In San Francisco, CA, nine Chuck E. Cheese Restaurants have been fined for a total of $28,000 by the U.S. Department of Labor. The fines were charged to the restaurant chain for violating federal child labor laws. It was found that the chain put sixteen (16) young workers at risk by allowing them to load and operate on-site trash compactors, and run a dough mixing machine. As a result, the company has agreed to pay the fines and comply with federal regulations by removing keys from trash compactors, directing employees under 18 years old not to operate them, and putting warning signs on equipment. Read Full Article

The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The broadest federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). This law restricts underage employees in nonagricultural occupations from engaging in hazardous activities such as scrap paper balers, paper box compactors and mixers for dough, batter and other foods. FLSA also restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform. Enforcement of the FLSA’s child labor provisions is handled by the Department’s Wage and Hour Division. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. There is no limit on the number of hours employees 16 years or older may work in any workweek. Learn More

In addition, depending on the job, employers are given specific guidelines designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health and safety. Learn 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 1-800-585-4658.

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.

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.

Four Food Studio & Cocktail Salon in Melville, Long Island, has been sued for failing to pay servers a 20 percent mandatory gratuity which is charged to customers hosting catered events and for unpaid wages owed to the employees, as well as damages and attorney fees. Jeffrey K. Brown, partner at Leeds Morelli & Brown PC, of Carle Place, said, “Regrettably, there are too many greedy restaurants that rob hardworking employees during these difficult economic times of the money that is rightfully theirs.” If this lawsuit is accepted as a class action, the suit could involve more than 70 employees which includes servers, busboys, cleanup staff and bartenders. “These alleged illegal pay practices have cost the employees of Four Food thousands of lost dollars and under the law, these businesses must be penalized for their failure to comply with the law,” said Len Leeds who is also a partner at Leeds Morelli & Brown.

Currently, the FLSA requires that employees be paid at least the federal minimum wage which is $7.25 per hour. Employers who violate these provisions are liable to their workers for the full amount of unpaid wages as well as an equal amount in liquidated damages. Employers must also maintain accurate records of employees’ wages, hours and other conditions of employment. Furthermore, employers are prohibited from retaliating against employees who exercise their rights under the law. For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Long Island office at 516-338-1890. Information is also available at http://www.dol.gov/whd.

Based in Carle Place, NY, Leeds Morelli & Brown, LLP is a New York City area law firm which is dedicated to providing guidance and representation to clients with concerns involving a broad range of legal practice area, including labor law violations. For more information call 1-800-585 4658 or visit www.lmblaw.com.

The state Attorney General’s Office has order a cleaning company, KJR Cleaning, to pay $26,000 in fines and restitution for violating the state’s prevailing wage, independent contractor and payroll record-keeping laws.  They are also being fined for retaliating against an employee who filed a complaint.  The violations trace back to an investigation performed on the premises in February 2010, where the Attorney General’s Fair Labor Division received a complaint alleging that workers had not been paid properly at two separate prevailing wage jobs at the University of Massachusetts in Amherst.  The company has now been ordered to pay more than $4,000 in restitution and $22,000 to pay in penalty to the Commonwealth of the state. Full article

In Massachusetts, wage and hour laws include anti-retaliation provisions protecting employees who bring violations to the Attorney General. It is illegal for an employer to penalize, discharge, or discriminate against an employee who reports violations. It is also illegal for employers to threaten or intimidate employees.

Further, employers are required to preserve payroll records for at least 3 years, collective bargaining agreements, and sales and purchase records. For a full listing of the types of records an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements Under the FLSA.

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. At Leeds Morelli & Brown, PC, our lawyers have much experience in handling employment disputes and knowledge in wage and hour law. Our office focuses on disputes dealing with overtime claims and wage and hour law violations, including violations resulting from improper wage and overtime calculations. We represent employees in wage and hour violations throughout Long Island and the New York City metropolitan area, as well as across the country. For a consultation, contact Leeds Morelli & Brown, PC  at 1-888-5-JOBLAW.

Unemployment has risen up to 9.2 percent which has increased from 9.1 percent in May 2010. As of May 2010, Long Island’s average of person who do not have jobs is at 6.7 percent. While the country’s private sector has added 57,000 jobs in May 2010, the federal, state and local governments have cut 39,000 jobs. Research experts find the temporary factors such as the Japanese earthquake have hurt recent job numbers. See: http://www.newsday.com/business/unemployment-hits-9-2-percent-as-hiring-stalls-1.3012351

Despite the gloomy outlook for jobs, many people who do have jobs should be aware of their rights. The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The broadest federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. See: http://www.dol.gov/whd/flsa/index.htm

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 wage and hour 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 Department of Education has fired Andrew Buck, Brooklyn principal of the Middle School for Art and Philosophy. Buck’s behavior grabbed headlines after sending teachers nonsensical letters filled with grammatical errors and pressuring parents and staffers to recommend him for tenure. An investigation of the C-rated school revealed a chaotic and violent environment where teachers and students were regularly assaulted, and kids had sex in the stairways. Buck has been transferred to desk duty while the city moves to fire him. Full article.

Unless an employee is contracted to stay with a company for a specific period of time, New York law establishes employees as “at will.” This means an employer has the right to discharge an employee at any time for any reason without a contract restricting termination. This also protects the employee’s right to resign at any time. An employer may fire an employee for “no reason,” or for a reason that might seem arbitrary and unfair. The employee is equally free to quit at any time without being required to explain or defend that decision. There are a few exceptions to New York’s at will employment. The most significant being discrimination based upon race, creed, national origin, age, handicap, gender, sexual orientation or marital status. Additionally, an employer cannot fire an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union. Further, no employer shall penalize any employee for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner’s representative, about any provision of the Labor Law. For more information: www.labor.ny.gov.

Leeds Morelli & Brown, PC dedicates a large amount 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.

NYPD detective, Dawn DelValle, has filed a lawsuit claiming that when she complained she was sexually harassed by a deputy chief she faced retaliation and the person who sexually harassed her got early retirement.  The detective claims she was “ostracized” and called a rat. In April 2010, she accused Deputy Chief Michael Gabriel of asking about her personal life, marriage and her cleavage. She alleges that she was reassigned to work with a lieutenant who had made remarks and attacked her character. Read more: http://www.nydailynews.com/ny_local/2011/05/13/2011-05-13_detective_says_officer_who_sexually_harassed_her_got_early_retirement_while_she_.html#ixzz1MLRe1vdZ

According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC). In addition, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights Center. See: http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm

As one of the prominent 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.

Florida has increased the state minimum wage from $7.25 per hour to $7.31 per hour which became effective June 1, 2011.  Additionally, the wage for tipped employees will increase from $4.23 per hour to $4.29 per hour, plus tips.  Every year Florida reassesses the minimum wage based on any change in the Consumer Price Index and takes effect on January 1 of the next year. When there was no increase this year, a lawsuit was filed claiming the state violated Florida’s constitution.  Ultimately, court case ruled that the state had miscalculated the minimum wage rate and ordered an increase to go into effect on June 1, 2011. See: http://www.postercompliance.com/about-us/labor-law-news/

The Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD) which contains the standards for minimum wages, overtime pay, recordkeeping, and child labor.  Every employer covered by the FLSA must keep certain records for each worker. The records should be kept at the place of employment or in a central records office.  Additionally, an employer must maintain records of information such as the employee’s full name, address, including zip code birth date (if younger than 19), sex and occupation, time and day of week when employee’s workweek begins, hours worked each day and total hours worked each workweek, the basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”, and the regular hourly pay rate to name a few.  Employers are required to preserve payroll records for at least 3 years, collective bargaining agreements, and sales and purchase records. Records of wage computations should be retained for two years (such as time cards and piecework tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages). For a full listing of the types of records an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements Under the FLSA.

Our lawyers excel at helping their 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.

The U.S. Department of Labor has fined three well-known Long Island pizzerias in Bellmore, Massapequa, and Bethpage, each doing business as Gino’s Pizza Pasta Restaurant, for a total of $181,544 in overtime back wages to 61 employees. The pizzerias were also fined $22,002 in civil money penalties to pay the government for willfully violating the federal Fair Labor Standards Act (FLSA). Investigators found that the employers had violated the FLSA by paying workers “straight time” wages for all hours worked, rather than time and one-half for hours worked beyond 40 per week, as well as falsified time cards in order to claim workers were being paid accurate wages. This was done in violation of the FLSA’s record-keeping provisions. See: http://www.dol.gov/whd/media/press/whdpressVB3.asp?pressdoc=Northeast/20110421.xml

Currently, the FLSA requires that employees be paid at least the federal minimum wage, which is $7.25 per hour. Employers who violate these provisions are liable to their workers for the full amount of unpaid wages as well as an equal amount in liquidated damages. Employers must also maintain accurate records of employees’ wages, hours and other conditions of employment. Furthermore, employers are prohibited from retaliating against employees who exercise their rights under the law. For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Long Island office at 516-338-1890. Information is also available at http://www.dol.gov/whd.

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. At Leeds Morelli & Brown, PC, our lawyers have extensive experience in handling employment disputes and knowledge in wage and hour law. Our office focuses on disputes dealing with overtime claims and wage and hour law violations, including violations resulting from improper wage and overtime calculations. We represent employees in wage and hour violations throughout Long Island and the New York City metropolitan area, as well as across the country. For a consultation, contact Leeds Morelli & Brown, PC at 1-888-5-JOBLAW