Queens High School Fires 71-year-old priest

The Rev. Jorge Queija has taught Spanish at St. John’s Preparatory School in Astoria for more than three decades. Although he is 71-years-old, the priest had no intention of retiring in the near future. School officials, however, had other plans for Queija and unilaterally decided not to renew his contract. In 2008, Queija’s 94-year-old mother became sick. At the time Queija was teaching five Spanish classes, including three advanced courses. Queija sought a reduction in his hours so that he could care for his aging mother. The head of the language department suggested he retire. The priest declined and instead agreed to teach only advanced classes for a reduced salary. Queija finds the decision to eliminate all advanced Spanish classes the following year more than a mere coincidence. Queija is suing the private school for age discrimination, but not the Diocese. 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 represented numerous victims 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.

Sarah Burke Dies from Injuries Sustained In Skiing Accident

Sarah Burke, Canadian freestyle skier died from injuries sustained during a training run on the Park City Superpipe course the age of 29. Burke had successfully completed a 540-degree “flat spin” trick on the U-shaped Superpipe. Only seconds after Burke’s skis made impact, she bounced and fell on her head. Burke suffered a torn vertebral artery that resulted in hemorrhaging in her brain and for her to go into cardiac arrest on the scene. Burke was an Olympic hopeful for the 2014 games. Full article.

It is estimated that nearly half Americans die without an estate plan of their own. This does not mean there is no estate plan. 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.

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.