CBS’ Undercover Boss aired an episode that hit home to many workers around the country: the boss repeatedly bullied and harassed the workers.  A Hooters franchise manager forced the waitresses, who were scantily dressed in tiny orange shorts and low cut tank tops, to clasp their hands behind their backs and eat a serving of cooked beans face-first. The prize for the woman who finished her plate first was to leave early.  This all took place in front of Hooters CEO, who was working undercover as a trainee.  His reaction was strong, as he watched the waitresses participate in this humiliating contest.  Full article: USA Today.

This kind of managerial style is happening across the country.  According to a study conducted by research firm Zogby International for the Workplace Bullying Institute, one in three adults has experienced workplace bullying.  Nearly three-fourths of bullying is from the top down, according to a 2007 study.  Workplace Bullying is tough to diagnose and treat, as the bullying can be subtle, such as when a superior leaves an employee out of the loop so that the employee cannot properly do his or her job.  Existing federal laws focus on the harassment and discrimination of those in a protected class, such as race, religion, national origin, age or disability. Since 2003, 18 states have proposed a “healthy workplace bill” that holds an employer accountable for an abusive environment, but none has become law.  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

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.

Ford Motors has announced that it will add 7,000 new hourly and salaried jobs in the United States by the end of 2012.  Nearly 4,000 hourly jobs will be created at several of its U.S. plants this year, including 1,800 at the Louisville Assembly Plant, and plans to add 2,500 more factory jobs next year.  Ford also will add 750 salaried engineering jobs in product development and manufacturing. The engineers will specialize in batteries, system controls, software and energy storage to work on electric vehicles in Detroit and eight other cities: Boston; Chicago; Cincinnati; Columbus, Ohio; Milwaukee; Raleigh and Durham, North Carolina; and San Jose, California  Ford had 61,000 U.S. employees at the end of 2010, which is down from 76,000 at the end of 2007, and even less that the 163,000 employees it had 10 years ago.  However, Ford has been posting improved sales and U.S. market share in the last two years. Its U.S. sales were up 20% in 2010. Read More.

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.

Additionally, Ford should be mindful that safe labor standards must be in place for all US citizen employees, such as those individuals who are exposed to dangerous work conditions when building their vehicles. According to the New York State Department of Labor, violations of any provision of the Labor Law, the Industrial Code, or any rule, regulation, or lawful order of the Department of Labor is a misdemeanor. Violators can be punished by fine or imprisonment, or both, as well as even civil penalties. Read More.

The attorneys at Leeds, Morelli & Brown, P.C. are experienced in all matters of discrimination and labor law.  For any questions concerning discriminatory matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529.

The Broadway play, “Spider-Man,” re-opened last week after safety concerns grew regarding stage props.  The show re-opened only three days after a stunt man was severely injured.  However, after re-opening the $65 million show show went off without any problems.  Producers closed last Wednesday’s performance to implement safety measures ordered by the state Labor Department to prevent another show-stopping fall.  The actor who was injured fell 30 feet off a ramp and into the orchestra pit when his safety harness snapped. He underwent back surgery as a result.  This actor was the fourth member of the cast to be hurt since previews began last month.  Queens Democratic Assemblyman, Rory Lancman, criticized the play in a recent press conference statement that, “Workplace safety can’t be achieved by a process of trial and error.”  Read More.

Safe labor standards must be in place for all US citizen employees, and Broadways plays are no exception. According to the New York State Department of Labor, violations of any provision of the Labor Law, the Industrial Code, or any rule, regulation, or lawful order of the Department of Labor is a misdemeanor. Violators can be punished by fine or imprisonment, or both, as well as even civil penalties (up to $10,000) for each violation of labor law governing the employment of minors under 18 years old by an employer. Penalties include fine up to $1,000 for the first violation, $2,000, for the second, and $3,000 for the third and subsequent violations. Also, according to the New York State Department of Labor, an employer is not allowed penalize or discharge an employee because he/she complained to the Labor Department about the employer violating the law. Read More.

If you or someone you know has been affected by a violation of child labor laws or underage employment, the lawyers at Leeds Morelli & Brown, PC, have extensive experience in handling all matters of labor disputes regarding wage and hour law, child labor law, and workers compensation lawsuits.  Victims of such offenses may be entitled to compensation. For more information or a consultation, contact Leeds Morelli & Brown, PC at 1-888-5-JOBLAW.

The Equal Employment Opportunity Commission (EEOC) has sued the Kaplan Higher Education Corporation for discriminating against black job applicants by using credit histories in its hiring process. Several states, including Hawaii, Washington, Oregon and Illinois, have banned or severely limited the use of credit reports in hiring, while other states have considered similar laws. The EEOC claims that credit histories are often inaccurate and might not be a good indicator of a person’s qualifications for a particular job. The lawsuit, which has been filed in federal district court in Cleveland, states that since at least January 2008, Kaplan rejected job applicants based on their credit history, with a “significant disparate impact” on blacks. The federal lawsuit is seeking a permanent injunction to stop Kaplan’s use of credit histories in hiring, and also seeking lost wages and benefits for people who were not hired because of Kaplan’s use of credit reports to screen applicants, and wants Kaplan to make employment offers to those individuals. In a statement, Kaplan said, “We are an equal opportunity employer, and we are proud of the diversity of our work force.”  Read More.

Kaplan’s procedure above has an unlawful discriminatory impact because of race and is neither job-related nor justified by business necessity.  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, P.C. are experienced in all matters of discrimination, racial profiling, hate crimes, harassment and bigotry.  For any questions concerning discriminatory 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.

Governor Paterson signed into law tougher penalties for employers who illegally withhold workers’ pay.  The law will allow a court or the Labor Department to force employers to pay back wages plus an equal amount in damages, up from 25 percent currently.  A study conducted on New York City’s low-wage workers, done by the National Employment Law Project, in a sampling of New York City low-wage workers, showed that 21 percent were paid less than the legally required minimum wage in the previous week.  Of those workers who worked more than 40 hours the previous week, 77% said they were not paid proper overtime, and 55% did not receive required documentation of their earnings and deductions the previous week.  Although the new law received much criticism, there is much evidence that the law is necessary for low-wage workers in the area.  The law will take effect April, 2011. Full article: Newsday.com.

The New York State minimum wage is $7.25 per hour as of July 24, 2009 as a result of the increase in the federal wage rate.  Workers that believe they have not received the minimum wage must file a claim with the Department of Labor.   The Department of Labor will help collect underpayments for workers who have not received the minimum wage.  Labor Standards investigates and endeavors to collect on these claims for unpaid or withheld wages, including illegal deductions. The Department of Labor also enforces the prohibition against employers taking illegal kickbacks from wages and appropriating tips.  It is important to consult with an experienced employment law attorney if you believe you are receiving less than minimum wage.

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.

Kelsey Grammer and his soon-to-be ex-wife, Camille Grammer, currently starring on the Bravo’s Real Housewives of Beverly Hills, are in the midst of what has become a messy divorce.  The Grammers filed for divorce with the full intention of keeping it a private matter.  However, Kelsey Grammer is now trying to block is estranged wife’s access to his business and retirement accounts.  Kelsey filed documents in Los Angeles Superior Court that, if approved by the court, will block Camille from accessing Kelsey’s assets from the Screen Actors Guild, the Directors Guild of America, Equity League, AFTR Health & Retirement Funds, Producers Pension Plan, and Gramnet Inc, the couple’s production company.  The couple married in 1997 and have two children together.  Kelsey, 55, although still legally married to Camille, recently proposed to 29-year-old Kayte Walsh.  Full Article.

Retirement benefits, regardless of the length of marriage, need to be discussed and settled in divorce.  Typically, retirement benefits are divided by either present-day valuation buy-out or division into two accounts. In present day valuation buy-out, the spouse without the retirement benefits takes the present-day value of his or her interest in the retirement benefit and trades it for something else of equal value, such as cash or other assets.  In dividing retirement benefits, a Qualified Domestic Relations Order (QDRO) will be required to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse.  It is important to weigh your options when making a decision about retirement benefits.

The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island in domestic relation matters.  For any questions concerning divorce or other 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.

President Obama has signed a landmark discrimination settlement last week which will send money to more than 75,000 black farmers across the country.  Most are expected to receive an average of $50,000 from the $1.15 billion settlement. The settlement, known as Pigford II, is the government’s response to a class-action case from the 1990s known as Pigford vs. Glickman which recalls decades of discrimination by the U.S. Department of Agriculture.  Farmers were denied loans and some were told they had no right to farm. Thousands of black farmers were paid after a settlement with the federal government in 1999.  However, tens of thousands missed the deadline to apply until relief came under the Obama administration.  Read More.

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, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. This law is enforced by the Civil Rights Center.

The lawyers at Leeds Morelli & Brown, PC, located in Nassau County, New York, have been successful in litigating against discrimination claims. If you have been a victim of discrimination because of your age, gender, race, or sexual orientation, please contact Leeds Morelli & Brown, PC at 1-888-585-4658, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

A federal judge issued an order to compel the Kings Park School District to appear in court this week on Wednesday.  The order demands to know to why the District suspended a 17 year-old student from extracurricular activities after she admitted to passing a container of alcohol to a student at a school event. The student, Nina Ottaviano has obtained legal counsel from Jeffrey K. Brown of Leeds, Morelli & Brown, PC, who has argued on her behalf that failing to reverse her suspension from activities during her senior year would do irreparable damage to her future.  Until the incident, Ottaviano had been on the soccer and basketball teams, editor of the school newspaper and a member of the National Honor Society, Spanish Honor Society, Students Against Drunk Driving and Peer Support program.  The lawsuit, filed in Late October 2010 states that on September 16th another student gave Ottaviano alcohol in a bottle of hair spray.  The bottle was passed to her so that she could pass the bottle to a friend during a senior banquet.  The lawsuit claims that the punishment is “far more severe” than sanctions posed on other people, such as male athletes who have been caught drinking by the school.  Read More.

One of the major claims at bar in this case deals with gender discrimination.  Title IX of the Educations Amendments of 1972 holds that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except (with certain exceptions within each): 1.) Classes of educational institutions subject to prohibition; 2.) Educational institutions commencing planned change in admissions; 3.) Educational institutions of religious organizations with contrary religious tenets; 4.) Educational institutions training individuals for military services or merchant marine; 5.) Public educational institutions with traditional and continuing admissions policy; 6.) Social fraternities or sororities; voluntary youth service organization; 7.) Boy or girl conferences; 8.) Father-son or mother-daughter activities at educational institutions; or 9.) Institutions of higher education scholarship awards in “beauty” pageants.  Read More.

Leeds Morelli & Brown, PC is a nationally recognized firm in the area of discrimination law.  Our firm has had considerable success in this area of law 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.

Harvard cops are investigating what has been identified as a bias crime, after books on gay and lesbian issues found soaked in urine.  A total of 40 books on gay and lesbian issues were found wet with urine at the school’s Lamont Library.   The books dealt with issues such as same sex marriage.  Library staff found an empty bottle nearby that appeared to have contained urine.  The college will probably have to throw out the books because they were too damaged to salvage.  Read More.

According to the Hate Crimes Act of 2000, the NY legislature has declared that a person commits a hate crime when he or she commits a specified offense and either:
a)    intentionally selects the person against whom the offense is
committed or intended to be committed in whole or in substantial part
because of a belief or perception regarding the race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation of a person, regardless of whether the belief or
perception is correct, or
b)    intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation of a person, regardless
of whether the belief or perception is correct.

Learn More

While the gay and lesbian community are not a specific class of people covered under this Act, they are afforded rights as citizens against hate crimes.

Leeds Morelli & Brown, PC is a nationally recognized firm in the area of Discrimination law. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.