New York Employment Attorneys Blog

In an interesting move, Whole Foods Supermarkets have begun to offer employees an additional ten percent discount on food purchased for those who submit to routine health examinations, don't use tobacco, and comport to low body mass index guidelines. The discount, an additional ten percent on top of the 20% employees already receive, would be a bonus for keeping fit.

The move has received a lot of attention since it was announced, with employees on both sides taking a stance, claiming that it promotes employees to be healthy and be given a financial incentive for doing so. On the other hand, some say that it is a punishment for overweight and unhealthier employees, and that it negatively reinforces the eating habits of some less healthy Whole Foods employees.

What is your take? Is it ok to offer some benefits to thin employees over fat employees? Should heavier people get protection?

A bigger question is there "fattism" in America?

A Times article published today explores the plight of a number of workers in Queens and Brooklyn who have been routinely underpaid and exploited by their employers, as well as an ongoing investigation into labor practices of these shady business:

Most Low-Wage Workers Are Cheated of Pay, Report Finds

This time, a local East Village Italian restaurant is at the heart of a class action dispute regarding pooled tips, unpaid overtime, and a number of other labor violations. The restaurant, Frank, is accused of sharing tips with management and the kitchen staff, cutting into the bartenders and waiters salaries, which are subject to a much lower minimum wage than the $7.15 guaranteed to other workers.

Check out the full article on NY Eater here: Lawyers Seek More Disgruntled Workers to Stick it To Frank

The New York Times City Room blog has an interesting look at what goes on inside New York' Court Houses. Check it out here: In Line at the Courthouse, an Everyday Scene of Drama and Duty

Popular online dating site eHarmony has settled a class action lawsuit where they were accused of discriminating against a number of individuals trying to use the site. In response to earlier cries of discrimination and lawsuits claiming that the site barred gays from looking for partners, eHarmony created a separate site for gay individuals to find dates, called Compatible Partners. Users of that site however have claimed discrimination against eHarmony, stating that bisexual users were discriminated in that they were forced to buy two subscriptions in order to use the service.

You can read the full article on Consumerist here: Dating Site eHarmony Settles Same-Sex Class Action For $2 Million

A Federal Judge in Brooklyn has ordered sweeping changes to be made at the New York City Fire Department, ordering that the City hire more black and Latino firefighters, and giving numerous employees back pay. The ruling, issued by Judge Garafuis of the Eastern District of New York, found that the hiring examination used from the early 90's until recently have had a disparate impact on black and Latino applicants vying for jobs in the FDNY.

In finding for the group of firefighters, Judge Garafuis has instructed the FDNY to overhaul the way in which it screens and hires applicants, and has ordered the city to pay out fines to current minority FDNY employees. The ruling also calls for retroactive promotions for a number of employees who had been subjected to the discriminatory tests.

The ruling also implied that the City must reevaluate its standards for testing firefighters for hiring and promotion, and to ensure that all future tests do not adversely impact minority groups seeking employment.

The New York Civil Liberties Union has filed a lawsuit on behalf of five New York City public students who claim they were harassed and abused by school safety officers employed by the New York City Police.

In an attempt to increase safety in public schools, the NYPD has employed these school safety officers to monitor school situations, and to ensure that all are safe to learn without the threat of violence or fear.

However, these students claim that the fear and intimidation has not come from school bullies, but the officer's themselves. The officer's are accused of abusing their authority by arresting, assaulting, and performing other actions on students in public schools who may have broken rules, but have not committed any crimes. This includes a sixth grader who had been handcuffed for drawing on a desk with an erasable marker, and other assaults on students who had violated school rules.

The five students claim that the officers acted well out of their authority, and have cause serious emotional and physical harm to them.

Read more on the New York Times City Blog, including a PDF of the complaint:
Suit Charges Abuses by School Safety Officers

As this blog has noted over the last few months, notably a New York City Steakhouse Accused of same sex sexual harassment and The Cheesecake Factory settling a same sex harassment suit brought by the EEOC, the EEOC has released a report addressing the rise of male/male sexual harassment in the workplace. The report, released in early January, makes note that increasingly, men are coming forward with claims of harassment against fellow employees and their employers. This marks a shift away from traditional conceptions of sexual harassment, where males have traditionally harassed women in the workplace.

The EEOC's interest in this behavior is reassuring, marking a stronger push towards the rights of all workers to do their job in a harassment-free environment. It also works to de-stigmatize the idea of same sex sexual harassment, and hopefully coax more individuals into reporting this illegal behavior.

A number of former cooks and wait staff of New York City restaurant and bar B Bar have come forward to file a lawsuit against their employer, claiming that the restaurant did not follow standards for paying employees overtime.

The restaurant, owned by prominent restaurant and club owner Eric Goode, is a fixture for the hip New York set, frequently drawing celebrities. Goode, who owns a number of other restaurants including locations at the Maritime and Bowery hotels, is named as an individual defendant in this case.

This seems to be a particularly bad year for FLSA violations at restaurants in New York. Is this the work of a beefed up Department of Labor, with more investigators as promised by President Obama? Or are restaurant workers, who historically have worked for low wages and tips, starting to flex their legal rights as more and more suits hit? In either case, it is a promising sign for employees working the restaurant industry, and for the rights of hourly workers everywhere who are routinely denied overtime pay.

Check out this informative opinion piece on "straight privilege" and the current push for sexual orientation equality in the workplace: Robert Youngs Jr.: Discrimination and privilege need to be re-examined

A group of three EMT's working in West New York, New Jersey have settled out of court after they brought a lawsuit against the City. The suit claimed that the EMT director of West New York constantly harassed them, making sexual advances against the employees, as well as making a number of derogatory comments against the employees.

The employees repeatedly complained about their treatment, but were only rebuffed and retaliated against for their claims. According to attorneys for the plaintiffs, their complaints were met with reduced hours on their shifts, and continued harassment from their superiors.

In settling, the Defendant, the city of West New York, assumes no responsibility or guilt in this matter.

The settlement in this case is a sign of the increasing seriousness of sexual harassment suits. Further, it highlights the necessity of employees complaining about any treatment that they feel to be unfair.

Check out the NY Post's article on an employee who was apparently terminated for showing co-workers her sports bra behind closed doors:

NY Post: Condé Nast boob-job exec is gone in a flash

In an important ruling in New Jersey's appellate court, a decision today ordered that protection against sexual harassment exists not only between employees and employers, but also between business owners and clients as well.

The case at issue involved a female employee of a tire distributor and a client of hers who had purchased tires in the past. When the female employee rebuffed the client's sexual advances, the client pulled all of his business away.

This sets a new precedent in examining sexual harassment and quid pro quo retaliation in an expanded business field. This is good news for employees who have dealt with clients, and met with sexual harassment in the course of their employment, while not necessarily being employed alongside the harasser.

No individual should choose between their career success and sexual advances, or worry about the repercussions of reporting sexual harassment. We hope to see this precedent expanded, and used by more states courts.

A yoga chain promising that it will help clients balance their lives is now finding themselves accused of working to destroy the lives of a number of employees according to a lawsuit filed recently. Dahn Yoga, a nationwide chain of Yoga Studios, is accused of cult like behavior, with employees coming forward saying they were brainwashed and indoctrinated into the business shady practices.

In particular, the plaintiffs in this suit claim that they were coerced into taking out student loans, and handing over the money to representatives of Dahn Yoga. Further, employees were subjected to severe physical exertion and marathon sessions, where employees were writhing in pain and vomiting, all in the name of self-improvement and understanding.

Follow CNN's investigation into these claims here: Lawsuit calls yoga chain a cult

A Midtown Restaurant known for its hokey take on dining is preparing to settle a class action lawsuit brought by eleven employees, claiming wage and hour violations. The restaurant, Jekyll and Hyde, admits no wrong doing in the settlement, but is set to pay out nearly $750,000 to the plaintiffs, with more plaintiff's opting in to the settlement.

The suit is proof of President Obama's pledge to increase the number of investigators working for the Department of Labor, who investigate claims of Fair Labor Standards Violations. Previously, Obama has stated that he will hire a number of new investigators to research these violations, putting employers on notice to comply with these labor laws.

See the full article on Grub Street here- Jekyll & Hyde's Dark Side: Tourist Trap Prepares to Settle for $745,000

The EEOC has filed a lawsuit against a New York City restaurant, Sparks Steakhouse. The complaint alleges that managers routinely harassed and denigrated other male employees, grabbing and fondling them while working their shifts. As well, the employees claim that manager made repeated lewd comments about them while working.

Employees who complained were often given less desirable shifts, and were eventually terminated for bringing the allegations to light. The EEOC, suing on behalf of the employees, is taking an increasingly firm stand on male on male sexual harassment in the workplace. It highlights the trend that more men are coming forward when being harassed, overcoming misconceptions that only females can be harassed.

The EEOC is right to follow up on these accusations, and will hopefully shed more light on this practice.