Papa Johns Public Apology for Racist Remark

In New York, John’s Pizza has issued a public apology for an employee’s behavior. The employee typed a racial slur on a receipt, describing the customer as “lady chinky eyes” at one of its New York City locations. The customer, Minhee Cho, publicly posted a message and a picture of the receipt on Twitter. Soon after, the company issued a public apology and terminated the employee. See: http://www.msnbc.msn.com/id/45928926/ns/business-retail/t/papa-johns-apologizes-chinky-eyes-receipt/. See here also.

According to the Hate Crimes Act of 2000, the NY legislature has declared that a person commits a hate crime when he or she commits a specified
offense and either:

• intentionally selects the person against whom the offense is
  committed or intended to be committed in whole or in substantial part
  because of a belief or perception regarding the race, color, national
  origin, ancestry, gender, religion, religious practice, age, disability
  or sexual orientation of a person, regardless of whether the belief or
  perception is correct, or
• intentionally commits the act or acts constituting the offense in
  whole or in substantial part because of a belief or perception regarding
  the race, color, national origin, ancestry, gender, religion, religious
  practice, age, disability or sexual orientation of a person, regardless
  of whether the belief or perception is correct.

See: http://criminaljustice.state.ny.us/legalservices/ch107_hate_crimes_2000.htm

Leeds Morelli & Brown, PC has had considerable success in handling all matters dealing with discrimination 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.

Obama Friday Facts: Women In The Workplace

President Obama highlighted women in the workplace on his Friday facts blog. Obama said that the issues facing women today “are not just women’s issues.” From income disparity to under-representation in diverse fields, the challenges that women and girls confront in the U.S. workforce affect everyone. Obama cited that women are three times more likely to work in administrative support jobs than men, women made 80 cents for every dollar men made per week in 2009. For more facts please visit: http://obama.3cdn.net/46ebcf00afca918e3d_7a4ymvfl8.pdf

Despite advances, women continue to fight for equality 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. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s 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: http://www.eeoc.gov.

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 represented clients on Long Island, throughout the New York City area. For a free consultation, please contact Leeds Morelli & Brown, PC at 1-888-585-4658.

Gingrich: Laws preventing child labor are ‘truly stupid’

GOP Presidential candidate Newt Gingrich proposed a plan that would allow poor children to clean their schools for money. Gingrich, former House Speaker, in a speech at Harvard’s Kennedy School of Government, called the current child labor laws “truly stupid.” Gingrich believes by allowing poor children to clean schools, students will earn income and endow them with a strong work ethic. He believes that it is tragic that children in the poorest neighborhoods can’t work before age 14 and these children are in a school that’s failing with a teacher that’s failing. Full article.

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 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.

Conrad Murray Sentenced to Four Years In Jackson Trial

Dr. Conrad Murray was found guilty of involuntary manslaughter and has been sentenced to four years in prison for the crime. This has many outraged, as the superstar icon’s life was cut short because of Dr. Murray’s care. Murray, a 58-year-old cardiologist, got the maximum sentence for causing the singer’s drug-overdose death through criminal negligence. Murray 46 days credit against the four-year sentence for time already served in jail. Full article.

Murray has been found guilty in criminal court. The Estate of Michael Jackson has not brought a civil suit against Murray. If a civil suit is brought, Murray will be sued for wrongful death. Wrongful death is a claim against a person who can be held liable for a death that is brought in a civil action, usually by close relatives. New York’s wrongful death statute, EPTL §5-4.1, provides that the personal representative of the estate has the right to sue for pecuniary loss on behalf of the distributees. Damages are determined by the court in an amount it deems to be fair and just compensation for pecuniary injuries resulting from the decedent’s death. It calls attention to reasonable expenses for medical aid, nursing, and funeral expenses, “in addition to every other lawful element.” Punitive damages, designed to punish the defendant in cases of recklessness or depravity, are allowed. A wrongful death cause of action must be filed within two years of the date of death. It is important to consult with an experienced estate attorney if you believe you have a possible wrongful death lawsuit on behalf of your loved one.

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 probate and 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.

D&K Suit City / DDK To Pay $20,000 To Settle EEOC Pregnancy Discrimination Suit

Atlanta retailer of discounted suits, D&K Suit City, LLC, and its corporate parent, DDK, Inc., will pay $20,000 to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). In the complaint, D&K Suit City’s manager allegedly reduced the number of hours assigned to Linda Bell, an employee, and subsequently fired her because of her pregnancy. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), which prohibits employers from subjecting employees to discrimination due to pregnancy. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her the same as any other temporarily disabled employee. For example, the employer may have to provide modified tasks, alternative assignments, disability leave or unpaid leave. Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. www.eeoc.gov.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

Dodge’s Chicken To Pay $190,000 To Former Employee Fired After Suffering From Seizures

D&H Company, Dodge Brothers, Inc., and Giant Oil Company of Arkansas, Inc., doing business as Savings Station Dodge Stores and Dodge’s Chicken Store, will pay $190,000 to settle a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC alleges that the store leader of the Dodge’s Chicken Store 631 in Hot Springs, Arkansas, was denied a reasonable accommodation after she suffered from seizures. After her doctor restricted her from driving, she requested that the employer allow another employee to conduct daily competitor gasoline price surveys while she handled that employee’s in-store duties. The company denied her request for an accommodation and discharged her. The company will pay $190,000 to settle the disability lawsuit.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. The ADA does not specifically name all of the impairments that are covered, but common examples of disabilities include confinement to a wheelchair, reliance on assistive devices such as canes and walkers, blindness, deafness, a learning disability, and certain kinds of mental illness. The ADA states that a business entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment. For more information: ADA Website

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.

Breastfeeding moms stage ‘nurse-in’

Mothers in Michigan are staging a ‘nurse-in’ to advocate for public breast feeding later this month. No Injustice Against Nursing in Public (otherwise known as NINJA NIPs) is a Michigan-based group that plans to advocate the right for women to breast-feed in public. The group will demonstrate and rally in support of the mothers and the right for women to nurse their baby anywhere, anytime. Michigan is one of only five states that does not have a law allowing mothers to nurse freely anywhere and anytime in public.

Under New York law, employers must allow breastfeeding mothers reasonable, unpaid break times to express milk and make a reasonable attempt to provide a private location for her to do so. In addition, an employer may not discriminate against breastfeeding mothers who need to take reasonable breaks to pump. N.Y. Labor Law § 206-c. Additionally, N.Y. Public Health Law § 2505-a creates the Breastfeeding Mothers Bill of Rights and requires it to be posted in a public place in each maternal health care facility.

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 http://www.lmblaw.com.

Demi Moore and Ashton Kutcher Announce Divorce

Another Hollywood couple calls it quits. Demi Moore and Ashton Kutcher have announced they are getting a divorce. “It is with great sadness and a heavy heart that I have decided to end my six-year marriage to Ashton,” Moore said in statement. “As a woman, a mother and a wife there are certain values and vows that I hold sacred, and it is in this spirit that I have chosen to move forward with my life. This is a trying time for me and my family, and so I would ask for the same compassion and privacy that you would give to anyone going through a similar situation.” Kutcher posted his response on Twitter minutes after Moore’s announcement, writing, “I will forever cherish the time I spent with Demi. Marriage is one of the most difficult things in the world and unfortunately sometimes they fail. Love and Light, AK.” Moore, 49, and Kutcher, 33, have been married since 2005. She was previously married to Bruce Willis for 13 years. Full article.

Demi Moore filed for divorce in California. California is a community property state, where there is a presumption of equal division of property. In a community property state, marriage is viewed as a community and each spouse is a member that contributes equally. Upon divorce, each spouse has a right to equal division of property, although separate property that may have been owned or retained separately will not get distributed equally. CA divorce law. New York is not a community property state, but follows an equitable distribution system. There are several factors weighed in determining what is equitable and fair. Judges are afforded great discretion in rendering what may be “tough justice,” in that distribution may not necessarily be about equal distribution, rather it is about what is fair. NY divorce law.

The law firm of Leeds, Morelli & Brown, P.C. has represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. If you are facing a divorce proceeding, it is important to hire lawyers that are capable of advocating your needs. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529 or visit our divorce website at http://www.lbdivorcelaw.com.

Benetton yanks smooching Pope ad from Unhate campaign

Fashion company Benetton has come under fire from the Vatican after the company released its ‘Unhate’ campaign that includes iconic figures kissing. Included in the advertisement was Pope Benedict XVI kissing a leading Islamic Egyptian Grand Imam Ahmed el-Tayyeb. The Vatican responded to the campaign with furious protests over the image, stating “This is a grave lack of respect for the Pope,” Vatican spokesman Federico Lombardi fumed. “We cannot but express a resolute protest at the entirely unacceptable use of a manipulated image of the Holy Father, used as part of a publicity campaign which has commercial ends.” Benetton removed the PhotoShopped image of the Pope. Full article.

Under United States law, the U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation. However, with the recent repeal of the Military’s “Don’t Ask, Don’t Tell” policy, many gay and lesbian organizations are hopeful that the discrimination based on sexual orientation will be prohibited in all work places. To date, 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. Please visit the EEOC’s website for further information: http://www.eeoc.gov/policy/vii.html.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

Teen To Serve 25 Years For Killing Gay Classmate

Brandon McInerney has plead guilty and agreed to serve 25 years for killing his gay classmate. McInerney, now 17, gunned down his gay classmate in their junior high classroom three years ago. Earlier this year, a judge declared a mistrial in the murder trial after the jurors ended in a deadlock following a nine week trial on whether he should be convicted of manslaughter or murder. McInerney was scheduled to be tried as an adult on first – degree murder charges. McInerney was 14 years old when he brought a handgun belonging to relatives to E.O. Green Junior High School in Oxnard, California. He shot the 15-year-old King twice at point-blank range in the back of the head, while both were typing papers for their English class in a computer lab, along with two dozen students and their teacher, authorities said. Full article.

The U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation. To date, 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. However, there has been a lot of buzz in the federal courts surrounding gay rights. Specifically, a recent repeal of the military’s Don’t Ask Don’t Tell policy and two laws restricting gay rights — the federal Defense of Marriage Act and the California ban on same – sex marriage – have been declared unconstitutional by federal judges in recent months. These three recent decisions on gay rights issues suggest that federal judges are increasingly willing to strike down what they see as anti – gay bias embodied in legislation.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.