New York Employment Attorneys Blog

A Judge has given the go-ahead for a huge class action lawsuit against the retail giant. The suit, which alleges a pattern of gender discrimination by Wal-Mart, has the potential to affect over 1 million female Wal-Mart employees.

The suit alleges that female employees have been paid significantly less wages in comparison to men hired by Wal-Mart since 1998. The suit had be certified a class action by a Trial Judge in 2004, and had been appealed up to the 9th Circuit, where this decision to move forward had been made.

This suit has the potential to be the largest gender discrimination class action brought in the country. Wal-Mart could potentially be liable for huge sums of damages, and even more if the attorney's for the plaintiff's can demonstrate that Wal-Mart knowingly paid females less, which could lead to the awarding of punitive damages.

Wal-Mart, who is the nations largest retailer, is no stranger to these types of suits and has often come under fire for their employment practices. Of note, Wal-Mart is currently making plans to move into New York City, where their vehement anti-union stand will be challenged by local groups.

A lawsuit has been filed by the US Attorney's Office in the Southern District of New York against a pervy superintendent. The super, William Barnason, is convicted sex offender who had spent 14 years in prison in connection with molestation and rape, and had been working at the three buildings on the Upper West Side for some time.

The charges comes against Barnason after numerous tenants coming forward to say that Barnason had made inappropriate comments, and attempted to touch a number of the individuals. Further, Barnason would come to individual's apartments drunk, and try to force himself in. When residents rebuffed him, he would refuse to make necessary repairs or withhold mail from them.

According to the suit, the building's owner was also aware of Mr. Barnason's behavior, but failed to take any action against him and kept him on the job.

These charges are incredible, considering Mr. Barnason's past, and for an owner to knowingly allow him near families and children is quite shocking.

A group of Firefighters who brought a suite alleging age discrimination have settled their claims against three Long Island villages, and the Bayville Fire Department.

The group's suit, which was brought on their behalf by the EEOC, claimed that they were unfairly discriminated against in that any firefighter over the age of 65 was not entitled to accrue any credits into their retirement funds past 65.

The EEOC argued that this was discriminatory, in that they were doing much of the same work as younger employees, but for some reason barred from receiving credit towards their retirement.

The parties settled for around $200,000, as well as a guarantee that their pension plans would be compensated for time that had not accrued because of their age.

Following testimony from Mrs. Samarco, her fellow employees, and even psychologists as expert witnesses, the Jury found that Mrs. Samarco was not subjected to the level of sexual harassment that she had claimed, and that she should not be awarded any damages stemming from her suit.

Much of Mrs. Samarco's testimony was undermined by other employees, who say many of the incidents had never occurred, and that a nickname she claimed was used against her was actually referring to another individual.

The Supreme Court has taken up an interesting case out of California, which centers on the ability of an employer to monitor text messages sent from devices provided by the employer. In this case, a Police officer was found to have sent sexually explicit texts from his hand held device to another individual.

The devices were provided to the individuals in the course of their duty as SWAT officers in California, Ontario. Personal use was allowed, with the caveat that it should not be excessive use, and that they should acknowledge that they have no right of privacy.

As well, the policy provided for a certain number of messages each month. Any amounts of that limit would have to be paid for by the employee, and through an informal policy, those users who paid for the overages would not have their messages inspected.

The question hinges on whether the officer had a reasonable expectation of privacy given the informal policy, or does the right of an employer to manager their given devices trump the privacy concerns of the officers. The employees in this case are public, government employees, and preform emergency services in their communities.

While the eventual ruling may have a narrow implication, we will keep you updated on the coming decision

A former assistant to Steven Segal has accused the action star of hiring her to act as his personal escort, as well as claiming that Segal is guilty of sex trafficking.

Segal, who has stared in numerous action movies throughout his career, is claimed to have forced himself on his assistant, groped her and requiring her to massage him among other claims. Lawyers for his assistant claim that five other women have come forward with similar claims.

Segal has suspended the filming of his reality show in New Orleans, and has denied all the claims made. So far no lawsuit has been filed, but with more individuals coming forward, its very likely this is not the last you will hear of these claims.

A New York City Police Detective has been accused of sexual harassment by a female who reported to him, as well as having sent a number of "Twilight" themed texts in an attempt to ask for her forgiveness.

In a bizarre series of accusations, the female cop has claimed that the Detective made sexual gestures towards her, including giving her a massage when she had a herniated disc, causing her both terrible pain and fear. Further, the Detective had apparently invited her to throw things at her to make up for his unwanted advances.

After she complained about his behavior, he began sending text messages relating to the teen novels about vampires and werewolfs, apparently trying to get her to forgive him.

The individual plans to sue the officer later this week.

During the Supreme Court's coming session, it will hear a case that could potentially inform and influence the way in which an employment decision is viewed. The case, Straub v. Proctor Hospital, centers on an Army Reservists claim that he was terminated as a result of his military service and status.

According to a lower court's decision, Straub was terminated following fifteen years of service, and that a superior to him had held strongly anti-military views. However, the individual who carried out the termination was a different individual, and did not hold such views.

The Supreme Court case will decide the extent to which an individuals discriminatory belief and conducts informs a management decision to terminate an employee, and the degree to which the persons conduct informs the individual actually tasked with doing the firing or other adverse employment decision.

This could have huge ramifications, in that the beliefs of superiors who did not actually carry out any termination, but may have authorized them will come into question in determining some discrimination suits.

A local reporter for NY 1, Adele Samarco, has come forward with startling
allegations of sexual harassment and retaliation. Samarco alleges that
during her tenure as the first criminal justice reporter for the station,
she encountered an "old boys" culture that permitted an atmosphere
conducive to sexual comments and actions, directed at her as she was a
woman. She claims that when a technician had to fix her zipper on set,
the production crew turned it into a video circulated internally, complete
with a typical porn soundtrack.

Further, she claims that her complaints to the station went unheeded, and
allowed for these actions to continue against her. Samarco alleges the
conduct has driven her away from the station, and has greatly impacted her
ability to find similar work.

Her trial is continuing through this week, and we will keep you updated as
it progresses.

In anticipation of the passing of the Employee Non-Discrimination Act, which prohibits public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation, the Religious Right and other Conservative groups have begun the fight against the initiative. In mailings recently sent out by Family Research Counsel, the group has claimed that it is a liberal initiative designed to strip Christians of their rights, and force them to hire transgendered individuals, transvestites and homosexuals.

Such hysteria is not surprising, but rather ridiculous given the scope of the EDNA. Their post found here tries to whip followers in line, saying the law will force a Christian Bookstore to hire a transvestite, and that their religious schools will have to hire homosexual teachers, none of which are true. The post goes on to state that "Washington liberals virtually unlimited power to force every business with more than 15 employees to embrace immoral sexual behavior as normal and worthy of celebration". Well, at least we know where they stand.

However, this information is false, and fairly damaging towards bringing greater protections to all workers in America. The EDNA, without such insane exageration, is meant to:

* Extends federal employment discrimination protections currently provided based on race, religion, sex, national origin, age and disability to sexual orientation and gender identity
* Prohibits public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation
* Provides for the same procedures, and similar, but somewhat more limited, remedies as are permitted under Title VII and the Americans with Disabilities Act
* Applies to Congress and the federal government, as well as employees of state and local governments

The hysteria over this bill, while not surprising, is quite sad. We here at the Harman Firm look forward to its eventual passage, and will support the effort to strengthen the rights of workers.

I've decided to spend a post each week highlighting stories form across America about employees who are not terminated, or harassed, or bullied, but those that are recognized as having gone above and beyond the call of duty in their line of work.

This weeks winner is Assami Semde, pizza delivery man for Famiglia Pizza in Manhattan. While on a delivery, Mr. Semde was approached by two men who pulled a gun on him, demanding the pizzas. Mr. Semde, unfazed, dropped the pizzas. When the assailant bent down to pick them up, the 6'4" Burkina Faso native tackled the would be attacker, and disarmed the other.

Following the incident, Mr. Semde called police, and one of the two suspects were eventually caught and arrested. Most impressive is that after the police arrived, Mr. Semde completed his delivery with the assistance of police.

We at the Harman Firm suggest Mr. Semde find a new career, possibly as a caped crusader.

Nicolette Sheridan, one of the stars of ABC's "Desperate Housewives" has filed a lawsuit against a former producer of the show, Marc Cherry, claiming among other things, that he assaulted her while working on lines. The suit claims that Mr. Cherry hit Sheridan in the face and head after she had a question regarding a line during a taping.

Further, the star claims that following the incident, she complained up the ABC hierarchy, only to be stonewalled at every turn. Eventually, Sheridan's character was killed off of the show, and was not rehired for future seasons.

These claims are interesting given the types of blood thirsty and power-hungry characters are portrayed on Desperate Housewives. In this case, it seems like this ridiculous behavior has migrated off the screen and on to the set of the show.

The rise of unpaid internships in the recession is not surprising given the lack of paying positions, and the ever increasing numbers of college students and graduates. However, new reports are calling a number of these internships into question, seeing if they violate labor laws regarding duties and pay.

M. Patricia Smith, New York's Labor Commissioner, started an investigation into the legality of many unpaid internships aimed at college aged individuals and to determine if there are violations of minimum wage laws.

Federal labor law proscribes a series of rules for internships, namely that the employer cannot replace a paid worker with an unpaid intern doing the materially same job, and the training cannot be the same as found in vocational programs. The internship programs are designed with the intent of enriching the employee, and not for the immediate benefit and increase of production associated with it for the employer.

Interns are rarely aware of these regulations, and those that are a fearful of raising their rights, fearing ostracism and blacklisting from future employment opportunities. However, it is these employees that are most vulnerable. Interns, regardless of the current economic climate, should be aware of their rights early on, as to not get taken advantage of further down the line in their future careers.

President Obama has taken the step of adding Chai Feldblum to the Equal Employment Opportunity Commission board, whose appointment was held up by a lone Republican in the Senate during the confirmation process.

The appointment, which allowed Obama to bypass the Senate confirmation hearings by placing her during a recess in the Senate, is great news for the EEOC. Ms. Feldblum, a law professor at Georgetown University, was instrumental in drafting the landmark Americans With Disabilities Act, which paved the way for greater inclusion and protection for individuals with disabilities.

We salute Ms. Feldblum, and hope she is a formative force on the EEOC, and will continue to support the rights of workers in America.