Newark Plans To Expand Immigrant Detainee Center

May 31st, 2011 by Leeds Morelli & Brown

Crowds gathered to protest the expansion of a detention center in Newark, New Jersey, that houses immigrant detainees.  What has already been deemed an inhumane and abusive detention center, the addition of 2,700 new detention beds has many calling for a change in how we handle immigrant detainees.  The center will be a source of income for hard-pressed Newark.  Last year, the county housed an average of 465 immigrant detainees a day and garnered nearly $22 million in revenue.  Essex County officials see the new center as an opportunity to improve housing conditions.  The administration says the new center would provide plenty of sunshine, better medical care, amenities and federal oversight.  The Obama administration views it as proof of its commitment to overhaul the shameful way the government detains immigrants.  Full article:  NY Daily News.

            Despite being a “melting pot” and a land of opportunity, immigrants are not always well-treated when they come to the U.S.  Immigrants are often passed over in the workplace despite Title VII of the Civil Rights Act of 1964 making 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: 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 Employment Law |

U.S. District Court Certifies Class Action Lawsuit Against JC Penny Stores

May 24th, 2011 by Leeds Morelli & Brown

A class-action lawsuit filed by group of employees who claim the company that provides janitorial services at JC Penny Stores in New York and New Jersey hasn’t paid them overtime is proceeding in Long Island federal court. U.S. District Judge Joanna Seybert has certified the lawsuit, filed in 2009 in U.S. District Court for the Eastern District of New York in Central Islip, against Ultimate Services Inc. and an executive of the company, Fred Goldring, as a class action.  The employees, all of whom live and work on Long Island, alleged that the cleaning company “regularly required” them to work more than 40 hours a week, but did not pay them overtime or for all of the hours they had worked.  There are more than 100 workers in this class action lawsuit, represented by Carle Place law firm, Leeds Morelli and Brown, P.C.

The federal overtime provisions are contained in the Fair Labor Standards Act.  Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a work week at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any work week. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.  Some categories of employees are excluded by federal law from the requirement to receive one and one-half times their regular, straight-time rate of pay.  The occupations excluded by federal law are outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division at
US Department of Labor website.  New York State follows these exclusions but requires that they receive at least one and one half times the minimum rate of $7.15 for their overtime hours.

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 Employment Law, Labor Abuses, Overtime Pay |

Some Hiring Decisions not always Discriminatory

May 24th, 2011 by Leeds Morelli & Brown

While some hiring decisions are considered to be discriminatory, the following are not: Not hiring a person whose personality appears to be a “poor fit”; Not hiring a person whose English is not fluent for a position that involves speaking with customers on the telephone all day; Not hiring a person who is overweight and does not meet an employer’s established weight requirements. However, not hiring or firing someone for the following reasons is considered discriminatory: race, color, religion, sex, national origin, disability, genetic information or age.  Full story: http://articles.nydailynews.com/2011-04-08/news/29412404_1_personal-trainer-employers-practic

Currently, the law stands to protect people from discriminatory hiring. Federal and state laws which include Title VII of the Civil Rights Act of 1964 have been enacted to prevent employers from unfairly discriminating against job candidates and employees.  These laws also protect people from retaliation for filing a charge of discrimination. According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 is enforced by the Equal Employment Opportunity Commission (EEOC).  See: http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm

As a recognized equal opportunity and anti-discrimination firms in New York, Leeds Morelli & Brown P.C. works to achieve successful judgments that are in the best interests of their clients.  If you or someone you know has been affected by employment discrimination or seeking a class action please feel free to contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Posted in Disabilty Discrimination, Discrimination, Employment Law, Religious Discrimination |

CA Hotel Housekeepers say they were fired after complaints about unfair conditions

May 24th, 2011 by Leeds Morelli & Brown

Five former housekeepers at the Hilton Long Beach are speaking out against the hotel chain, claiming they were fired after reporting unfair working conditions to human resources.  Maria Medina, 40, said she and two other housekeepers met with human resources managers earlier this month to complain about erratic scheduling and other working conditions. The three and two others, all of whom were told they worked for a subcontractor, were fired two days later.  The group is demanding to be reinstated into full-time, permanent positions at the hotel.  The employees have reported to state investigators about what they called unfair conditions of employment.  Full article.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.  To help ensure that employees are free to participate in safety and health activities, the Act prohibits any person from discharging or retaliating against any employee because the employee has exercised rights under the Act.  These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection, and participating or testifying in any proceeding related to an OSHA inspection.  For more information, visit http://www.osha.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, Labor Abuses |

Victims fight back against slavery in South America

May 22nd, 2011 by Leeds Morelli & Brown

In Buenos Aires, women are taking a stand against slavery. For example, Maria Velasquez was in need of work and had no prospects in her hometown in Bolivia. After moving to Argentina in 2006 with her husband and one year old son in promise of a sewing job in the garment industry, she realized she entered a slave labor trade.  When she arrived, she was stationed to work in a hot and crowded factory. She was forced to sew 18 hours a day, seven days a week, making only $25 dollars a month. After a year of mistreatment she fled the country with her family.  Back in Bolivia, she joined the La Alameda clothing collective where she now works and produces sweat-free clothing in a non-threatening environment.  Each member works an eight-hour shift, and earns around $4 dollars an hour. The cooperative’s rules are that there is no boss, all issues are voted upon, and profits are split. This “No Chains” initiative is being credited with helping to bring attention to slave labor in Argentina and Thailand.  It is estimated that there are 3,000 clandestine clothing factories with some 25,000 workers in Argentina at the present time as slave labor has boomed as a result of the country’s economic crisis in 2001.  Full story: http://thecnnfreedomproject.blogs.cnn.com/2011/04/18/victims-break-chains-of-slavery/?hpt=Sbin

In the United States, the Department of Labor uses a variety of remedies to enforce compliance with the Fair Labor Standards Act’s (FLSA) requirements. When Wage and Hour Division investigators find violations, they recommend changes to bring the employer into compliance and request the payment of any back wages that are due to employees. Willful violators may be prosecuted criminally and fined up to $10,000.  A second conviction may result in imprisonment. In addition, employers may be subject to a civil money penalty of $50,000 for each violation occurring after May 21, 2008 that causes the death or serious injury of an employee. When a civil money penalty is issued, the employer has the right to file an exception to the determination within 15 days of receipt of the notice. Once filed, it is then referred to an Administrative Law Judge for a hearing and determination. If an exception is not filed, the penalty becomes final. The Department of Labor may also bring suit for back pay and an equal amount in liquidated damages, and it may obtain injunctions to restrain persons from violating the Act.  See: http://www.dol.gov/compliance/guide/minwage.htm

Leeds Morelli & Brown, PC is a respected employment and labor law firm throughout Long Island, the New York Metropolitan area. Leeds Morelli & Brown, PC lawyers have experience handling overtime claims and wage and hour law violations, including violations resulting from the improper classification of employees as salaried, exempt employees based on salary. If you or someone you know is not being fully compensated for all the time you work, or your employer has improperly calculated your hours worked, then you may be entitled to overtime and additional compensation. For more information, contact Leeds Morelli & Brown, PC at 1-800-585-4658 for a free consultation.

Posted in Employment Law |

Sheen not to be paid for ‘Two and a Half Men’ unaired episodes

May 5th, 2011 by Leeds Morelli & Brown


It appears that Charlie Sheen will not receive an estimated $1.2 million per-episode salary for the remaining four half-hour episodes that CBS had commissioned from Warner Bros regarding the sitcom known as ‘Two and a Half Men’.  The star is currently ranked the highest-paid actor on TV.  Additionally, as a result of Sheen’s hiatus, it is unclear if the rest of the cast and crew from the show will be paid or receive some measure of compensation for the unaired episodes.  Read Article:   http://www.cnn.com/2011/SHOWBIZ/TV/02/25/sheen.ew.tv/index.html?hpt=Sbin

The cast and crew from ‘Two and a Half Men’ would benefit from knowing their rights with respect to labor law and compensation for the unaired episodes they worked on.

The Fair Labor Standards Act (FLSA) and other laws specifically govern which employees can receive overtime pay and the minimum amounts that employers have to pay. If your employer has tried to circumvent or change these rules for their own benefit, please consider our law office to represent you.  For more information, see: http://www.dol.gov/

Our lawyers excel at helping its clients collect the compensation they have earned and the justice they deserve.  If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, employer discrimination, or just looking to speak with an employment attorney, please contact the office of Leeds Morelli & Brown, PC, at 1-888-5-JOBLAW, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

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Posted in Employment Law |