Defense of Marriage Act

March 29th, 2011 by Leeds Morelli & Brown

President Obama has called on Congress to repeal the1996 Defense of Marriage Act. The law was signed by President Bill Clinton and denies married same-sex couples the federal benefits granted to other married couples which included Social Security survivor payments and the right to file joint tax returns.  Justification for the marriage act was to “encourage responsible procreation.”   However, last month, two rulings by Judge Joseph Tauro, a federal trial judge in Massachusetts, were appealed, who found that the law’s denial of benefits to married same-sex couples was unconstitutional.  He explained that the marriage act exceeded Congress’s powers and infringed on the state’s right to regulate marriage.  Two new lawsuits have also come about, one filed in Connecticut and one filed in New York, both challenging the Defense of Marriage Act.  Read More.

Currently, discrimination and harassment based on sexual orientation is not itself is not yet protected by Title VII of the Civil Rights Act of 1964, but this law does makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. Additionally, the U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation.  Please visit the EEOC’s website for more information.

The lawyers at Leeds Morelli & Brown, PC, located in Nassau County, New York, have fought against all forms of discrimination for over two decades with much success. If you have been a victim of discrimination because of your age, gender, race, or sexual orientation, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658.

Posted in Divorce |

U.K. Study: Couples Who Marry Young Are Most Likely To Divorce

March 25th, 2011 by Leeds Morelli & Brown

A new study published in the United Kingdom shows couples in their 20’s are the most likely group to divorce.  An attributing factor is the celebrity culture fuels a rise in so-called “starter marriages” that end within five years.  Although the overall number of divorces in England and Wales in 2009 fell to its lowest level since 1974, the divorce rate among 25-29 year-olds was twice the average across all age groups.  These figures were put together by the Office for National Statistics.  Full article.

Approximately one in three of all first marriages in the United States end 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.

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 |

Princess Diana’s Brother Charles Spencer Engaged

March 24th, 2011 by Leeds Morelli & Brown

Charles Spencer, the brother of the late Princess Diana, has announced his engagement to a Canadian charity worker Karen Gordon.  Gordon is the founder and chief executive officer of Whole Child International, at the ancestral home where Diana is buried.  This is Spencer’s third marriage.  Spencer has four children from his first marriage to ex-model Victoria Lockwood and two other children from his second marriage to Caroline Hutton.  The couple will marry on June 18, 2011, just weeks after his nephew Prince William weds fiancée Kate Middleton at Westminster Abbey on April 29, 2011.  Full Story: NY Daily News.

It is important for those who enter marriage with children from a previous relationship to consider updating all estate planning documents.  A popular estate planning tool used by individuals who are in this situation is a Qualified Terminable Interest Property (QTIP) Trust.  This enables a spouse to look after his or her current spouse and ensure that the assets from the trust are then passed on to beneficiaries of his or her choice, such as the children from the spouse’s first marriage.  Income, and sometimes principal, generated from the trust is given to the surviving spouse to ensure he or she is taken care of for the remainder of his or her life.  Then once that spouse has passed, the principal is then given to the children of the first deceased spouse.  This avoids children of the spouse that passes first being written out of their father or mother’s estate, as often times the surviving spouse will rewrite his or her Last Will and Testament after their spouses passes, leaving the entire estate to their own children, and giving nothing to the deceased spouse’s children.

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 |

NYC Votes To Change Taxi Cab Dress Code

March 22nd, 2011 by Leeds Morelli & Brown

New York City’s Taxi and Limousine Commission voted unanimously to amend existing regulations to require that drivers maintain “a professional appearance.”  Previously, taxi cab drivers were prohibited from wearing specific clothing from being worn as outerwear, such as underwear, tank tops, and swimwear.  The new regulations emphasizes broad parameters, that a driver’s overall appearance has to be neat, clean and professional. TLC Commissioner David Yassky says ethnic and religious garb are welcome.  Those drivers found in violation of the new dress code will face a $25 fine.  Full article.

Generally, an employer may establish a dress code that applies to all employees or employees within certain job categories.  However, this comes with limitations.  If the dress code conflicts with some workers’ ethnic beliefs or practices, a dress code must not treat some employees less favorably because of their national origin.  If the dress code conflicts with an employee’s religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship.  Similarly, if an employee requests an accommodation to the dress code because of his or her disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.  For more information:  eeoc.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 Employment Law |

L.A. Clippers Face Wrongful Termination Lawsuit Based on Age, Race Discrimination

March 18th, 2011 by Leeds Morelli & Brown

Elgin Baylor, former GM of the NBA Franchise L.A. Clippers, filed a lawsuit in February 2009, alleging he was fired and suffered age and race discrimination while with the team, among other things.  The named defendants in the lawsuit are Clippers owner Donald Sterling, team president Andy Roeser and the National Basketball Association.  Clipper officials say Baylor resigned in October 2008 after 22 years as General Manager. However, Baylor claims he was unceremoniously dumped from the team based on race and age discrimination. Baylor also alleges that he was underpaid, never earning more than $350,000 a year, which is not comparable to the GM salaries for other NBA teams.  The Los Angeles Times reports the wrongful termination lawsuit is scheduled for trial on March 2.  Read more: L.A. Times

Age discrimination involves treating an applicant or employee less favorably because of his or her age.  The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. 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.  The law does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.  It is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older.  For more information: www.eeoc.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 Discrimination, Employment Law |

CBS’ 60 Minutes Morley Safer Speaks Out On All-Male Club

March 17th, 2011 by Leeds Morelli & Brown

The exclusive Century Association in Manhattan formed in 1829 was originally open to Artists, Literary Men, Scientists, Physicians, Officers of the Army and Navy, members of the Bench and Bar, Engineers, Clergymen, Representatives of the Press, Merchants and men of leisure.  It was originally intended to have a limited membership of 100 men.  Just a few weeks ago, members debated whether the club should sever its ties with the prestigious, all-male club in London, called the Garrick Club, that allows women to enter only in the company of men.  Morley Safer, longtime correspondent for CBS’s 60 Minutes, and member of the Century Association, weighed in on the debate, and perhaps stood out for a much harsher tone than other members.  Safer compared demands for gender equality to the need for special accommodations for nudists and transsexuals, according to e-mails obtained by The New York Times.  Despite allowing females into the club, it seems that some members, including Safer, prefer to exclude women from engaging in the social club. New York Times.

In the workplace, 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.  Please visit the EEOC’s website for further information: eeoc.gov.  Although the law requires equality and fairness in the workplace, many private clubs enjoy not having to abide by the EEOC.

Leeds Morelli & Brown, PC dedicates a large portion of their practice to 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 |

MTV’s Skins Under Criticism

March 16th, 2011 by Leeds Morelli & Brown

MTV’s new hit show Skins is under criticism for its vivid depiction of teen sex and drug use. Amidst the controversy, Taco Bell, one of the show’s advertisers, has decided to pull its advertising from the show. The show has also sparked the Parents Television Council to call on the chairmen of the U.S. Senate and House Judiciary committees and the Department of Justice to begin investigations about what the PTC alleges is child pornography involving actors as young as 15. If found too racy, MTV may have to pull the plug on its new hit.

New York provides strict laws for children under the age of 17 who work. For children 16 and 17, under New York law, when school is not in session, these children are permitted to work up to 8 hours a day, 48 hours per week, between 6 a.m. and midnight. While school is in session, children 16 and 17, are permitted to work 4 hours one a day preceding a school day (Monday through Thursday) and 8 hours on Friday, Saturday, Sunday, or holidays. Children 16 and 17 years of age may work up to 28 hours per week. New York law also regulates the kind of work children may undertake. Included on the exhaustive list, is any place dangerous or injurious to life, limb, or morals. It is arguable whether a racy television show is a place that is injurious to morals. 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 |

Jewish Hockey Player Files Harassment Suite Against Anaheim Ducks

March 15th, 2011 by Leeds Morelli & Brown

A Jewish hockey player drafted by the Anaheim Ducks, who was assigned to play in a minor league, sued the NHL team for religious discrimination and failure to prevent harassment.  Jason Bailey was drafted in 2005 and around 2008 signed a three year contract with the Ducks.  Bailey was assigned to play with the Bakersfield Condors, one of the Duck’s minor league teams.  Bailey alleges that his entire time spent playing with the Condors, he “was subject to severe and/or pervasive harassment on the basis of religion by being forced to endure a barrage of anti-Semitic, offensive and degrading verbal attacks regarding his Jewish faith.”  The harassment came from the Condors’ head coach.  The complaint alleges that the head coach made comments like “only care about money and who’s who.”  Bailey is now with the Ottawa Senators organization.  Full Article.

When it comes to racial or ethnic slurs, sexually inappropriate language or ageist remarks, there is no denying that it continues to thrive in the workplace.  There is an overwhelming amount of reports of what is referred to as “water cooler banter.”  Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964.   Offensive conduct that rises to the level of harassment in the workplace is unlawful.  This may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.  For more information: EEOC Website

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 Religious Discrimination |

Muslim City Employee Resigns Over Burqa Ban in German State

March 14th, 2011 by Leeds Morelli & Brown

The state of Hesse in Germany passed a law forbidding civil servants from wearing burqas.  A Frankfurt city employee, who wanted to wear a full-face veil to work, was forced to resigned after the city of Frankfurt told her she had to choose between her veil and her job.  The woman, who is of Moroccan origin, had previously worn a headscarf but wanted to resume her job after maternity leave with her face completely veiled.  Frankfurt city objected, telling her that taxpayers would not accept an official if they could not see their eyes.  In the midst of the standoff, Hesse state announced a ban on burqas in the public service.  Full article.

Title VII of the Civil Rights Act says it is illegal to discriminate based on a person’s religion in hiring, firing, promotion, pay, benefits and other work conditions. Like the FCRA, the federal law covers employers of 15 or more people.  Both Title VII and the FCRA prohibit employers from refusing to recruit, hire or promote someone because of their religion.  Employers must accommodate employees’ “sincerely held” religious beliefs or practices unless they create an undue hardship.  For example, changing an employee’s schedule to allow him or her to attend a religious service, allowing voluntary schedule swaps with co-workers and modifying workplace rules, such as dress or grooming requirements.  Please visit www.eeoc.gov for more information.

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.

Posted in Discrimination, Employment Law, Religious Discrimination |

Ohio Landlord Accused of Accepting Sex for Rent

March 7th, 2011 by Leeds Morelli & Brown

A federal lawsuit has been filed against a Cincinnati landlord who has been blackmailing his female tenants into having sex with him for the last three years.  Henry Bailey is a landlord who owns 22 apartment units across the city.  The lawsuit stated in detail that the landlord would enter his female tenants’ apartments without warning, make unwelcome sexual advances and comments, and evict tenants who would not comply with his demands.  The U.S. Department of Justice receives thousands of housing complaints every year but only files suit for about 30. Read More.

Issues of sexual harassment are governed by Title VII of the Civil Rights Act. As well as by state-level sexual harassment statutes which prohibit sexual harassment to and provide victims with a means to pursue justice.

Sexual harassment can occur in one of two ways: Quid pro quo harassment or hostile work environment harassment.  Quid pro quo harassment can constitute a one-time occurrence or involve repeated behavior requiring a person to tolerate some form of sexual harassment in order to get a job, keep a job, get a raise or promotion, or to receive some other benefit. This harassment can come from a prospective employer, a current employer, a manager or supervisor, or a co-worker. The sex and sexual orientation of your harasser does not matter.  Employers that foster or allow these conditions to continue can be found liable for the conduct of the offending employees. For more information, see: http://www.lmblaw.com/new-york/sexual-harassment.php

The lawyers at Leeds Morelli and Brown strive to successful judgments for their clients, including any former employees or recently fired workers who have been sexually harassed in the workplace.  If you or someone you know has been faced with sexual discrimination or sexual harassment, please contact our office, Leeds Morelli & Brown, PC, 1-888-5-JOBLAW, at One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

Posted in Sexual Harassment |

« Previous Entries