120 companies in Miami, FL area found to have violated labor laws

It has been found that more than 2,000 workers in the Miami, Florida, area have not been paid over $2.3 million in wages owed to them over the last 5 years. About 120 businesses in low paying sectors such as food services and retail failed to pay overtime or minimum wage and violated other federal compensation laws, including the misclassification of employees. According to investigative reports, many of the violations were not reported because employees lacked education about their worker rights and many had a fear of retaliation for filing complaints against their employer. Win Wholesale, for example, is one of the 120 companies which agreed to pay about $2.36 million in back wages to 2,040 workers for violations of federal labor laws dating back from 2007. See full article: http://www.daytondailynews.com/news/dayton-news/120-area-companies-violated-labor-laws-analysis-finds-1334432.html

“Wage theft” is done by employers who illegally withhold wages or underpay workers. Misclassification of employees and unpaid overtime are the most common types of wage theft. Misclassification is usually under-reported like all forms of wage theft because some workers don’t file complaints and some are not aware of the violations. The US Department of Labor promotes the welfare of wage earners by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits to name a few. To carry out this mission, the Department administers a variety of Federal labor laws which guarantee workers’ the following rights: safe and healthful working conditions, a minimum hourly wage and overtime pay. See: http://www.dol.gov/compliance/guide/index.htm

Leeds Morelli & Brown, PC has a successful record of availing labor law rights. If you or someone you know has suffered from a discriminating event or a violation of your rights, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Colorado high school students protest in lesbian yearbook photo flap

A group of students at Palmer High in Colorado Springs have charged their faculty yearbook adviser with charges of discrimination. The students claim that the adviser yanked a photo of two lesbian students holding hands from this year’s edition. The students claim that the adviser threatened to pull the entire page if the gay couple was not removed. The page featured photos of couples at the school. The school district spokesman stated the page was cut because of a school policy against excessive PDA – not bias against same – sex couples. 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: 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.

Paula Deen Sued for Sexual Harassment and Racism

A lawsuit has been filed against celebrity chef Paula Deen, alleging sexual harassment and racism. The complaint was filed in Georgia state court in Savannah, Georgia, by Lisa T. Jackson, a former manager at Uncle Bubba’s Oyster House. The Savannah-based oyster house is co-owned by Deen and her brother, Earl W. “Bubba” Hiers. Jackson claims she endured boorish and racist remarks by Hiers, including physically intimidating employees and displaying pornography at work. Jackson claims Heirs acted towards her in a sexually degrading manner, including forcibly kissing her cheek and spitting on her, and repeatedly using racial epithets. Attorneys for Deen claim that Jackson made false claims after Deen refused to pay her to keep quiet. Full article.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. For more information: EEOC Website.

Leeds Morelli & Brown, PC, dedicates a large area of practice to employment law. Our firm has represented many workers and employees 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.

Teenage model claims agent groped her

Hayden Holt moved to New York City at the age of 19 to pursue a modeling career. She was sought out by Aristeo Tengco, an agent, who conned Holt’s parents into letter her stay with him in his apartment by claiming he was a big Christian and she would be very safe. Tengco runs Emmanuel New York Models out of his Second Avenue apartment. A few weeks into moving into Tengco’s apartment, Holt found herself in a dangerous situation, as Tengco turned into predator, making severe and pervasive sex-based advances. Holt has brought an action against her agent, Tengco, and is suing for an unspecified amount of damages. Full article.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. For more information: EEOC Website.

Leeds Morelli & Brown, PC, dedicates a large area of practice to 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.

Dennis Quaid’s wife, Kimberly Buffington-Quaid, files for divorce

Actor Dennis Quaid’s third wife, Kimberly Buffington-Quaid, has filed for divorce. Buffington-Quaid stated the “marriage has become insupportable because of discord or conflict of personalities.” The two have a temporary custody agreement in place as well, the website said, giving each party time with the young kids. Kimberly reportedly has custody of their main home. Quaid was previously married to actress P.J. Soles, divorcing in 1983, and more famously to Meg Ryan. He and Ryan split in 2001 after 10 years of marriage. Buffington-Quaid and Quaid were married in July 2004. Full article.

New York State is an Equitable Distribution state. Marital property and debts of the parties will be divided in an equitable fashion. This does not necessarily mean equal, however. What it does mean is that, based on the particular facts of the case, the assets and debts will be divided in a manner that fairly represents the parties contributions to the marriage. Although there is no requirement that distribution of marital assets be on a 50-50 basis, in a marriage of long duration, the courts will generally try to divide the property as equal as possible. The Court may use its discretion to deviate from the 50-50 basis, depending on whether or not their was any egregious misconduct perpetrated by a party.

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 www.lbdivorcelaw.com.

Man Adopts Girlfriend to Protect Assets In Wrongful Death Lawsuit

A wealthy Florida man has adopted his 42-year-old girlfriend as a daughter so that he may protect his assets in a wrongful death lawsuit. Patrick Wilson was killed in 2010 when Goodman allegedly ran a stop sign. At the time, Goodman was driving with a blood-alcohol level two times above the legal limit. Goodman had previously set up a trust for his two minor children. If Wilson’s parents win their civil suit, they cannot receive any compensation from the trust. In an effort to preserve even more of the money, John Goodman, 48, founder of Polo Club Palm Beach, adopted his longtime partner Heather Laruso Hutchins, and has set up a third trust share for Hutchins. It is possible for another court to later rule Hutchins is not entitled to a share of the trust. The trial begins on March 27, 2012. Full article.

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.

Immigrant Worker Firings Unsettle a College Campus

Pomona College in Claremont, California, fired 17 employees that failed to produce documents verifying their work status. The demand for work status documents came after administrators at the college delivered letters to dozens of the longtime employees asking them to show proof of legal residency, saying that an internal review had turned up problems in their files. There were nearly 85 employees at the liberal arts college that were identified as possible illegal immigrants. Ultimately, 17 employees lost their jobs, 16 were dining hall workers. Full article.

Despite being a “melting pot” and a land of opportunity, immigrants are not always well-treated when they come to the U.S. Immigrants are often passed over in the workplace despite Title VII of the Civil Rights Act of 1964 making it illegal to discriminate against someone on the basis of race, color, religion, national origin, or 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: www.eeoc.gov/policy/vii.html.

Leeds Morelli & Brown, PC, an employment discrimination law firm, represents employees in the New York City and Long Island area. Our employment discrimination lawyers believe there is no place for discrimination in our workplace. If you are a victim of employment discrimination, please contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Heidi Klum and Seal Announce Divorce

Heidi Klum and Seal recently announced their split after six years of marriage. Klum and Seal married in 2005, and they have 3 children together: Henry, 6, Johan, 5, and Lou, 2. The supermodel also has a daughter from a previous relationship with the infamous Italian businessman Flavio Briatore. The 7-year-old girl, named Helene, was legally adopted by the singer in 2009. Although it has not been confirmed that a prenuptial agreement was ever signed, it is highly likely that their lawyers made them sign one. The fact that both Klum and Seal make a lot of money, especially Klum, probably forecloses the need for any spousal support. Seal could still get a substantial amount of money through child support. Full article.

Last year New York passed a law permitting no – fault divorce, meaning that a couple need not prove any instances of wrongdoing or abuse in order to file for divorce in a court of law. In New York, spouses are allowed to terminate their marriages within a period of six months after declaring that their marriage is “irretrievably” broken down. New York is the last state to adopt this stance, which officially makes the U.S. a “no – fault divorce nation”. This is one of the rare instances in which all 50 states show some sort of uniformity on an issue.

The law firm of Leeds Morelli & Brown, P.C., has represented many individuals filing for a divorce in Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Nassau and Suffolk counties. For any questions concerning domestic relations matters, http://www.lmblaw.com/contact-uscontact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-545-4658. Leeds Morelli & Brown, P.C.’s divorce website is located at www.lbdivorcelaw.com.

Don Cornelius, ‘Soul Train’ Creator, Is Dead at 75

Don Cornelius, host of “Soul Train,” was found dead at his home in Los Angeles on February 1, 2012, at the age of 75. Police officers responded to a shooting at Cornelius’ home. The officer reported the wound was self-inflicted. “Soul Train” was one of the longest-running syndicated shows in television history. The hit show played a critical role in spreading the music of black America to the world. The news of Cornelius’ suicide has shocked many colleagues in the industry. Full article.

Most life insurance policies contain a suicide provision. The suicide provision states that if the person covered by the life insurance policy dies as the result of suicide within two years from the policy issue date then any beneficiaries would not be able to collect the death benefit. If the insured dies after the two year suicide provision period, the policy should pay the death benefit to the beneficiaries. It is important to check the policy’s exclusions section, since each policy has a slightly different suicide provision.

It is important for all individuals to have an estate plan. A proper plan includes a Last Will and Testament, Durable Power of Attorney, Healthcare Power of Attorney, and Living Will. 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.

Connecticut man can seek payment from child’s real dad

Eric Fischer grew suspicious of whether he was the father of his youngest daughter. After a DNA test, Fischer’s suspicions proved true, the daughter was the product of an affair between Fischer’s wife, Pamela Tournier, and her business partner, Richard Zollino. Now, Fischer is proceeding with a lawsuit demanding Zollino pay him $190,000, an estimate of half the cost of raising the girl. The girl is now 19 years old. Fischer and Tournier married in April 1986 and had two daughters. Tournier gave birth to the older daughter, Olivia, in December 1986, and Alicia in December 1992, court records show. They divorced in 2007. Full article.

Child support is financial support provided by the noncustodial parent. Child support includes, cash payments based on the parent’s income and the needs of the child, health insurance for the child, payments for child care, and payments for reasonable health care costs that are not covered by health insurance. A Family Court judge will determine the amount of child support the noncustodial parent will pay. This amount is based on the noncustodial parent’s adjusted gross income and on the number of children involved. Adjusted gross income is gross income less certain deductions including Medicare, Social Security, and New York City or Yonkers tax. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children (17% for one child; 25% for two children; 29% for three children; 31% for four children; at least 35% for five or more children). Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

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 www.lbdivorcelaw.com.