Gloomy Winter Feelings Could Mean Lawsuits for Unaccommodating Employers

By Brandon Sipherd

Long winters can be draining, leaving employees feeling lethargic or moodier than usual.  For some employees limited daylight in the winter can trigger a condition known as SAD—seasonal affective disorder.  SAD is a type of seasonal depression employers may now need to take seriously and accommodate in the workplace.  Recent court rulings are causing some employers to rethink their position on seasonal depression.

Federal law prohibits employers from discriminating against employees for disabilities.  In October, the Seventh Circuit Court of Appeals in Chicago allowed a schoolteacher’s lawsuit against her former employee to proceed.  She alleged that the school district failed to accommodate her disability, SAD, when it refused to light her room naturally instead of by artificial lighting.  This caused the teacher’s mental health to deteriorate.

Two years earlier, the EEOC ruled that Advocate Medical Group discriminated against one of its employees when it failed to accommodate her SAD condition and then fired her.  She has since been hired by another company who accommodates her condition by giving her time off to see a medical professional, frequent breaks and allows her to use a light-therapy lamp at her desk.

SAD may not be a widespread disease but studies show as many as 10 percent of Chicago residents have been diagnosed with SAD.  Depression typically begins in October and continues through March.  Fatigue and weight gain are common symptoms of SAD.  Treatment includes therapy, antidepressants and exposure to natural light lamps.

People who suffer from SAD seek workplace accommodations by working in offices that are well lit or working near windows in order to be exposed to natural light.  Unfortunately, there is not data to show how many employees seek workplace accommodations for SAD or other depression related diseases.  Yet, the number of discrimination complaints filed with the EEOC related to depression or anxiety has almost doubled between 2005 and 2009.  Last year alone, 3,837 complaints were filed nationally.

In order to be accommodated at work under the American with Disabilities Act, employees must prove their disability substantially impairs their life and the accommodation does not cause the employer an undue hardship.  Therefore, accommodation is done on a case-by-case, person-by-person basis.

Despite the public’s increased awareness of SAD, many employers scoff at seasonal depression because people usually feel down during the cold, dark winter months.  SAD is just one form of depression that is not taken seriously by employers.  Yet, with the increased number of lawsuits and court rulings, employers may want to take their employees’ seasonal depression claims more seriously.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  We believe that discrimination because of person’s disability has no place in a democratic society.  Our firm has had considerable success in matters of employment discrimination 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.

Tip Your Pizza Deliveryman Well; Wage and Hour Violations Among Restaurant Delivery Workers

By Brandon Sipherd

Adriatic Italian Restaurant & Pizzeria, a 20-year midtown establishment, is being sued for violating federal and state labor laws.  Adriatic has been accused of underpaying its delivery workers in violation of wage and hour laws.

Restaurant delivery people are some of the lowest-paid workers in New York City and oftentimes they are forced to work in deplorable working conditions.  Some delivery workers work 70-hour weeks for only $10 or $15 per shift including tips and others must pay up front for each meal that is delivered.

These delivery workers are typically subject to abuse, crime and physical danger.  In 2005, a Chinese deliveryman in Queens was robbed and murdered by a couple of teenagers.  Then in 2008, the owners of Saigon Grill in Manhattan had to pay $4.6 million in back pay for its violations of wage and hour laws.

Now city and state officials, government agencies and a restaurant industry trade group are trying to protect this especially vulnerable group of employees.  Unfortunately, many of these employees are undocumented immigrants who do not complain for fear of losing their jobs or even greater disciplinary action, such as deportation.

Over the past eight months in Brooklyn, the District Attorney’s office has prosecuted nine cases of delivery workers who have been attacked.  To further discourage violent crimes against delivery workers, the District Attorney’s office is considering increasing jail time for these types of crimes.

However, even more widespread than the threat of violence, delivery employees constantly face a threat to their livelihood as employers continue to underpay them.  It is commonplace for employers in the restaurant industry to pay employees a shift pay, which is generally well below the legal minimum hourly wage.

In November, the New York State Department of Labor, in a random sweep of 25 restaurants in Park Slope, Brooklyn, found that only two employers were not violating wage and hour laws.  It also found that 207 workers were underpaid by almost $1 million in total.  Most delivery workers surveyed were found to work around 70 hours per week while only receiving a weekly salary ranging from $210 to $275.   Hopefully, local and state officials will be successful in their efforts to enforce current wage and hour laws among the restaurant industry in New York City.

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 wage and hour laws.  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.

Sex Offender Superintendent Locked Out

By GetLegal

Earlier this week reports began to emerge that a level three sex offender had been hired as the superintendent of an Upper West Side apartment complex.  This job entitled the offender access to the keys of more than 50 apartments.  William Barnason, 57, was released from prison in 2001, having served more than 14 years for the sexual abuse, sodomy, and rape of three Long Island girls, ages five, seven, and one over seventeen.  Barnason was hired by landlord Stanley Katz to be the super and rent collector at the three apartment buildings.  NBC News reported that several of the residents in the buildings alleged that Barnason propositioned them to have sexual relations to avoid rent disputes, and many have accused the super of harassment.

After much negative media attention, landlord Katz has taken away Barnason’s keys to the apartments, relieving many of the residents.  In addition, New York State Assemblyman Micah Kellner has introduced a bill hoping to amend the multiple dwelling law.  The bill proposes that an owner of a multiple dwelling may not hire a building superintendent, managing agent, or resident manager who is registered as a level two or level three sex offender.  NBC News Article

Currently, the only employment prohibition contained in Sex Offender Registration Act is set forth in New York Correction Law §168-v which prohibits a registered sex offender from being employed on a motor vehicle engaged in the retail sale of frozen desserts. However, under other New York State laws, many employers are required to conduct criminal background checks on applications for employment, such as applicants for a teaching position or to be a school bus driver. Depending on the specific provisions of the law, individuals convicted of certain offenses will be disqualified from certain employment.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims.  While there are legitimate and necessary basis for excluding certain people from occupations, Leeds Morelli and Brown P.C. lawyers have challenged employers who deny employment based on people’s race, religion, sex and other impermissible grounds.  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.

President Obama Calls for Repeal of Military’s ‘Don’t Ask, Don’t Tell’ Policy

By GetLegal.com

President Barack Obama stated during last week’s State of the Union Address that he will work with Congress and the Military to repeal the “don’t ask, don’t tell” policy that bars gays and lesbians from openly serving in the armed forces.  The policy prohibits anyone who “demonstrate(s) a propensity or intent to engage in homosexual acts” from serving in the armed forces of the United States, because “it would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.”  Pub.L. 103-160 (10 U.S.C. § 654).

This controversial law was passed in 1993 and has been upheld five times in Federal Court.  President Obama’s State of the Union Address was the first in which he definitively committed to repealing the law on a set timetable. With such support from the President, it is likely that a congressional act to repeal the federal law will appear during the 2010 year.  CNN Article

The U.S. Equal Employment Opportunity Commission (EEOC) does not currently have the authority to extend protections that prohibit discrimination and harassment based on sexual orientation in the workplace.  However, with the recent President support to repeal 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.

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.