions of other employees will be able to stand up and enforce their workplace rights. Two lower federal courts have ruled that the class action lawsuit can proceed. The class will represent up to 1.5 million female employees of Walmart. The Supreme Court has agreed to hear an appeal by Walmart to review those decisions. Walmart is backed by other large employers and the U.S. Chamber of Commerce. Hearings are scheduled for Spring, 2011. Full article: cbs news.
Walmart has lost and/or settled more than 40 wage and hour class action suits in the last decade. Walmart has produced the same argument in each case, that the company does not discriminate, bad behavior of individual managers or supervisors may occur in select locations and therefore alleged victims should take these incidents up on a case-by-case basis. 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. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Please visit the EEOC’s website for further information: www.eeoc.gov/policy/vii.html.
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 |
December 28th, 2010 by Leeds Morelli & Brown
On November 28, 2010, WikiLeaks leaked embarrassing U.S. military and diplomatic documents that were intended to be kept classified. Instead, Julian Assange, WikiLeaks founder, posted the documents on his controversial website, and as predicted, the documents went viral. WikiLeaks is an international non-profit media organization that publishes submissions of otherwise unavailable documents from anonymous sources and leaks. WikiLeaks describes itself as “an uncensorable system for untraceable mass document leaking”. After the leak, the U.S. government was forced to face more embarrassment on the world stage relating to the wars in the Afghanistan and Iraq. Full Article
WikiLeaks founder Julian Assange is Swedish and therefore not subject to any U.S. laws. However, the belt has been tightened on U.S. Military officials and members as to who is leaking this classified information. The Supreme Court long has recognized that the First Amendment’s guarantee of freedom of “speech” protects not just talking but also conduct intended to express a point of view. In many instances, employees are bound by standards and policies of the company. Often times, an employee may not speak of the particulars of a company outside of work. However, under New York Labor Law §740, public and private employers cannot discipline or take retaliatory action against employees who disclose or threaten to disclose activities, policies or practices that violate laws or regulations or threaten public health or safety. The protections extend to public employees who disclose to a governmental body information that they reasonably believe to be an improper governmental action.
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- 5 JOB LAW or our firm’s website at www.lmblaw.com.
Posted in Civil Rights, Human Interest |
December 21st, 2010 by Leeds Morelli & Brown
The results are in from the National Retail Federation on the Thanksgiving weekend, Black Friday results. According to the results, 212 million shoppers visited stores and websites over the 4-day Black Friday weekend. This is up from the 195 million shoppers in 2009. Not only did more people partake in the holiday shopping binge, people also bought more. The average shopper spent $365.34, up from 2009’s $343.31. Total spending for the shopping weekend is an estimated $45.0 billion. Retailers are happy with the results, and this may increase jobs across the country.
New York State’s three month statewide average unemployment rate for September, October, and November remains at 8.3%. This is the same rate for April, May and June of this year. It is becoming more evident that once you land a job, it is important to maintain the job. Companies may look to get lay off employees using unlawful tactics. 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. The law forbids discrimination when it comes to any aspect of employment. 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.
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 |
December 20th, 2010 by Leeds Morelli & Brown
Rachelle Friedman’s perfect world changed after a freak accident at her bachelorette party left her paralyzed from the chest down. Friedman’s best friend and bridesmaid jokingly pushed the bride-to-be into the shallow end of a pool, causing Friedman to snap her neck and float to the surface. Although Friedman planned to marry her finance, Chris Chapman, health insurance has prevented the pair from moving forward with wedding plans, even though the two remain a couple. Their reason for not marrying: Friedman’s health insurance is limited and she must rely on medicaid to cover the costs of her care. If the couple got married, her governmental assistance would stop due to the couple’s combined income. Full story: Huffington Post
Medicaid is a government program for people who cannot afford to pay for medical care. Medicaid is a means tested program that is jointly funded by state and federal governments and managed by the states. Assistance is only available to those who qualify: those with high medical bills, those receiving Supplemental Security Income, and those who meet certain financial requirements. A major area of Medicaid is its nursing home coverage. The average cost of a nursing home in the United States is roughly $6,250 a month. As a general rule, the government will only pay the nursing home bill if the individual’s cash is below $2,000. This means that it is vital to plan ahead so that your loved one meets the eligibility requirements of Medicaid. An experienced estate planning attorney may held you plan for the future.
The attorneys at Leeds, Morelli & Brown, P.C. have worked with a variety of families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For questions regarding estate planning, please contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529 or visit the firm’s website at www.lbestatelaw.com.
Posted in Estate & Probate Administration |
December 17th, 2010 by Leeds Morelli & Brown
A billboard sponsored by an organization called American Atheists has been placed near the Lincoln Tunnel in North Bergen County, New Jersey and shows a silhouette of the Three Wise Men approaching a manger stating, “You KNOW it’s a Myth. This Season, Celebrate REASON!” The American Atheists paid $20,000 for the billboard, but claim it is not designed to convert Christians to atheism but to encourage existing atheists who are going through the motions of celebrating Christmas to stop and think. The billboard will remain on Route 495 for the remainder of the holiday season. For more information, click here.
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. In a case such as the one above regarding religion, harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive environment. Read More
The attorneys at Leeds Morelli & Brown, PC have won precedent-setting decisions involving discrimination for clients represented on Long Island, throughout the New York City area and from other parts of the country as well. For a free consultation, please Contact Leeds Morelli & Brown, PC at 1-888-5-JOBLAW.
Posted in Religious Discrimination |
December 16th, 2010 by Leeds Morelli & Brown
With less than 100 days until the end of the Collective Bargaining Agreement (CBA) between the NFL and the NFL Players Association (NFLPA), a labor dispute in the NFL is about to commence. This football headline stands as a potential no football in 2011, as many NFL owners may lock out NFL players from playing games because of a lack of agreement on a CBA. Negotiations between the NFL and the NFL Players Association as of now has not led to much progress. The 2010 League Year opened up with no salary cap and no salary floor. As a result, the low spending year has inspired ownership to form a new economic system for the future. In March 2006 NFL ownership ratified a new agreement with the players. As a result, the 2005 Salary Cap for NFL teams which was $85.5 million went up geometrically to $102 million for 2006. The agreement was supposed to continue until March of 2013. The owners took advantage of an opt-out clause in May of 2008 to end the current CBA two years early. This means 2008 and 2009 were played with a Cap and the last season of 2010 would be played without one. There is now new leadership in which Roger Goodell is leading the CBA and DeMaurice Smith is leading the NFLPA. Both Goodell and Smith are negotiating a CBA for the first time, and their relationship will be paramount. Read More
The NFL labor disputes set to take place call to mind the importance of labor law and employee rights protected by Federal law. In times of economic uncertainty such as this, it is important to find and keep a job that will treat you fairly. The Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. The Act applies to employers that oversee employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce. The Act covers the following regardless of their annual dollar amount in income: hospitals; institutions engaged in the care of the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are mentally or physically disabled or gifted; preschools, elementary and secondary schools, and institutions of higher education; and federal, state, and local government agencies. Read More
If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, slave labor, employer discrimination, has not been provided with safety precautions, or just looking to speak with an employment attorney, please contact Leeds Morelli & Brown, PC at 1-888-585-4658, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.
Posted in Employment Law |
December 14th, 2010 by Leeds Morelli & Brown
Italy’s prime time television has been singled out as a “parade of prurience” which is inescapable and a reflection of the society’s deeper problem with the evolving role of women. Italian media headlines focus on stories of teenage models, paid escorts, and Moroccan belly dancers who cavort with 74-year-old Prime Minister, Silvio Berlusconi. Before Berlusconi won prime minister election in the 1990s, the media mogul owned 45 percent of Italy’s television market. He gained control of state television when he became head of government. As a result, his influence on the way Italian women are portrayed on television is great. Many are convinced that there’s nothing they can do about gender discrimination. Measures to stop it, especially against women of reproductive age, are ignored because there’s no one to enforce them. As a result, only 45 percent of all Italian women work outside the home, which holds the lowest rate in the European Union. Compared to Norway, where 80 percent of women and in Britain where 72 percent of British work outside the home. Additionally, when Italian women do have jobs, they earn about 20 percent less than men. Read More
Unlike Italy, the United States has laws which are very firm on cases of gender discrimination and sexual harassment. Title VII of the Civil Rights Act regulates various types of discrimination including gender discrimination. Additionally, sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment. A hostile work situation typically involves repeated behavior that is abusive or offensive, or that interferes or alters the victims’ ability to perform their job. Employers that foster or otherwise allow these conditions to continue can be found liable for the conduct of the offending employees. Read More.
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of sexual harassment and gender discrimination. Our firm has been successful in matters of civil litigation and 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 Sexual Harassment |
December 10th, 2010 by Leeds Morelli & Brown
The ACLU of New Jersey is questioning why people are discarding their civil liberties in the name of security, while there is no guarantee this high-tech screening measure will prevent a terrorist attack at airports. A New Jersey statehouse is urging Congress to look into the Transportation Security Administration’s use of full body scanners airports. This movement has come after Newark Liberty International and John F. Kennedy International airports joined others nationwide in implementing the full body scanners. The head of the TSA stated that everyone wants the best security available and that the TSA is looking for a balance between security and privacy. Travelers fear the scanners may produce unhealthy radiation and complain that the pat-downs are too personal, which can include touching the inside of travelers’ thighs and feeling their buttocks. Read More
Invasion of privacy is the intrusion into the personal life of another, without proper cause. The United States Supreme Court has ruled that there is a limited constitutional right of privacy. This includes a right to privacy from government surveillance into an area where a person has a “reasonable expectation of privacy” and also in matters relating to marriage, procreation, contraception, family relationships, child rearing and education. However, records held by third parties such as financial records or telephone calling records are generally not protected unless a specific federal law applies. Read More
Leeds Morelli & Brown, PC works hard to defend the rights of their clients, against an illegal invasion of privacy. Our firm has had considerable success in civil matters 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 |
December 7th, 2010 by Leeds Morelli & Brown
New York Court of Appeals upheld a lower court’s decision to dismiss a lawsuit alleging Starbucks was liable for burns suffered from a cup of spilled tea. Rachel Moltner, a then 76-year-old NYC woman, claims she suffered burns to her leg after spilling her venti-sized tea when she tried to remove the lid. The woman claimed $3 million in damages resulting from a skin graft and bed sores and herniated discs from her stay in the hospital. Molter accused Starbucks of serving tea that was too hot in a double cup (one cup placed inside another) that was defectively designed. The Court of Appeals sided with the coffee giant, noting in its decision that “double-cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one’s hand.” David Jaroslawicz, a lawyer for Moltner, said the ruling probably ends his client’s case. Read More
In a 1994 products liability lawsuit, famously known as the McDonald’s coffee case, a jury awarded $2.86 million to a woman who burned herself with hot coffee she purchased from a fast food restaurant McDonald’s. The trial judge reduced the total award to $640,000, and the parties settled for a confidential amount before an appeal was decided. The plaintiff accused McDonald’s of gross negligence for selling coffee that was unreasonably dangerous and defectively manufactured. Gross negligence is a tort claim that essentially means serious carelessness. If somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being “gross.”
The attorneys at Leeds Morelli & Brown, P.C., have successfully handled a wide variety of tort claims for their clients throughout Long Island and the New York City area. For 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 Human Interest |