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Mattress retailer ordered to pay back wages to 96 employees

Posted on | May 17, 2012 | No Comments

Bedding retailer Mattress Direct of Baton Rouge, La., agreed to pay more than $40,000 in back wages to 96 current and former sales associates following an investigation by the U.S. Department of Labor’s Wage and Hour Division, Furniture Today reported. The Labor Department said the investigation found that the retailer violated portions of the Fair Labor Standards Act by failing to pay overtime and/or the federal minimum wage of $7.25 per hour to some of its salespeople at 21 locations in Louisiana, Alabama, Florida and Mississippi. Investigators found that commissions earned by sales consultants did not always yield the minimum wage. In addition, many employees received “straight time” wages for all hours worked, rather than 1½ times their pay rate for hours worked above 40 hours per week. “Inside sales work is not exempted from the minimum and overtime wage requirements of the Fair Labor Standards Act,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southeast. “Employees were working up to 50 hours per week – some exceeding 120 hours in a pay period – but were not always paid at least the federal minimum wage or overtime when required.”

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Gingrich’s daughter suspected of violating child labor law

Posted on | May 14, 2012 | No Comments

Jackie Gingrich Cushman is the daughter of Newt Gingrich. Newt Gingrich has made public speeches at news conferences where his said that his daughter worked part time at a minimum wage janitorial job when she was 13, where she scrubbed bathrooms two days a week. Jackie supported that fact that he job helped her to learn the value of work.  This called into question whether his daughter’s job was in violation of child labor law. According to the US Department of Labor, child labor laws now in effect, teens at the age of 13 are not allowed to hold janitorial jobs, and there are no exemptions for religious organizations.  However, 13 year olds can deliver newspapers, babysit, work as an actor or performer, or work in a business owned or operated by their parents.  There are also restrictions for teens at other ages under the Fair Labor Standards Act of 1938.  See: http://bottomline.msnbc.msn.com/_news/2012/01/18/10182647-gingrich-daughters-teen-work-may-have-violated-law

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

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Leslie Carter, Sister of Nick and Aaron Carter, Dies from Drug Overdose

Posted on | May 14, 2012 | No Comments

Leslie Carter, the 25 year old sister of Backstreet Boys member Nick Carter and singer Aaron Carter, died on January 31, 2012.  It has been reported that she suffered from an overdose and was under the influence of several drugs at the time of her death.  The singer had a long history of mental illness and was on medication for her depression.  The Carter family appeared on a 2006 reality show, “House of Carters.”  Carter is survived by her husband of three years, Mike Ashton, and a daughter, Alyssa Jane Ashton. 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.

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Honda Dealership in Nevada to Pay for Discrimination in lawsuit brought by EEOC

Posted on | May 11, 2012 | No Comments

In Las Vegas, Nevada, the U.S. Equal Employment Opportunity Commission (EEOC) brought a lawsuit on behalf of black employees who faced racial comments, bias and retaliation for protesting for which they were fired. Findlay Automotive Group, Inc., which is a car dealership in Henderson, Nevada, is set to pay $150,000 to two black employees for the discrimination, harassment and retaliation they faced. In addition to monetary relief, Honda will hire an outside EEO consultant, the company will distribute its policies and complaint procedures on workplace discrimination, harassment and retaliation, as well as track future complaints; and offer annual training. See for more information HERE.

Employer retaliation constitutes any adverse action taken by an employer when an employee has filed a complaint against the employer. Different forms of retaliation include harassment or discrimination, as well as getting fired or being punished by an employer. According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC). In addition, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights Center. See: http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm

As an advocate for employee rights in New York, Leeds Morelli & Brown P.C. works to achieve successful judgments that are in the best interests of their clients. If you or someone you know has been affected by employment discrimination or seeking a class action please feel free to contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation.

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John Rich Dies at 86

Posted on | May 10, 2012 | No Comments

John Rich, whose career spanned nearly 50 nears and includes directing over 100 television shows, has passed away at the age of 86. One of the classic scenes that John Rich directed was on an episode of “All in the Family” filmed in 1972. Sammy Davis Jr., playing himself, posing for a snapshot beside the likable bigot Archie Bunker after stopping by the Bunker home to pick up the briefcase he had left in Archie’s cab. An unexpected kiss by Sammy Davis Jr. on Archie’s cheek made instant history. Rich received an Emmy and an N.A.A.C.P. Image Award for his work on that episode of “All in the Family.” Rich is survived by his wife of 22 years, Patricia, two sons, Anthony and Robert; a daughter, Catherine Rich; three stepdaughters, Megan Lewis, Kimberly Beres and Dana Benton; and eight grandchildren. Full article.

Under President Obama’s Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, the 2012 estate tax allows for a total exemption of $5,120,000. This means that estates will be taxed at 35% on all amounts over $5.12 million. Anything above $5.12 million is subject to estate taxes. It is important to know that estate taxes are due to the IRS only 9 months from date of death. In many cases, heirs and loved ones are forced to sell personal property, real property, and other belongings at below market value to pay for this huge tax bill.

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.

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Lenard Leeds on The Anderson Cooper Show

Posted on | May 4, 2012 | No Comments

Lenard Leeds is representing Debbie Stevens, who was fired from the Atlantic Auto Group after donating a kidney to help her boss move up on the list of recipients for a kidney. Debbie Stevens and Lenard Leeds spoke with Anderson Cooper about the case.

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Family Dollar Stores settles Sexual Harassment Lawsuit for $45,000

Posted on | April 30, 2012 | No Comments

In Virginia, a Family Dollar store was singled out when the Store Manager groped and then propositioned a female employee for sex. The U.S. Equal Employment Opportunity Commission (EEOC) sued the store for sexual harassment and the store has agreed to pay $45,000 to settle the suit. According to the complaint, EEOC alleged that Chanele Brown was sexually harassed by her male store manager at the Family Dollar in Richmond, Virginia, where she worked as a customer services representative for Family Dollar from August 18 through September 5, 2009. Family Dollar agreed to give each employee a copy of the company’s anti-discrimination policies and complaint procedures, as well as provide training to managers and employees regarding these issues. See: http://www.eeoc.gov/eeoc/newsroom/release/1-11-12.cfm

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: Quid pro quo harassment or Hostile work environment. A hostile work environment involves repeated behavior that is abusive or offensive, or that interferes or alters the victims’ ability to perform their job.

Employers that foster or allow these conditions to continue can be found liable for the conduct of the offending employees. 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 the office of Leeds Morelli & Brown, PC, 1-888-5-JOBLAW, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

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Glen Cove Mansion Kept Tips, Lawsuit Claims

Posted on | April 30, 2012 | No Comments

Leeds, Morelli and Brown P.C., has filed a class action lawsuit in Nassau County State Supreme Court on behalf of Brahim Chhab, a former waiter for the Glen Cove Mansion Hotel and Conference Center. The lawsuit accuses the upscale establishment of withholding gratuity wages from its catering staff, according to the plaintiff’s lawyers. Chhab, who was employed by the hotel between July 2008 and October 2011, alleges that he and more than 50 former and current employees -who are potential members of the class- never received tips collected as a 20 percent gratuity charged to customers on service bills.

Jeffrey Brown, a partner at Leeds Morelli and Brown, P.C., stated “the practice used at the Glen Cove Mansion is not uncommon. Many catering halls, country clubs and restaurants add a service charge or gratuity to the bill but do not pass on these gratuities or tips to the wait staff. It’s almost blatant when establishments call it a ‘gratuity’ in black and white, yet give none of those tips to the staff. They are just waiting for a lawsuit to happen.” Full article.

Throughout history employers have taken advantage of employees. The Fair Labor Standards Act (FLSA) and New York wage and hour laws were enacted to address these injustices. They protect employees and ensure they are paid proper wages and properly compensated for working overtime. According to the New York State Department of Labor, violations of any provision of the Labor Law, the Industrial Code, or any rule, regulation, or lawful order of the Department of Labor is a misdemeanor. See: www.labor.state.ny.us.

The lawyers at Leeds Morelli & Brown, PC, focus on matters relating to wrongful termination, unjust dismissal, in handling overtime claims, wage and hour law violations, and unemployment compensation claims. Our lawyers service injured parties who have been affected by employers who violate these important equal opportunity and employment rights throughout Long Island, the New York Metropolitan area, as well as nation-wide. For a free consultation, contact Leeds, Morelli and Brown, PC at 1-800-585-4658.

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New York Restaurant Employees Say They Are Being Cheated Out of Tips

Posted on | April 30, 2012 | No Comments

Waiters, bartenders, and kitchen staff gathered Sunday in Lower Manhattan to protest legislation that would bar them from suing for tips they were cheated out of.   The State Senate could vote on the legislation as soon as Monday.

Read Full Story

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LI mom fired after donating kidney to her boss: Leeds, Morelli and Brown files lawsuit with the state Human Rights Commission

Posted on | April 25, 2012 | No Comments

Debbie Stevens, a 47-year-old divorced mother of two from Long Island, New York, has been fired from her job her at Atlantic Automotive Group after donating a kidney to save her boss’ life. In a Complaint, filed with the state Human Rights Commission, Stevens claims that she was set up by her boss, Jackie Brucia, 61. Brucia allegedly took advantage of Steven’s generosity, convincing her to donate a kidney. Despite not being a match, Stevens was able to donate her kidney to a person in St. Louis, Missouri and, in exchange, Brucia received a kidney from a donor in San Francisco, California. After the surgery, Brucia began to yell at Stevens in front of co-workers. Eventually Stevens’ office and overtime were taken away and she was demoted to a dealership 50 miles from her home in a high-crime neighborhood that co-workers jokingly called “Siberia.” Full article.

Stevens is represented by attorneys Lenard Leeds and Jeffrey K. Brown, managing partners at the Law Firm of Leeds, Morelli and Brown, P.C. Mr. Leeds is on record stating that he plans to file a discrimination lawsuit on Stevens’ behalf against Atlantic Automotive Group. The Complaint will likely seek millions of dollars in compensation.

Employer retaliation constitutes any adverse action taken by an employer when an employee has filed a complaint against the employer. Different forms of retaliation include harassment or discrimination, as well as getting fired or being punished by an employer. According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC). In addition, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights Center. See: more information.

As an advocate for employee rights in New York, Leeds Morelli & Brown P.C. works to achieve successful judgments that are in the best interests of their clients. If you or someone you know has been affected by employment discrimination or seeking a class action please feel free to contact Leeds, Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.

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