By Brandon Sipherd

2010 was supposed to be the year New York’s farm workers and field hands were to receive rights and protections enjoyed by all other workers.  However, this year it seems some animals will have more protections than tens of thousands of farm workers and field hands.

These workers want to have the right to overtime pay, the right to have minimal time off, and the right to organize and collectively bargain.  Yet, the state of New York continues to deny farm workers a guaranteed unpaid day off from work each week while carriage horses receive five weeks of vacation per year and there is a daily limit on the hours they can work.

The New York Assembly has passed such measures in the past and currently a majority of Democrats and Republicans support the proposed legislation granting farm workers these rights.  Last week, the proposed bill passed through the appropriate committees in order to bring the bill into legislation.

The Labor Committee, which has jurisdiction over changes in labor law, approved the bill.   The bill then should have passed to the Codes Committee, which oversees laws that impose fines.  However, last week state Senator John Sampson, who promised to deliver basic labor rights to farm and dairy workers, sent the bill to the Agriculture Committee.  This is a violation of New York Senate rules, which allow only committees that are directly related to proposed legislation make amendments before passing it along to the entire Senate for a vote.  The Agriculture Committee only oversees changes to specific agricultural laws (not labor laws) and, therefore, has no business amending the bill.

However, Senator Darrel Aubertine, overseer of the Agriculture Committee, is under much political pressure because of this bill.  Samson is afraid that this pressure will cause Aubertine to lose his critical Democratic seat to a Republican in the upcoming election this fall.  Although the bill does not belong in the Agriculture Committee, Sampson is giving Aubertine and his committee an opportunity to kill the bill in order to improve his chances for reelection.

Hopefully, things will be put back on track in the Senate.  If not, the farm workers and field hands who desperately need protection will continue to go unprotected in New York.

By GetLegal.com

Some singers find success crooning about their family woes. However, when issues of child custody and visitation leave the lyrics and enter reality, courts may have to step in and make hard decisions to protect the welfare of their children.  This was the case in December, 2009 when Courtney Love, the former front-woman for the alternative band Hole, lost custody of her 17 year old daughter Frances Bean and was forbidden to contact her by court order.  Bean has been living with her paternal grandmother and aunt as her father, Nirvana band member Kurt Cobain committed suicide in 1995.

Recently, Love has expressed interest in regaining custody of her daughter.  Love has commented on her twitter page that she plans to go to court and sue her former mother and sister in law.  Love has stated “Im severely lonely without my best friend and no am not on drugs.”  NY Daily News, People Magazine

Under the New York Child Custody Jurisdiction and Enforcement Act, child custody is determined by “the best interests of the child.” To determine the best interests of the child, courts enlist the help of experts and psychologists to determine which parent or family member will be the best custodial parent for the child/children.  Additionally, the court will examine various factors in determining whether to grant a motion for child custody, such as the financial ability of each parents, the lifestyle of each parent, who has served as the child’s primary caretaker, the desires of the child, each parents availability and ability to care for the child, what living arrangements are available for the child, and any proven incidents of domestic violence based on a preponderance of the evidence.

The New York Child Custody Jurisdiction and Enforcement Act also spells out rules for joint custody. “Joint custody may not be awarded unless both parents mutually agree to the arrangement. However, once custody is established, the custodial parent should keep in mind that visitation rights of the non-custodial parent are constitutionally protected. Any action to prevent a biological parent from visiting with their child can lead to court sanctions against the custodial parent.”  New York Child Custody Jurisdiction and Enforcement Act.

Leeds Morelli & Brown, P.C. is a recognized firm in the area of child custody and visitation rights. Leeds Morelli & Brown, P.C. lawyers work hard to resolve matters that will be in your child’s best interests and successfully litigate your family’s legal issues. If you are seeking to gain custody over a child or want more information, please contact Leeds Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.

By Brandon Sipherd

Conan O’Brien is quitting as host of the “Tonight Show” after NBC pushed O’Brien from the 11:35 p.m. time slot to after midnight to accommodate Jay Leno.  O’Brien refused to comply with NBC’s order, contending the move violated his employment contract.

O’Brien is a member of various entertainment industry unions like the Writers Guild of America and the American Federation of Television and Radio Artists.  However, the terms of the unions’ collective bargaining agreements are not at issue here.  Instead, O’Brien’s employment relationship with NBC is governed by the terms and agreements of his employment contract, which is common for high-level executives and celebrities.   Therefore, the situation’s outcome will be based on the language of O’Brien’s employment contract.

O’Brien’s employment contract guarantying him the late night slot of 11:35 p.m. is the original question posed.  O’Brien’s contract did not contain an expressed guarantee with regards to his show’s time slot.  He was only guaranteed the “Tonight Show” which he argues is not 12:05 a.m.  If the contract had clearly expressed the show’s time, he would be in a much better position.  Both David Letterman and Jay Leno have contracts that guarantee a specific time-sport.

However, now that O’Brien has decided to relinquish hosting the “Tonight Show”, the issues are focused on how long he will have to wait before taking a new job with a rival network and the amount of money the network will have to pay.

Resolving these employment issues will be costly for NBC.  O’Brien currently earns around $12 million annually and there are two and a half years remaining on his contract.  It is estimated that O’Brien’s severance package will range somewhere from $25 million to $35 million.  The total amount that NBC will have to pay ultimately depends on several issues, including how long O’Brien will have to stay of the air.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Our employment law attorneys are dedicated to resolving issues of employment and contract law.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

All couples have their share of disagreements; however there are extreme cases where things escalate too far and legal assistance becomes necessary.  On Christmas Day 2009 at 3:30 a.m., Charlie Sheen and wife, Brooke Mueller Sheen, had an argument that escalated into a death threat. According to an affidavit, Brooke Mueller Sheen told Sheen that she wanted a divorce and would get custody over their twin boys. At that moment, Sheen reportedly held a knife to her throat and stated: “You better be in fear. If you tell anybody, I’ll kill you…I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

In her 911 call, Brooke Mueller Sheen stated: “I thought I was gonna die for one hour.” Sheen denied threatening his wife with a knife or choking her. Sheen claimed that he and his wife were having marital problems and that she abuses alcohol.  Sheen also told police he that was very upset with her threat of divorce because of his prior experiences (with ex-wife Denise Richards) and surrendered a folding knife with a 4-inch blade. Fox News Report; CNN Report.

Under New York Domestic Relations law Section 170, a spouse may seek a divorce on the grounds of adultery, imprisonment, abandonment, cruel and inhumane treatment and “no fault conversion.” A spouse seeking to gain a divorce based on cruel and inhumane treatment must demonstrate that serious misconduct by the other spouse is endangering their mental or physical well-being.  Further, they must show that the conduct renders it improper or unsafe for the injured spouses to cohabit with the cruel spouse. Additionally, a court will examine the duration of the marriage as a critical factor when considering granting a divorce based on this ground.

As a domestic relation firm in New York, Leeds Morelli & Brown P.C. works to achieve successful divorce judgments that are in the best interests of their clients and their clients children.  The firm handles a full range of domestic relations issues including child support, child custody, spousal maintenance, as well as the equitable distribution of assets.  If you are seeking a separation agreement, divorce decree, or help with any other family law related issues contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Leeds Morelli & Brown P.C., is pleased to announce that it is has joined with The Workplace Project to stamp out work place discrimination in Manhattan, Brooklyn, Queens, the Bronx and Nassau and Suffolk Counties.  As reported by News 12, Newsday, and 1010 Wins, Leeds Morelli & Brown P.C. is representing six women who were the victims of vile and degrading sexual harassment while working as package inspectors at Alan Ritchey, a shipping contractor.  Since 2003, these women have been subjected to a pervasive pattern of harassment and threats at the hands of their managers and co-workers.  When they complained, rather than acting to remedy the situation, the company terminated them.

Founded in 1992, The Workplace Project exists “To end the exploitation of Latino immigrant workers on Long Island and to achieve socioeconomic justice by promoting the full political, economic and cultural participation of these workers in the communities in which they live.”  One of The Workplace Project’s primary goals is to end the exploitation of workers on Long Island.  They approach this important task by providing workers with support, education and working to ensure that New York State enacts and enforces laws to protect them.

As one of the preeminent labor and employment law firms in New York, Leeds Morelli & Brown P.C. shares these goals with The Workplace Project and has spent years fighting for the rights of its clients.  The firm is experienced with all manner of labor and employment issues ranging from discrimination to non-compete agreements and employment contracts. Leeds Morelli and Brown attorneys have represented both employers and employees in many venues including, but not limited to, The New York State Division of Human Rights, The Equal Employment Opportunity Commission (EEOC), and New York State and Federal Courts with positive results. If you are facing an employment issue, 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.

By Karen Best

It has been almost a month since Election Day and Nassau County still has not declared a winner for the Nassau County Executive position nor for the Nassau County Comptroller position. The votes for both positions are still being counted and as of today for Nassau County Executive, the Democratic incumbent Tom Suozzi trails Republican challenger Edward Mangano by 213 votes. For the Nassau County Comptroller position, Democrat incumbent Howard Weitzman trails Republican challenger George Maragos by 500 votes.

The final tally is supposed to be entered as early as Wednesday and as late as next week. All of the voting machine ballots have been counted. The reason behind the hold up is the paper ballots. The counting of the paper ballots are being held at the Board of Election Headquarters in Mineola. When Suozzi was asked if he would appeal the final count if it was unfavorable he stated he would not “unless there is some crazy fraud that took place.”

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Over the last two decades, we have established ourselves among as one of the leading alternative dispute resolution and litigation firms in the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Karen Best

Drunk driving has been a continuous problem in our nation. New York Governor David Patterson has signed a new law to stiffen the penalty. If someone drives drunk with a passenger under the age of 15 it will be an automatic felony.  Previous to the passage of the bill, driving drunk with a child in the car was only a misdemeanor. Now, the minimum blood alcohol level will be 0.08 and will apply to first time offenders. The law also requires that anyone convicted of driving while intoxicated must install an interlock on their car. The interlock is a device that acts like a breathalyzer and disables the car if alcohol is detected on the driver’s breathe.

Leandra’s Law is named after Leandra Rosado an 11 year old girl who was killed in an accident on the West Side Highway. In October, Leandra was a passenger in a van driven by her friend’s mother. The mother is alleged to have been driving drunk when she caused the van to flip over, killing Leandra.

Leandra’s father was present when Governor Paterson signed the bill and said “I guarantee you that my daughter’s death will not be in vain.” He also added, “Today I consider this a victorious day and a glorious day-not only for me and my family but all New Yorkers”.

Having represented many well-respected, high-profile individuals over the last two decades, we can say with a great degree of certainty — anyone can be investigated, arrested, charged and prosecuted for a crime. Having read news reports, articles and magazine features on stories of innocent people for much longer, we can also say — anyone can be convicted. While we do not hold ourselves out to be a “criminal defense law firm,” many of the lawyers at our firm have experience as prosecutors. As a result, we understand prosecutorial approaches and the strategies DAs use to try and convict you. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By: Elizabeth Lopez

Elizabeth Williams was a fundraiser at Binghamton University. In March 2009, Williams filed a complaint with the Equal Employment Opportunity Commission, alleging that two senior officials with Binghamton’s athletic department encouraged her to flirt with potential donors with the hopes of attaining donations for the school. The suit also alleges department officials tried to use her as a sexual “plaything” to ply money from donors, and that university officials took punitive measures against her once she reported the harassment.

Williams has been with the university since 2008, and the athletic department since January. Her lawyer writes in the suit: “She discovered that her new bosses viewed women as playthings and expected women in the department to raise money by exploiting their sexuality”.

The suit claims that Binghamton University bosses even would remember the type of women certain donors liked. One such donor reportedly liked “big-chested, loud-mouthed women”. One donor even solicited Williams to join him and his wife in bed, for a donation of course. The University’s response? “Binghamton University has zero tolerance for harassment or discrimination of any kind.”

On July 9, 2009, Williams officially filed the sexual harassment suit in Manhattan Federal Court. She alleges not only that her bosses sent her to New York City to flirt with potential donors, but also said that a boss groped her in an elevator. Elizabeth Williams’ allegations are detailed in a huge $11.5 million suit filed in New York’s Federal Court.

At Leeds Morelli & Brown we educate our clients on the proper procedures for filing a claim with the EEOC for sexual harassment and also give our clients advice on how to handle their situation appropriately until a claim has been filed. At Leeds Morelli & Brown, we strive to ensure the safety of our clients and help our clients manage a stressful situation. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a FREE CONSULTATION.

By Brandon Sipherd

This last week marked the one-year anniversary of Barack Obama’s victory over Senator John McCain.  Reflecting on this past year, we cannot help but ask if President Obama’s victory really brought about change?  Despite the many criticisms the President has received this last year, he has left a mark on one important area: pay equity.

Over 45 years ago, President Kennedy singed the Equal Pay Act, making it illegal for employers to pay unequal wages to men and women who perform the same work.  At that time women received 59 cents to every dollar earned by men.  Today that has increased to about 78 cents for every dollar paid to men; in New York the average is slightly higher as women receive 82 cents for every dollar.  Although the pay gap is closing, women across America continue to suffer from this discriminatory practice.

In January 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, which is a step forward in improving pay discrimination laws.  This substantive piece of legislation reverses the Supreme Court’s ruling in Ledbetter v. Goodyear Tire & Rubber Co., which severely limited a worker’s ability to vindicate her rights under federal anti-discrimination laws.  This reversal of the Supreme Court’s ruling restores the protections against pay discrimination that used to exist.  Now people who suffer pay wage discrimination based on sex, race, national origin, age, religion and disability may file a claim when they became subject to discriminatory practice or affected by a discriminatory practice.  This includes any time an employee receives a discriminatory paycheck.  Therefore, the 180-day statute of limitations for filing a pay discrimination lawsuit resets with each new discriminatory paycheck.  Thanks to President Obama’s signing of the Lilly Ledbetter Fair Pay Act, anyone who is subjected to pay discrimination will now have a greater ability to challenge and vindicate their rights in a court of law.

At Leeds Morelli & Brown, PC, we believe that discrimination has no place in a democratic and free society.  Our employment law attorneys are dedicated to resolving issues of wage discrimination and pay equity in the workplace and elsewhere.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658.

By: Elizabeth Lopez

A local lawmaker in Belmont, Massachusetts is hoping to tighten the rules on so-called non-compete agreements through legislation, which it’s supporters say “too often hamstring workers’ ability to find new jobs”. State Rep. Will Brownsberger, filed legislation earlier this year that would not only restrict employers’ ability to write “broad” non compete agreements but also require employers’ to present a written version of the agreement to the employee prior to their first day of work.

State Rep. Brownsberger said such agreements are intended to allow employers to protect trade secrets and confidential information. But he said the agreements are often written so broadly that they force former employees out of their chosen field to avoid leaving themselves vulnerable to legal action from their old employers. The new legislation would add new requirements to the law regarding the agreements, which are often a prerequisite to employment. The bill would also ban such agreements for employees earning less than $75,000 per year. The Legislature’s Committee on Labor and Workforce Development heard testimony on the bill on Oct. 7.

Brownsberger said he first decided to pursue the legislation after hearing from Caroline Huang, a Belmont resident, about her experience with a non compete agreement in the early 1990s. Huang said she signed the agreement in the early 1990s when she took a job writing speech synthesizing software. When she left the job a few years later hoping to continue working in speech technology, she said the agreement was so broad that it barred her from taking any other job in that field for the next year.

She was able to find another job, writing text recognition software, but said the experience set her back financially and hurt the momentum of her career.

“It wasn’t a disaster for me, but I was in a lucky situation,” said Huang, adding that her husband’s job helped fill the financial gap. “It could have easily been terrible for someone else.” Huang said she doesn’t blame her former employer because the agreement was completely legal. But she believes it would be best for workers if the agreements were banned altogether, though she’s willing to live with a compromise like the one Brownsberger is proposing.

Non compete agreements are known for what they contain–restrictive covenants. Because restrictive covenants can be tailored narrowly or broadly, it is how they are drafted that matters. If contested in court, it is the scope of the restriction that will be scrutinized. Broadly worded non compete agreements may be viewed by some courts as too restrictive, giving former employees’ little leeway when it comes to using reasonable amounts of general knowledge gained on the job in future positions with other employers. Courts also may frown on wording they see as vague, which could provide employees too little guidance as to what limitations are being placed upon them.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Over the last two decades, we have established ourselves among as one of the leading alternative dispute resolution and litigation firms in the New York City area. Our lawyers’ commitment to the principles of justice in the workplace has led to precedent-setting decisions by many courts, a number of highly publicized verdicts and settlements, and even new legislation in Nassau County. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.