Employment Lawyer Blog

Sexual Harassment Allegations Against John Travolta Spark Legal Furor

Tue, 15 May 2012 12:36:03 -0500

Last week, the actor John Travolta (Greece; Saturday Night Fever; Pulp Fiction; etc.) got hit with a second lawsuit over allegations of sexual harassment.

Back in January, a masseur at the Beverly Hills Hotel filed a similar lawsuit against Travolta, claiming that the actor groped him during a massage and tried to have sex with him. Travolta's representatives fired back, saying that they had proof that Travolta was on the East Coast during the day of the alleged massage... and thus that the story had to have been fabricated.

The second claimant - also a masseur -- sued last Tuesday. This second masseur claimed that he had "substantial documentation and numerous witnesses regarding the substance of Travolta's actions" at a resort in Atlanta, Georgia.

So far, both plaintiffs remain anonymous: they are known as "John Doe Plaintiff No. 1" and "John Doe Plaintiff No. 2". Both men want $2 million for the alleged sexual assault and harassment. John Doe No. 1 has asserted a number of provocative claims, including:

• Travolta told him that "Hollywood is controlled by homosexual Jewish men";
• Travolta suggested that he and the masseur should engage in a threesome with a "Hollywood starlet."

Travolta's legal representatives responded, lividly, saying that "none of the events claimed in the suit ever occurred." They have threatened to sue both the plaintiffs and their attorney for "malicious prosecution."

Travolta has faced scrutiny in the press before over his sexuality. In 1990, a man named Paul Barresi published an account in the National Enquirer, claiming that he had been Travolta's lover for two years in the early 1980s. The gossip magazine allegedly paid Barresi $100,000 for his story...which Barresi later retracted, interestingly.

Travolta has been married to Kelly Preston for two decades, and they have two children together - a third child, Jet, passed away in 2009.

Whether or not the sexual harassment allegations against Travolta hold up in court, the story illustrates how painful and scary it can be for victims of harassment and assault to step forward and take action. When you make a case, you need to be prepared for the counterattacks, legal and otherwise, from the other side. Likewise, you should be sure that the issues you experienced can legally be categorized as litigatable harassment, so that any counter-attack by a defendant can be securely repelled.

No matter where you are in the process of dealing with the after-effects of sexual harassment, racial discrimination, wage and hour violations, or other problems at your workplace, you can benefit from the powerful guidance of the team here at Joseph, Herzfeld, Hester & Kirschenbaum. Call and get a free consultation about your legal situation -1-866-348-7394 - or explore the useful free resources we have here at www.jhllp.com.

Walmart Agrees to Pay $5.3 Million in Back Wages, Damages and Penalties

Thu, 10 May 2012 12:36:35 -0500

Last Tuesday, Bentonville, Arkansas based super-retailer Walmart agreed to pay out $5.3 million for violating the federal government's overtime rules. 4,500 plus Walmart employees across the U.S. will collect $4.8 million in damages and back wages, and the retailer will also pay nearly $500,000 in penalties.

Why is Walmart being hit?

The federal Fair Labor Standards Act requires companies to pay certain employees overtime. Walmart failed to pay managers and coordinators of various centers and warehouses for work done more than 40 hours a week. A U.S. Department of Labor Wage and Hour Division investigation found that, in failing to pay out this overtime, Walmart violated the law. A neutral "third-party" administrator will pay out the damages and back pay to the employees.

This isn't Walmart's first scrap with the Department of Labor. Five years ago, following a separate Department of Labor investigation, the company paid out $34 million in interest and back wages to workers as part of a different settlement.

Wage and hour rules can be complicated.

If you've been the victim of wage-related mistreatment, you may not even be aware that you were unfairly treated. Even if your employer has a history of such mistreatment which you think or they say may have been rectified, it pays to investigate potential "red flags." If you suspect that you may have been slighted -- or if you are simply confused -- connect with the powerful team at Joseph, Herzfeld, Hester & Kirschenbaum. We can teach you about your rights and ensure that your employer treats you fairly for the hard work and good services that you provide.

Call 1-866-348-7394 for more information. Our firm has represented clients in some of the most complicated and news-worthy wage and hour cases of the past several years - including cases involving billions of dollars of potential overtime pay on the line.

U.S Supreme Court Justices Consider Whether Pharmaceutical Sales Reps Should Get Overtime Pay

Mon, 07 May 2012 14:52:24 -0500

Last Monday, Justices at the U.S Supreme Court debated whether pharmaceutical sales representatives (a.k.a. "detailers") should be entitled to overtime pay for their efforts.

At the heart of the debate is a pretty simple, straightforward question: should these detailers -- the people who go into doctors' offices and try to convince physicians to purchase medications from their drug companies -- be considered salespeople... or not?

• If so, then Federal Law can exempt the drug companies from having to pay these people for overtime.
• But if the detailers are not considered "outside salesmen," then they should be entitled to overtime.

It's a technical question. But billions of dollars weigh in the balance. If the plaintiffs win, the ruling could rock the pharmaceutical industry, and drug companies will be forced to pay out huge sums in overtime related liabilities.

Many detailers work standard hours (8:30 to 5:00) and also clock in an additional 10 or 20 hours extra every week. The reps also get bonuses based on prescription volumes.

A New York Times article on the debate recently quoted Justices Elena Kagan, Ruth Bader Ginsburg, and Stephen Breyer -- the Justices tried to parse the arguments while keeping the "bigger picture" in mind. The lower courts have already gone back and forth on the case. Back in July 2010, a Second Circuit Panel of three Judges concluded that the detailers should not be called outside salesmen because they cannot lawfully obtain from physicians a binding commitment to prescribe drugs. Four months later, however, a panel of Judges at the United States Court of Appeals for the Ninth Circuit ruled a different way.

The U.S Labor Department jumped in on the action and gave support to the plaintiffs in both cases. In weighing the situation, Justice Breyer chastised the Labor Department a little bit for acting "rashly" in support of the plaintiffs but did agree that the case is a "close call."

Joseph, Herzfeld, Hester & Kirschenbaum is part of the legal team representing the plaintiffs in this case and several others in New York and across the United States. If you're part of the pharmaceutical industry and feel you're due overtime pay, or if you're in any other industry and had a wage and hour issue or a problem with sexual harassment, racial discrimination or retaliation, connect with the JHLLP team today by calling us for a confidential consultation at 1-866-348-7394, or explore more about our team on the web at www.jhllp.com.

New York City Wage and Hour Violations: Breaking the Cycle of Abuse

Thu, 19 Apr 2012 18:13:36 -0500

If you are a New York employee who has been subjected to wage and hour violations - e.g. your boss withheld tips illegally or compelled you to work overtime in violation of explicit company policy or of New York Labor Laws - you probably feel pretty helpless and confused right now.

On the one hand, intellectually, you understand that you should be entitled to fair treatment and fair pay. On the other hand - or at least you tell yourself this - your situation is "complicated."

Perhaps you're angling for a promotion and you don't want to "make waves" by complaining about the wage and hour violation. Perhaps you're just terrified of your boss. Perhaps you were raised to "tough it out" when things get rocky. In any case, you are aware of a subtle dissonance in your life. You know you deserve better. But you're not sure how to break out of the cycle and demand better treatment... and potentially get compensated for damages that you've endured.

Change Begins Within:

Our perceptions of ourselves can profoundly influence how/whether we take action to protect our needs. Many of our key beliefs are held at the subconscious level. In other words, we're not even aware that they exist. But they do exist, and they impact our day-to-day associations, relationships, and actions. Unless and until we can root out the negative beliefs we have about our ourselves - about what we deserve and about what we should expect from others - we may find it very difficult to progress in our careers.

Example of a Subconscious Script:

For instance, say you have a subconscious script running that goes something to the effect of: "I'm a slacker employee, and I always screw up." That "below the surface" belief will almost certainly thwart your attempts to end any mistreatment. Think about it. If you believe that you're really the true of the problem, why even bother filing a complaint with HR? What good will it do to you to connect with a reputable New York employment law firm?

On some level, you would probably dispute this belief. And if you looked at the belief objectively, you would probably see that it's founded on a false premise. But the point is that, if your self-defeating subconscious scripts run the show, you may find it hugely challenging to escape abusive or unfair treatment at work... and to prevent yourself from getting trapped in future toxic work relationships.

Moving Beyond the False Beliefs about How You Should Be Treated at Work:

The process of recovering from a traumatic workplace event - be it sexual harassment, racial discrimination, retaliation, or what have you - can take a long time. But as the old adage goes, the best way to eat an elephant is one bite at a time. Take small, decisive, positive steps in the right direction, and you'll eventually get to a far better place, not only with respect to your career but also with respect the rest of your life. Connect with the team here at Joseph & Kirschenbaum at 1-866-348-7394, or visit www.jhllp.com, to learn more.

Is Thomas Sowell Right About Race and Sex Discrimination Lawsuits?

Wed, 11 Apr 2012 18:14:10 -0500

In an April 3rd piece at realclearpolitics.com, "The Invincible Dogma," popular conservative columnist, Thomas Sowell, built a case that many racial and sexual discrimination lawsuits are unwarranted. According to Sowell, "at the heart of these legal charades [i.e. anti-discrimination cases] is the prevailing dogma that statistical disparities in employment... show discrimination."

As examples, Sowell discusses "unfounded" lawsuits against Federal Express and the Sears department store chain. Plaintiffs in these cases cited statistical evidence that showed racial/gender imbalances in the workforce of these companies. For instance, Sears' workforce was overwhelmingly male - and that struck many observers as fishy or aberrant. Sowell's point is that, imbalances in the workforce (gender imbalances, racial imbalances, etc) are often just statistical noise. In other words, there was no intention of malice or intended discrimination. Sometimes workforces are overwhelmingly male (or white, or what have you) due to sheer chance and random distribution.

Here's a metaphor to help you understand Sowell's reasoning. Imagine you flip a quarter five times in a row and get heads every time. You might think that the quarter was "biased towards heads" - and indeed, the coin might be a trick coin. But according to statistics, if you did this exercise 32 times, the likelihood of getting "five heads in a row" is one out of 32 -- unusual, but not outrageously so. And if 32 people flip a quarter five times, odds are that at least one person will flip heads five times in a row - even given a fully "fair" coin.

Sowell also suggests that workplaces can be influenced by staggeringly diverse attitudes, skills, and histories. Odd-looking recruitment/hiring/firing patterns may thus have nothing to do with discrimination, even if they appear like they do. He suggests that there is "little evidence or logic...behind the belief that an absence of random distribution shows discrimination."

Sowell makes a nice-sounding intellectual argument. But even if you do believe his position, you really need to be careful not to throw out the proverbial baby with the bath water. Yes, random fluctuations can make it look like discrimination is occurring - even when there is no discrimination and no intention of discrimination.

But that same "statistical noise effect" can cloak discrimination when it occurs!

One can easily imagine a workplace with a perfectly equal distribution of male and female employees... in which the corporate structure is biased against the female employees in subtle but very real ways. The statistics might suggest that "everything is hunky-dory." But if you examined the company's history on a granular level, you might discover that the number of potential female executives should have been twice the number of potential male executives! In other words, the hiring and promotion processes were by no means fair and meritorious. Sowell's model would be utterly unable to detect this kind of subtle pattern of discrimination.

The general point is that arguments like Sowell's can seem compelling - and they are certainly worthy of consideration. But there can also be a danger of "over-intellectualizing" and oversimplifying workplace discrimination and harassment issues.

If you or someone you care about needs helps with a case, connect with the experienced employment law team at Joseph & Kirschenbaum. Call 866-348-7394 or visit us on the web at www.jhllp.com.

"Pre-Thinking" to Thwart Sexual Harassment and Other Problems at Work

Fri, 23 Mar 2012 00:30:14 -0500

If you work in a toxic workplace environment - if you've been a victim of sexual harassment, wage and hour violations, racial discrimination, or other bad treatment - you may feel helpless, frustrated and overwhelmed. Many people suffer in silence in terrible environments for months or even years.

"Taking action" is often easier said than done. It takes courage to try to change a bad situation -- whether that means talking to someone in HR or taking more extreme measures, like filing a legal action. When you are "in the thick of it" - when you work at a bad workplace - you may consciously "tune out" the mistreatment just to get through the day. Only after you've had some perspective - a "wake up call" from a concerned family member or colleague, perhaps -- can you really see with clear eyes the injustices that have been perpetrated on you... and perhaps on your colleagues as well.

Why do our instincts for common sense and self preservation often take leave when we encounter these hostile work situations? Why do some of us "freeze up" or "go numb"?

The answers are complex. But a popular article in the Harvard Business Review may hold clues for how to help you "out think yourself," so that when you do encounter harsh conditions, you will act the way you WANT to act instead of the way that you habitually respond. The basic idea is that you need to pre-think your decisions before you get involved in emotionally tough situations.

The Process

The way you do this is by constructing and rehearsing "if/then" or "when/then" statements. You work out contingencies to prepare yourself. For instance, say you work at a restaurant, and your manager harasses you. Maybe he makes untoward comments about your appearance or comes on to you sexually. Although you find this behavior disgusting, you often try to "brush it off" or "laugh along with him." But this passive behavior just fuels his aggression and leaves you feeling abused and frustrated. The article suggests that you think through your situation in advance and come up with contingencies like the following:

• If my manager makes a rude or off color sexual joke or comment, then I will tell him that the joke makes me uncomfortable and ask him to stop immediately.
• When the manager flirts with me, then I will ask him to stop and issue him an ultimatum that if he does it again, I am going directly to HR.
• If he doesn't take me seriously and continues harassing me/making lewd comments, then I will make good on my promise and go directly to HR.
• If HR does not immediately deal with the problem and permanently stop this behavior, then I will find a sexual harassment attorney immediately.

The value of this kind of contingency thinking can be quite profound and liberating. Of course, some workplace situations can be extremely difficult to manage. Fortunately, you can turn to the team here at Joseph & Kirschenbaum, LLP for a free and confidential case evaluation. Explore more about how we've helped people like you at www.jhllp.com, or call us at 866-348-7394.

Celebrity Chef Paula Deen Slapped with Sexual Harassment Lawsuit

Tue, 13 Mar 2012 00:27:41 -0500

When celebrity "comfort food" chef Paula Deen recently disclosed that she'd been diagnosed with Type II diabetes, the revelation made national headlines and provoked criticism that her rich Southern-style cooking might have been to blame for her illness; now, she's back in the news with another setback: a sexual harassment lawsuit. Deen and her brother, Bubba Hiers, face some pretty embarrassing and shocking charges.

Here's the scoop, according to celebrity gossip site TMZ.com...

Lisa Jackson, the general manager at Uncle Bubba's Seafood and Oyster House - Deen's Savannah, Georgia restaurant - alleges that she suffered serious harassment over the course of six years of employment. Here are the most incendiary charges:

• Bubba Hiers visited X-rated websites on the kitchen's computer and never logged off. He thus created an atmosphere of "inescapable pornography."
• Bubba told off-color jokes and insulted female employees by calling them "fat girls";
• Bubba told Jackson "you have nice legs."
• Bubba "kissed Lisa on the face."
• Bubba "used the n-word a lot and made horrible racist jokes."

Lawyers for Deen quickly countered Jackson's allegations, calling them "false." They also claimed that Jackson filed the lawsuit only after Deen refused to pay her to keep mum about the alleged kitchen harassment.

Unfortunately, "terrible, no good, very bad behavior" and "restaurant workplaces" seem to go together far too often. If these allegations of racist comments and harassment are true, they don't bode well for Deen's career or public image.

If you know someone who has struggled with workplace harassment in a restaurant kitchen - or retaliation, discrimination or wage and hour violations - turn to the team at Joseph & Kirschenbaum LLP. Connect with our experienced restaurant workplace attorneys at 866-348-7394, or visit us online at www.jhllp.com to learn more.

Jaw-Dropping Racial Harassment in Chicago: Employees Did "Black Face Routine" at a Company Meeting?

Thu, 23 Feb 2012 13:09:47 -0500

The Chicago Sun-Times is reporting on a stark and disturbing story of racial harassment involving the ThyssenKrupp Elevator Corporation. Montrelle Reese, a 33-year-old former salesman with the company, heard employees use racial slurs and saw them perform a racially insulting black face routine.

According to a CBS Chicago news report, "Reese insists racial harassment was tolerated for months at the company's Westchester office... [and he also] provided a photo of a ThyssenKrupp manager in blackface during [a] skit [at a company managerial function]." He also said his direct supervisors used the N-word.

A Sad Racial Harassment Story That's Drawing a Lot of Political Attention

After working at the ThyssenKrupp's Westchester office from 2007 to 2010, Reese resigned because of the hostility. He then filed a complaint with the Illinois Department of Human Rights. The Board agreed that there was "substantial evidence of discrimination" against Reese.

The Rev. Jesse Jackson has gotten embroiled in the dispute. Jackson's Rainbow PUSH Coalition is now monitoring ThyssenKrupp to make sure that officials make good on promises to change the corporate culture and eliminate the racial bias elements. Both Rev. Jackson and Reese have stated that the company appears to be reforming its ways, but Reese still maintains that "they are going to have to make it right, with me and with the community."

Why All of Chicago Is Watching

Reese's story (and potential lawsuit) is more than just an isolated story about harassment. His situation may hold implications for the entire city of Chicago. Here's why. ThyssenKrupp is a German company that's considering moving its large regional offices to Chicago. If the company does move, it could bring much needed jobs to a city badly pummeled by the 2008-2010 Recession and its aftermath. If the lawsuit dissuades the company from moving... then Chicago would have to look to other employers to keep its population employed.

It's a conundrum for people concerned about workers' rights. On the one hand, we must ask: is ThyssenKrupp truly capable of the kinds of positive changes that Reese and Jackson want? If not, maybe dissuading the company from "setting up shop" in town is a good thing.

On the other hand, Chicago could really use the employment. As an article at the website NewGeography.com points out, "Since 2007 the [Chicago] region has lost more jobs than Detroit, and more than twice as many as New York. Over the [past] decade... Chicagoland's total loss was greater than any region outside Detroit. It has lost about as many jobs - 250,000 - as up and comer Houston has gained."

Lessons Beyond Chicago

The case has obvious importance if you worry about Chicago politics and industry. But it also holds lessons for all of us concerned with workplace issues. It's already 2012! Is it really possible that, in an American company, employees might still dress up in black face and hurl racial epithets at African American employees? Honestly, the allegations almost sound like they are vestigial--as if they were transported from 1965 to the present.

The moral here is that we live in a complex world. Our society is still, in many ways, reeling from the aftereffects of slavery and Jim Crow laws. If you or somebody you care about has been harassed, discriminated against, retaliated against, or otherwise mistreated at your workplace, the team at Joseph & Kirschenbaum can listen to you and provide excellent suggestions. Call us at 866-3487-394, or find out more information at www.jhllp.com.

Sexual Harassment in the Modeling Industry? "No More!" Says New Labor Group

Wed, 15 Feb 2012 17:53:38 -0500

Sexual harassment, child abuse, immoral booking agencies, and eating disorders all can make life as a fashion model quite uncomfortable. As former model Sara Ziff recently told the Wall Street Journal, the industry often treats models as commodities: "like choosing a gallon of milk at the deli."

After working for big names like Banana Republic and Tommy Hilfiger, the 29-year-old Ziff founded The Model Alliance, a labor group supported by the Council of Fashion Designers of America as well as by many famous working models. The Alliance marks the second time that fashion models have tried to organize. In 1995, activists founded a group called The Models Guild. That group collapsed due to lack of support from industry professionals.

To end model sexual harassment, wage and hour violations, privacy concerns, and physical turmoil (models often labor without sleeping or eating enough) Ziff and her colleagues drafted the Models' Bill of Rights. According to a Wall Street Journal report, this Bill of Rights "demands that all jobs and castings involving nudity be subject to informed consent, and that no model under 17 be asked to pose nude or semi-nude." Ziff also wants to prohibit how and when photographers can access models; and she wants more financial transparency in the industry.

Many models start out in the business in their early teens or younger. These young people enter a very adult business. They can be easy targets for harassment and mistreatment. Modeling is also an extremely competitive field. The young women (or men) lucky enough to land regular work that pays well might be tempted to keep quiet if/when mistreatment occurs.

Will the Alliance succeed in changing industry practices and protecting young women and men who need help? Or will it go the way of The Models Guild--a good idea that failed due to lack of support?

Fortunately, resources abound for models and others who have experienced problems like sexual harassment, age discrimination, and wage and hour violations. The well-known and widely respected team at Joseph & Kirschenbaum can provide a free, confidential consultation about your situation. We can help protect your rights and demand justice. Learn more at www.jhllp.com, or call us at 866-348-7394.

Retaliation against Whistleblowers: It's Not Like in the Movies...

Tue, 24 Jan 2012 17:59:03 -0500

If you or a close family member has contemplated "blowing the whistle" on your company or organization, you may simultaneously experience a number of conflicting emotions:

Fear

You might worry about your safety, your family's safety, your employability, the company's reputation, your ability to provide for your family, and more.

Excitement

Whistleblowers often wait months, if not years, to "do something" about abuses, environmental malfeasance, corporate rule breaking, etc. When they finally make the decision to call management out on their misdeeds, that decision can feel tremendously empowering. It takes great courage to rise up and speak your mind, especially if you face a "David vs. Goliath" situation.

Uncertainty/confusion

What are your rights as a whistleblower? What compensation can you expect if, for instance, your case is a Qui Tam case? What are the right steps and processes for you to take to protect your legal rights, protect your job (if possible), and protect your reputation? Whom can you trust to guide you to proper resolution and answer your questions along the way.

Anger/disappointment

As you initiate the whistleblowing process, you may experience waves of anger, disappointment, resentment, and sadness as you discover that once close friends and associates either turn their back on you, fail to offer effective support, or even side with "the enemy."

Renewed hope

On the flip side, you might be surprised by the gracious and generous behaviors, gestures, and attitudes of people in your company - and elsewhere - who look after you, protect your reputation, and even join you in your fight for justice.

A Whistleblower Case May be Different Than What You're Picturing In Your Mind

Whistleblowers, as typically depicted in movies and television, are often physically threatened. Maybe an angry boss or co-conspirator throws a rock through the window or commits nefarious and highly personal attacks. But these kinds of behaviors are far rarer than you might think.

On the flip side, you might not be prepared for the extent of the "shunning" you could experience as a whistleblower. Friends at work might feel intense social pressure to distance themselves from you and even to side with management against you. The social/emotional consequences of being shunned can be hard to take, even if you prepare in advance.

Moreover, studies by groups like the Ethics Resource Center suggest that retaliation against whistleblowers may be increasing. In 2007, the ERC found that whistleblowers were retaliated against 12% of the time; in 2011, whistleblowers were retaliated against 22% of the time.

For help preparing yourself and your family for a whistleblower case, or to respond effectively to retaliation, discrimination, or harassment, connect with the team here at Joseph & Kirschenbaum. Call the firm at 866-348-7394, or learn more about our services at www.jhllp.com.

Blockbuster Revelation in Hollywood Age Discrimination Case: Mysterious Actress - Jilted by IMDB - Finally Reveals Her Name!

Wed, 18 Jan 2012 17:57:38 -0500

Last October, an anonymous actress launched an age discrimination lawsuit against Amazon and its subsidiary, the Internet Movie Database (IMDB). For months, Tinsel Town has been abuzz with speculation about who the actress might be. The anonymous woman claimed that Amazon extracted her personal information from a credit card and used it to date her as a "40-year-old woman" on the IMDB service. She claimed that this information subsequently cost her work. In the words of the filing, it led to a "substantial decrease in acting credits, employment opportunities and earnings."

This Hollywood age discrimination suit struck a chord, even with many who considered the idea of suing Amazon to be excessive. After all, Screen Actors Guild statistics suggest that women over the age of 40 account for just 12% of film and TV roles. Meanwhile, in the general US population, women over 40 make up nearly a quarter of the population.

In December, a Seattle judge dismissed the woman's lawsuit on the grounds that she could not pursue the complaint anonymously. This led to the big revelation: her name. Drumroll please. It is...

Huong Hoang of Texas.

Hadn't her of heard? You're not alone. Turns out, the actress has appeared only so far in small budget films and minor TV roles. Her credits include Gingerdead Man 3: Saturday Night Cleaver and Hoodrats 2: Hoodrat Warriors. (Huong's bio suggests that she can play character ages 26 to 33.)

Will the revelation lead to legal justice for the actress? Will all of the publicity surrounding her case lead to her being hired for a larger television or film project? Stranger things have happened.

On a more serious note, age discrimination in Hollywood and beyond is a silent but pernicious problem. Often, victims feel embarrassed, disempowered, and unclear about their rights. So they don't end up investigating in their legal options. Instead, they suffer poor treatment - even hiring or firing injustices - in silence. If you or someone you care about has been a victim of age discrimination, sexual harassment, retaliation, or other workplace mistreatment, the team here at Joseph & Kirschenbaum can help you. Connect with the office today at 866-348-7394 or www.jhllp.com.

New York City Restaurant Wage and Hour Violations Galore: Federal Officials Recover Over $2.3 Million in Back Wages Owed

Fri, 23 Dec 2011 13:30:05 -0500

The U.S Department of Labor's Wage and Hour Division has announced a major coup, after a federal crackdown on illegal practices at Italian restaurants on Long Island.

Investigators found wage and hour violations galore and managed to recover $2.3 million in back wages owed to nearly 600 workers at 46 Italian restaurants and pizzerias. The Department of Labor also leveled more than $200,000 in civil penalties against the employers for repeated violations of the Fair Labor Standards Act. Employers apparently skirted overtime requirements, falsified payroll, and tried to escape from tax liabilities.

The Director of the U.S. DOL's Long Island District Office, Irv Miljoner, said that investigators found not only violations of minimum wage law and overtime rules, but also a massive number of employees being paid off the books. Some restaurateurs countered that the improper pay structure was necessary for them to compete - they argued that if their restaurants paid fairly, they would have to raise prices, and thus they would lose business to competitors.

This defense seems, at first glance, to make sense. However, once you really consider the logic, it reveals itself as absurd. It's like saying, "I beat my wife because she won't listen to me otherwise." If you can't make a relationship work - whether personal or business - within a legal or moral frame, you probably shouldn't be in that relationship.

The Department of Labor is now turning its laser-like focus on diners in Suffolk and Nassau counties, searching for wage and hour violations. Miljoner issued a statement about that investigation: "We're already finding what we thought we would find."

The attorneys here at Joseph & Kirschenbaum have led the charge against New York City restaurant wage and hour violations. Attorney Maimon Kirschenbaum has won fame (or infamy, depending on your point of view) for taking on the largest, most venerated restaurants in the Big Apple and punishing them for mistreating and underpaying their workers.

If you or someone you love or care about has been mistreated, harassed, underpaid, or discriminated against at a restaurant or other establishment, our team can help. Learn more about our commitment to justice at www.jhllp.com, or get a free, confidential, compassionate consultation by reaching out to us at 866-348-7394.

7-Year-Old Accused of Sexual Harassment after Defending Himself in Fight

Sun, 18 Dec 2011 13:32:46 -0500

As the Herman Cain sexual harassment story recedes from the headlines, a different flavor of jaw-dropping sexual harassment charge has taken its place and sparked fevered reaction in the media and blogosphere. According to a Boston Globe report, 7-year-old Mark Curran is being investigated for sexual harassment for kicking another boy.

News reports suggest that Mark and another child got into a fight on a school bus on November 22. The other child choked Mark, who responded by kicking or punching him in the groin. Tasha Lynch, the boy's mother, allegedly encountered a lot of resistance from school officials as she sought to understand what happened during and after the fight.

Lynch reported that Leslie Gant, Mark's interim school principal, sent home a letter that threatened to put Mark on suspension or transfer him out of the school for endangering the safety of a student and for sexual harassment. Lynch was understandably apoplectic. She voiced her outrage to the Globe: "[Gant] said 'Mark hit [the other boy] in the testicles. That's assault. That's sexual assault.' I said: 'The kid choked my son first, and that's called attempted murder. [Mark] said he couldn't breathe.'"

The story touched off a sea of chatter in the blogosphere. The Huffington Post reported that this sexual harassment charge came on the heels of another similar case, in which a 9-year-old child from North Carolina was suspended for school for two days for "sexually harassing" a substitute teacher by calling him "cute."

Although it's almost never a good idea to prejudge cases without hearing all the evidence, it seem clear that some folks are testing the elasticity of "sexual harassment" (and "attempted murder", for that matter), especially when and by applying the allegations to children. It's frustrating because stories like these provide cannon fodder for critics of sexual harassment laws. These critics can highlight stories of a 7-year-old getting tarred with sexual harassment allegations and use them to make broad-brushed critiques of sexual harassment laws in general. In truth, thousands of women and men benefit tremendously from having these laws in place to protect them against unfair and often times scary co-worker and employer misbehavior.

But just as it is important to have laws against certain specific behaviors and public awareness of such practices and their due consequences, it is also important to be accurate when describing and drawing attention to unwanted behavior. Bullying and schoolyard fights, when they are just that, should be called just that.

If you or someone who you care about has been harassed or mistreated at work, get professional and seasoned assistance in properly classifying the unwanted behavior so that you can know your legal options with regards to stopping and/or enacting consequences for the perpetrator. Connect with the team at Joseph & Kirschenbaum at www.jhllp.com or 866-348-7394.

Huddle House Fined for Wage and Hour Violations

Thu, 24 Nov 2011 15:13:15 -0500

The popular Atlanta-based restaurant chain Huddle House has come under the gun for alleged wage and hour violations. According to a U.S. Department of Labor Wage and Hour Division investigation, Huddle House also allegedly violated labor laws.

A story in Nation's Restaurant News catalogued the bad news: some "employees' income did not meet the minimum wage because they were required to share their tips with different employees, or because the restaurants took deduction for breakage losses, damages and check cashing fees. In addition, some non-tipped employees, such as cooks, were paid less than minimum wage."

On top of that, many tipped employees were not correctly paid for overtime, and some employees who were non-exempt didn't receive any overtime at all. In one case, a 15-year-old employee at Huddle House worked more hours than the law allows; that Huddle House franchise faces a child labor violation charge.

Huddle House is not the only Southern restaurant or franchise to come under the gun lately. The Department of Labor just finished conducting a multi-year investigation of Georgia restaurants; and the DOL uncovered significant non-compliance with federal regulations, such as wage and hour rules.

Sound familiar?

If you've been paying attention to the wage-and-hour news out of New York City, you would almost certainly recognize the name Maimon Kirschenbaum, a lead attorney here at Joseph & Kirschenbaum. Attorney Kirschenbaum has earned widespread notoriety for his relentless battle against abusive practices at New York City restaurants. He has taken on the biggest celebrity chefs and most powerful restaurants in the city, in an ongoing quest to ensure that workers, such as cooks, servers, bartenders, and managers, are paid appropriately, treated fairly, and protected from future abuse.

If you are a restaurant worker and you suspect you and your co-workers have been treated unfairly, discriminated against, retaliated against, or harassed, the powerful and proven team here at Joseph & Kirschenbaum can help. Find out more about our philosophy and how we can help at www.jhllp.com, or call us now at 866-348-7394.

Sexual Harassment Accusations Dog Herman Cain as Candidate Tries to Steer the Conversation Back to His "9-9-9" Platform

Fri, 04 Nov 2011 11:55:59 -0500

Herman Cain, the former Head of the National Restaurant Association and current GOP Presidential hopeful, once sexually harassed two female employees, according to game-changing allegations published in a October 31st article on the website, Politico.

Here is the latest on this politically explosive story.

Allegations

According to the Politico article, the two women "complained that sexually suggestive behavior by Cain made them angry and uncomfortable... they [ultimately] signed agreements with the restaurant group that gave them financial payouts to leave the association. The agreements also included language that bars the women from talking about their departures."

The Politico reporters pieced together what happened, based on stories from various sources. Politico claims that "both women received separation packages that were in the five figure range." Problematic incidents included: "conversations allegedly filled with innuendo... and personal questions of a sexually suggestive nature, taking place at hotels during conferences, at other officially sanctioned restaurant association events and at the association's offices."

Cain's Camp's Reaction

After interviewing on "Face the Nation" on Sunday the October 30th, Cain was peppered with questions about the allegations of sexual harassment. At first, Cain refused to directly comment on the Politico story, even after a reporter asked him point blank: "have you ever been accused, sir, in your life of harassment?"

Here is Cain's response, again per the Politico story, "he [Cain] breathed audibly, glared at the reporter and stayed silent for several seconds. After the question was repeated three times, he responded by asking the reporter, "have you ever been accused of sexual harassment?""

Days after the story broke, Cain continues to strike a defiant stance. In an interview with conservative commentator Sean Hannity, according to a CNN report, Cain said: "The American people are starting to see through this stuff, and they are sick of gutter politics... this will not deter me."

The Ramifications

While Cain's response superficially sounds defensive -- like something a grader schooler might say when caught red-handed -- without a full review of the facts, one cannot fairly condemn (or exonerate) Cain. Even if the harassment story turns out to have "legs," the story seems relatively benign, at least when you compare it with other political scandals that have grabbed headlines of late - scandals such as John Edward's alleged misappropriation of campaign funds to pay for his secret mistress, which he apparently did all while his wife was stricken with fatal cancer. Yet, Cain's relatively benign issue could conceivably alter his potential rise to US presidency.

Lessons We Can Learn?

We don't yet know the facts in the Cain matter, but the possibilities of what may have occurred and are occurring can still teach lessons.

1. Is it better to avoid issues that come to light that you thought were buried forever, own up to them (again) or at least acknowledge them and say that details are sealed by mutual agreement?

2. Even if someone settles with a plaintiff, including a gag order, the facts may anyway come out sufficiently to continue punishment. Exercising self-control is always the best defense. If you lose your temper or bearing and utter words that can be construed to be harassment, you may face long term, dynamic problems. In addition to possibly breaking the law and hurting another person, you never know where, when and what it will cost you down the road. 

Sexual harassment cases - and cases of employment discrimination, wage and hour violations, retaliation, etc - can dog both perpetrators and victims for years after the fact. The best way for a victim to find peace, justice, compensation and a better and safer work environment is to connect with experienced,professional, legal resources which will fight to have things resolved in your best interest.

The team at Joseph & Kirschenbaum can help you understand your rights and explore mechanisms for getting compensation and for coming to closure about what happened. Learn more at www.jhllp.com, or call the team now for a free case evaluation at 866-348-7394.