Dunkin’ Donuts Cited for Child Labor Law Violations

Two Dunkin’ Donuts franchise owners in Massachusetts have been fined. They were cited for violating the state’s child labor regulations for a total of $7,700. Allegedly, the franchises employed minor workers before the earliest hour allowed and after the latest hour allowable. Additionally, the owners allegedly did not post the schedules of all minors in the workplace and employed them without required work permits. See: http://www.legalzoom.com/news/business/business-law/dunkin-donuts-franchisees-cited-800510538

The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The federal law which governs the abuse of child workers is the Fair Labor Standards Act (FLSA). FLSA 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. See: http://www.dol.gov/whd/flsa/index.htm

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 1-888-5-JOBLAW.

AT&T’s At-Home Call Center Faces Employee Wage & Hour Class Lawsuit

In California, a class action lawsuit was filed in March 2011 against AT&T, claiming that the company violated California wage & hour laws by mislabeling at-home virtual call center employees as independent contractors. They did so in order to avoid paying state and/or federal taxes and avoid paying these employees for all of the hours they work, including overtime hours and minimum wages. Full Story

While the states have minimum wage rules, lunch break rules and overtime laws to protect employees, these laws do not apply to independent contractors. The Fair Labor Standards Act (FLSA) and New York’s wage and hour laws are one type of test used to classify whether an employee is exempt or nonexempt is based on salary amounts. Workers who are paid below the minimum wage for example, are not exempt, regardless of the types of job duties they perform. This applies to a person’s total gross salary, and is not affected by whether the employee is working on a full-time or part-time basis. The salary test does not apply to teachers, doctors, and lawyers. Additionally, the FLSA overtime pay rules do not apply to blue-collar workers (such as construction workers, mechanics, and electricians), and are considered to be nonexempt, no matter how highly they are paid. If you are being paid by a salary which is at or above the minimum standard, you must still inspect your job duties to determine whether or not you are an exempt employee. See: http://www.dol.gov/compliance/laws/comp-flsa.htm and http://www.dol.gov/compliance/guide/minwage.htm#EmplRights

At Leeds Morelli & Brown, PC, our lawyers have extensive experience handling overtime claims and wage and hour law violations, including violations resulting from the improper classification of employees as salaried, exempt employees based on salary. Our wage and hour law and overtime violations representations extend to client throughout Long Island, the New York Metropolitan area, and even across the country. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Marriage Equality Act Passed in NY State

After a week of negotiations, New York Senate voted to give final approval to recognize gay marriage. The Marriage Equality Act amended the Domestic Relations Law. As such, the law now states the following:
• A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex
• No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage shall differ based on the parties to the marriage being the same sex or a different sex
• All relevant gender-specific language set forth in or referenced by New York law shall be construed in a gender-neutral manner
• No application for a marriage license shall be denied on the ground that the parties are of the same or a different sex. Full Article

Civil rights laws and court decisions do allow a limited number of cases to favoring one group over another, such as preference to have women work in jobs as nurses in maternity wards. However, New Jersey laws ban job discrimination based on criteria set forth under Title VII of the Civil Rights Act. This includes age, religion, sex and race. In 2006, New Jersey was one of 12 states to ban discrimination based on transgender status by adding “gender identity or expression” to the criteria it lists for discrimination consideration. Currently, New York City also has this ban, but New York State does not.

Leeds Morelli & Brown, PC is handles many forms of civil rights violations. Our firm has been successful in handling cases related to all forms of civil rights throughout Long Island and the New York City area. For a free consultation or for more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658.

Proposed Legislation to Protect New York Hotel Workers

NY lawmakers have proposed legislation to require hotel and motel owners in New York State to provide sexual harassment training to their employees. The proposed legislation would also create a system for reporting sexual abuse. The bill would also create a hotel employees’ bill of rights as well as protect hotel workers from retaliation for reporting abuse. The bill was formed after the director of the International Monetary Fund, Dominique Strauss-Kahn, was indicted by a Manhattan hotel housekeeper. The NYS Department of Labor would ultimately be accountable for creating and implementing the training program. Read more: http://cityroom.blogs.nytimes.com/2011/06/07/bill-aims-to-protect-hotel-workers-from-sexual-abuse/?scp=2&sq=harassment&st=cse

Laws are needed to require owners and operators of hotels and motels to provide employees with sexual harassment training. Additionally, the law should require these employers to create an anti-sexual harassment policy. Finally, the law should require all employers to record and address all harassment and abuse complaints.

Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment. A hostile work situation typically involves repeated behavior that is abusive or offensive, or that interferes or alters the victims’ ability to perform their job. Employers that foster or otherwise allow these conditions to continue can be found liable for the conduct of the offending employees.

Leeds Morelli & Brown, PC is a competent firm in the area of sexual harassment. Our firm has had considerable success in matters of civil litigation and 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.

Daily Harassment for Women in Egypt

According to human rights and women’s rights organizations, thousands of Egyptian women are victims of sexual harassment on a daily basis. In 2008, a study by the Egyptian Center for Women’s Rights has estimated that 83 percent of Egyptian women reported sexual harassment and 62 percent of Egyptian men have admitted that they harassed women. On harassmap.org, which is a site run by volunteers, offers victims who faced or witnessed sexual harassment to report it by sending a text message. Full Article: http://www.nytimes.com/2011/07/06/world/europe/06iht-letter06.html?scp=1&sq=harassment&st=cse

Issues of sexual harassment are governed by Title VII of the Civil Rights Act. As well as by state-level sexual harassment statutes which prohibit sexual harassment to and provide victims with a means to pursue justice.

Sexual harassment can occur in one of two ways:
I. Quid pro quo harassment which can constitute a one-time occurrence or involve repeated behavior requiring a person to tolerate some form of sexual harassment in order to get a job, keep a job, get a raise or promotion, or to receive some other benefit. This harassment can come from a prospective employer, a current employer, a manager or supervisor, or a co-worker. The sex and sexual orientation of your harasser does not matter.
II. Hostile work environment which involves repeated behavior that is abusive or offensive, or that interferes or alters the victims’ ability to perform their job.

For more information, see: http://www.lmblaw.com/new-york/sexual-harassment.php

The lawyers at Leeds Morelli and Brown strive to successful judgments for their clients, including any former employees or recently fired workers who have been sexually harassed in the workplace. If you or someone you know has been faced with sexual discrimination or sexual harassment, please contact our office Leeds Morelli & Brown, PC, 1-888-5-JOBLAW, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

Victoria Beckham Has Baby Girl

Victoria Beckham, former member of the all girl band Spice Girls, has given birth to her fourth child. She currently has three sons with husband David Beckham. Her sons are Brooklyn, 12 years old, Romeo, 8 years old, and Cruz, who is 6 years old. A few days before giving birth, David posted a photo he took of his wife on his Facebook page while she was sunbathing, praising how good she looked. Read more: http://www.nydailynews.com/gossip/2011/07/10/2011-07-10_victoria_beckham_gives_birth_to_daughter_her_three_sons_excited_to_welcome_their.html#ixzz1RlIjSe26

When a couple who has children gets divorced, they will have to face the concept of child support. Under Domestic Relations Law, s. 240(1b) and the Family Court Act s. 413(1)(b), known as the Child Support Standards Act (“CSSA”) the court shall calculate the “basic child support obligation”, and the non-custodial parent’s prorated share of the “basic child support obligation”. The support obligation is calculated by “combined parental income” which is multiplied by the appropriate “child support percentage” as listed by statute, based on the number of children the couple has together.

As a firm that handles domestic relation cases 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 action, or other family law issues 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

NBA, College Basketball Player Armen Gilliam Dies

Armen Gilliam, UNLV basketball team alum that led the team to the Final Four in 1987 and who went on to play for six NBA teams, died on Tuesday in Bridgeville, Pennsylvania. Gilliam was 47. The former basketball star died at the LA Fitness gym in Bridgeville while playing basketball. Allegheny County Medical Examiner’s Office released a statement that the cause of death had not been determined, pending an autopsy. Full article.</p.

It is estimated that nearly half of 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.

NYC Lenny’s Sandwich Eatery To Pay $5 Million For Wage And Hour Violations

A New York City sandwich chain which has 13 locations is going to pay $5.1 million for minimum-wage and overtime violations. The eatery is “Lenny’s: The Ultimate Sandwich” which is now purported to have made the largest deal with the New York state Department of Labor’s in 110 years. It was reported that between 2002 and 2008, the chain cheated more than 800 workers, at 11 locations, wages. Some workers had to work up to 12-hour shifts seven days a week for about $275, when they should have been paid $500 a week. As a result of the deal, employees will get payouts based on the amount of hours they worked. The eatery has already put down $1 million on the deal and will pay the remaining $4 million over the next two years. Read more: http://www.nypost.com/p/news/local/that_big_beef_USXGZJL05K1qB4VFdU4Y5N#ixzz1QUCSt6qy

The Fair Labor Standards Act (FLSA) is administered by the Wage and Hour Division (WHD) which contains the standards for minimum wages, overtime pay, record – keeping, 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. See the Wage and Hour Division Fact Sheet #21: Record – keeping Requirements Under the FLSA

Leeds Morelli & Brown, PC focuses on disputes dealing with overtime claims and wage and hour law violations, including violations resulting from improper wage and overtime calculations. For a consultation, contact Leeds Morelli & Brown, PC at 1-888-5-JOBLAW.

Grocery Workers Protest in California

A group of grocery workers demonstrated outside a major California grocery store this month, June 2011, to show their support for the unionized grocery workers who have had no contract for more than three months. The Service Employees International Union is working on a new labor contract. The supermarkets find the agreement, which is based on pension issues, to be “important” and “noteworthy.” However, workers strongly disagree and find that the pension agreement has made “small progress.” Both sides are working to avoid a repeat of a 2003 lockout which affected multiple supermarkets. See: http://www.dailynews.com/business/ci_18357791

Many laws and government agencies have been put in place to protect against discrimination. Such laws and agencies include: The Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act. Specifically, they are intended to protect people from being treated differently by employers on the basis of their age, race, gender, religion, disability, national origin, sexual orientation and other factors. These important laws offer members of protected classes whose rights have been violated the ability to obtain justice.

Leeds Morelli & Brown P.C. is a prominent equal opportunity and anti-discrimination firm in New York, working to achieve successful judgments that are in the best interests of their clients. If you or someone you know has been affected by discrimination or seeking a class action please contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Is a Prison Term Lighter Depending On The Color Of Skin?

Racism is a highly controversial topic, but a recent study suggests that colorism is n upcoming crisis. A recent study by Villanova University has examined discrimination based on skin tone which finds housing opportunities and employment chances are higher if a woman is a lighter skinned African American. The study contained 12,000 cases of African-American women who were imprisoned in North Carolina. The study found that women with lighter skin tones were given more lenient sentences and served less time, approximately 12 percent less time less in jail than darker-skinned inmates. The study took into account the type of crimes the women committed and each woman’s criminal history to generate apples-to-apples comparisons. See: http://www.theroot.com/views/lighter-skin-shorter-prison-term?GT1=38002

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race, color, national origin, sex, or religion. Discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features violates Title VII, even though not all members of the race share the same characteristic. Even though race and color overlap, they are not synonymous. Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity. Although Title VII does not define “color,” Courts have created a common understanding which includes: pigmentation, complexion, or skin shade or tone. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Title VII prohibits race/color discrimination against all persons, including Caucasians. Although a plaintiff may prove a claim of discrimination through direct or circumstantial evidence, some courts take the position that if a white person relies on circumstantial evidence to establish a reverse discrimination claim, he or she must meet a heightened standard of proof. The Commission, in contrast, applies the same standard of proof to all race discrimination claims, regardless of the victim’s race or the type of evidence used. See: http://www.eeoc.gov/facts/fs-race.html

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to 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.