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Blockbuster Settles Claims Brought by EEOC Two Million

January 12th, 2012 by Leeds Morelli & Brown

Blockbuster, Inc. recently agreed to pay more than $2 million to settle a lawsuit brought by the Equal Employment Opportunity Commission. According to the lawsuit, the video company subjected female employees to sexual harassment in 2004 and 2005 in a Gaithersburg, Maryland distribution center. In addition to sexual harassment, Blockbuster was also accused of retaliating against these women. Blockbuster was bought earlier in 2011 in a bankruptcy sale by the Dish Network Corporation. Read Full Article

It is illegal for an employer to do anything in retaliation for their actions in speaking up. It is unlawful to retaliate against an employee for opposing an illegal employment practice, or participating in any way in an investigation. It is also illegal for employers to retaliate against an employee when he/she requests for reasonable accommodation of his/her disability under the Americans with Disabilities Act, when an employee applies for medical leave under the Family and Medical Leave Act or when an employee files complaints of harassment or discrimination. Recently, the Supreme Court has ruled that the protections against discrimination and harassment, which are guaranteed under the Age Discrimination in Employment Act (ADEA), also extend to retaliation. Retaliation claims can be dangerous because there are many ways for an employer to do something that appears to be retaliation even when it isn’t intended to be retaliation. There is also no requirement that whatever the employee complained about to begin with is actually illegal in order to prevail in an employer retaliation lawsuit. Learn more

Leeds Morelli & Brown, PC will strive to obtain the best judgments for victims of employer retaliation. If you or someone you know has been affected by employer retaliation, you are entitled to know your rights. 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.

Posted in Employment Law, Sexual Harassment |

Outback Steakhouse Sued by EEOC for Disability Discrimination

December 1st, 2011 by Leeds Morelli & Brown

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An Outback Steakhouse restaurant in Phoenix Arizona fired an employee on because he needed a reasonable accommodation. The EEOC has filed a lawsuit against the company, OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc. The lawsuit alleges that server John Woods, who suffers from traumatic brain injury, worked as a server from November, 2009 until approximately January, 2010, when he was fired. The EEOC charged that Outback terminated Woods’ employment because of his disability and/or because he needed a reasonable accommodation. The lawsuit seeks back pay, compensatory and punitive damages for Woods, as well as appropriate injunctive relief to prevent any further discriminatory practices. Full article.

Title I of the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act of 2008 (ADAAA), prohibits private employers from discriminating against qualified individuals with disabilities in hiring, firing, advancement, compensation, and other terms, conditions, and privileges of employment. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment, or in the way things are usually done, to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. EEOC Website.

Leeds Morelli & Brown, PC centers its practice around 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 Disabilty Discrimination, Discrimination, Employment Law |

Swimsuit Rule Leads to Lawsuit by Lifeguard Against New York State

November 11th, 2011 by Leeds Morelli & Brown

lifeguard-pool

Roy Lester is a 61 year old lifeguard who is suing New York State Parks for age discrimination. The lawsuit is based on the complaint that a park rule would have forced him to wear a swimsuit which he stated was not appropriate for someone of his age to wear. The rule requires lifeguards to wear “boxers, briefs or board shorts” when performing a qualifying swim test, but Roy Lester does not believe someone his age should wear such revealing clothing and feels that looser fitting shorts would slow him down. Read more: http://www.cnn.com/2011/US/08/19/new.york.swimsuit.lawsuit/index.html?iref=obnetwork

Before any individual can retire, he or she must put in years of work. During the years prior to retirement, it is important to be in a safe working environment and to be treated fairly by an employer. 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. 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. See: http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/minors.shtm

If you or someone you know has been affected by a violation of labor laws, the lawyers at Leeds Morelli & Brown, PC, have extensive experience in handling all matters of labor disputes regarding safe work environments, 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.

Posted in Employment Law, Labor Abuses |

EEOC Lawsuit Against North Carolina Restaurant for Sexual Harassment

November 3rd, 2011 by Leeds Morelli & Brown

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Huntersville Seafood, Inc. doing business as Captain’s Galley Restaurant is a North Carolina restaurant which must pay $86,000 to settle a sexual harassment and retaliation lawsuit by the EEOC. The lawsuit centered around former male employees who were subjected to abuse by a male co - worker from 2007-2008 by being touched on the buttocks, nipples, and testicles as well as subjected to daily sexual gestures and comments. Allegedly, harassment continued after employees complained and he was then discharged as a result. In addition to monetary damages, sexual harassment training for managers and employees is required. Read more: http://www.eeoc.gov/eeoc/newsroom/release/8-26-11.cfm

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. In addition, state-level sexual harassment statutes prohibit sexual harassment 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. 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, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

Posted in Discrimination, Employment Law, Sexual Harassment |

New York City Schools: 777 Workers Will Lose Jobs

October 12th, 2011 by Leeds Morelli & Brown

school-house

The New York City Education Department will let go of nearly 780 employees will lose their jobs by October, in the largest layoff at a single agency since Mayor Michael R. Bloomberg took office in 2002. The layoffs are a result of budget cuts to the school which have occurred in each of the last four years. Principals will be forced to make tough decisions about what and whom to do without. Full article.

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.

Leeds Morelli & Brown, PC devotes a large area of practice to 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 |

Childhood Sexualized? Outrage Over Children Working In Adult Industries

October 3rd, 2011 by Leeds Morelli & Brown

child-labor

The French website Jours Apres Lunes has posted revealing pictures of young girls wearing panties and bras. The advertisement campaign depicts young girls wearing a new line from the French designer Sophie Morin. Fashion designer Sophie Morin declares her children’s lingerie line is meant for children to wear underwear that is soft and pleasant to wear, and in no way an extension of provocative women’s lingerie. The pictures tell a different story. The advertisement campaign has many children advocates outraged. Full article.

Under New York law, children under 14 years of age may not be employed any time, neither after school nor during vacation. However, minors 11 years of age or older may work outside school hours as newspaper carriers to deliver, or sell and deliver newspapers, shopping papers, or periodicals to homes or business places. Minors 12 years of age or older may work outside school hours for their parents or guardians either on the home farm or at other outdoor work not connected with a business. There is no minimum age for child performers at theatrical, radio, or television performances or for child models, although a permit is required prior to employment. For more details regarding New York’s Child Labor Laws see: NY Department of Labor

Leeds Morelli & Brown, PC is a nationally recognized leader 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, Labor Abuses |

3M to Pay $3 Million to Settle EEOC Age Discrimination Suit

September 15th, 2011 by Leeds Morelli & Brown

Global technology giant 3M has agreed to pay $3 million to a class of former employees and implement preventive measures to resolve a nationwide age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC filed a lawsuit against 3M claiming the company laid off hundreds of employees over the age 45. The EEOC also claimed that older employees were denied leadership training and laid off to make way for younger leaders. 3M settled with the EEOC to pay $3 million in damages, as well as implementing new company procedures to prevent this type of discrimination from occurring in the future. Full article.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

Leeds Morelli & Brown, PC centers its practice on 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 |

Collegiate Development Services Settles EEOC Lawsuit

September 10th, 2011 by Leeds Morelli & Brown

An Irving Texas developer of housing facility has agreed to pay $50,000 and furnish other relief to settle an age discrimination lawsuit brought by the EEOC.  The Collegiate Development Services’ director of market research expressed to the assistant property manager that Velda Poole, 62 years of age, was too old to connect with the college-age residents. When Poole learned of the comments and reported the comment to higher management, Poole was fired. A settlement between Poole and the Collegiate Development Services will pay $50,000 to the victim and provide training to managers and supervisors on equal employment policies and procedures. Full article.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

Leeds Morelli & Brown, PC focuses a large area of practice 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 & Brown, PC at 1-800-585-4658 for a free consultation.

Posted in Discrimination, Employment Law |

Texas Debt Collection Agency is Sued by EEOC for Discrimination

September 6th, 2011 by Leeds Morelli & Brown

A Houston debt collection has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) because it allegedly did not allow an employee from returning to work from maternity leave as she intended to use a breast pump in violation of federal law. The EEOC’s suit was filed in February 2009, when Donnicia Venters who was an account representative for the debt collection agency was not allowed to return to work. Venters was employed with the debt collection agency since March 2006 when she gave birth to a child in 2008, and had taken less than three months of maternity leave before attempting to return to work. Read more: http://www.eeoc.gov/eeoc/newsroom/release/6-29-11.cfm

The EEOC enforces federal laws prohibiting employment discrimination. Additional information about the EEOC can be found at www.eeoc.gov. Title VII of the Civil Rights Act of 1964, which was amended by the Pregnancy Discrimination Act of 1978, prohibits employers from discriminating against employees and job applicants because of their sex (including pregnancy, childbirth or related medical conditions).

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 Discrimination, Employment Law |

Annette Charles, Cha Cha from Grease, Dies at Age 63

August 30th, 2011 by Leeds Morelli & Brown

Annette Charles, most famous for her role as Cha Cha DiGregorio in the 1978 movie musical Grease, lost her battle with cancer at age 63 on August 4, 2011. As the self-proclaimed “best dancer at St. Bernadette’s,” Charles’ character famously hit the floor with John Travolta during the dance competition scene. Charles also appeared on TV’s The Incredible Hulk and Magnum, P.I. She later left the screen to become a speech professor at California State University Northridge. Full article.

If a person dies without a will, then the decedent’s estate will pass according to the laws of intestacy. New York legislature has designed a scheme of distribution that provides default rules for distribution in the absence of a will. Under the statutory framework of intestacy, a surviving spouse is guaranteed the first $50,000 whether the decedent dies with or without a will. If the decedent has surviving children, the children will split one-half of the remaining amount with one-half of the balance to the surviving spouse. If there is no surviving spouse or children, the entire estate passes equally to the deceased person’s parents.

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 Employment Law |

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