New York Employment Attorneys Blog

Two waitresses at the exclusive New York City bar The Boom Boom Room have filed a gender discrimination suit against their former employers after being terminated. The exclusive bar and lounge found at the top floor of The Standard Hotel in the swanky Meatpacking District reopened this past summer, when the two employees claim they were fired.

In the suit, the two waitresses claim that they were terminated since they did not conform to the typical body type of many of the waitresses there- tall, skinny and willowy. The two waitresses, whose lawyer claims they are 5 foot 4 inches and around 125 pounds, stated that despite excellent performance evaluations and no written warnings from their managers, they were abruptly fired for poor performance when the club reopened. Their suit states that following the renovations and reopening of the club, management decided to only keep on the employees that matched their specific look. Following their termination, they learned that all female cocktail waitresses were expected to conform to the bars "new look" policy.

The pair, who are both aspiring actresses, are suing for $1 million in damages against the Club and the Hotel, claiming that their termination was motivated by their height and gender. What do you think? Have you ever been discriminated against as a result of a condition or characteristic that you could not control?

The EEOC has announced that it has reached a 3.2 million dollar settlement with the Jewel-Osco chain of supermarkets and drug stores resulting from employee claims of violating the ADA. The EEOC had brought a suit on behalf of 110 employees, claiming that they were routinely terminated at the end of their approved ADA leave rather than welcomed back to their stores.

The suit claimed that Jewel-Osco would approve the disability leave for their employees. However, upon returning to work from their approved period, they would summarily fire any individual that was not able to work without restrictions. Jewel-Osco made no attempt, in violation of the ADA, to accommodate the disabilities of their workers and instead fired them.

Under the Americans With Disabilities Act, employers must provide time off for individuals that have disabilities to deal with treatment and recovery. Upon returning to work with a disability, be it permanent or temporary, it is the employers responsibility to accommodate the employee and their disability. For a grocery store chain to violate these laws, often against some of their lowest paid employees is an absolute travesty. We are glad the EEOC has taken decisive action and provided some relief to these abused employees

An Oswego County Grocery store has been hit with a lawsuit from the EEOC, claiming that Paul's Big M Grocery subjected female employees to a hostile work environment, sexual harassment and sexual discrimination. The EEOC claimed that the store's manager was responsible for many sexual derogatory comments aimed at the female store employees over the span of several years. Further, a number of criminal complaints were filed against the manager during this time, alleging sexual conduct such as touching and gropings, as well as exposing himself to the employees.

Following a trial, a Jury has awarded the ten plaintiffs 1.25 million dollar in connection with their complaints. Finding that the manager and his fiance did nothing to prevent or correct any of these complaints, the Jury found the store liable for the managers actions.

For ten people to come forward alleging the same sexual discrimination and harassment is striking. We are glad that the Jury found for this group of women, and hope it sends a strong message to managers and business owners that this type of behavior will not be tolerated.

An elderly woman has filed a lawsuit in Queens County Supreme Court, alleging that she was unfairly discriminated against because of her age. The employee, Ellen Strickland, had been working at the Queen's Home Depot store in South Ozone Park for over 19 years, fifteen years of which she was employed as the store's book and record keeper.

Strickland states that after she had purchased 24 cents worth of screws to use the store's cash-back policy, she was called into the boss' office. There, she was told that they had investigated her use of the policy, and decided to terminate on the spot after her long service.

The long term employee was stunned by the manager's move, as she had become a fixture of the store. Fellow employees called her "Mom", and often spent time with her outside of working hours. Even more shocking is that in days before her termination, Strickland had been honored by the store for outstanding customer service and had a flawless performance record.

Strickland hit back with a lawsuit against the company, alleging that the policy had been used by almost every employee and that no action was taken against any other cashier or employee that was younger than her. The Daily News reached out for a comment from the Home Depot, but the store or corporation has not responded to the requests.

Age discrimination has become a new reality for older employees, both in keeping their jobs and looking for new work. While the effects of the recession have seem to have eased hiring, cases like Ms. Strickland's demonstrate the continued pervasiveness of these policies. Read up more on age discrimination over at our site, and let us know if you think you've been a victim of discriminatory policies at your job.

A video has been circulating the web the last few days, depicting security camera footage of a woman texting while walking in a mall. While moving forward, Cathy Marrero tripped over a wall in front of a fountain and plunged in. While embarrassing, Marrero was shocked when footage of the incident was leaked by security guards to the Internet, creating a YouTube video that has been viewed millions of times around the world.

Now, Marreo has hired an attorney to see if she can pursue a lawsuit against the mall for posting video of the incident. Representatives from the mall have fired the security guard responsible already, and Marreo herself has said that there were no significant injuries from the incident.

What do you think of the video below? How would you react if a video of you at work went viral? Let us know.

The New York State Department Of Labor is reporting that in 2010, nearly 26.6 million dollars was returned to workers for unpaid overtime and other wage violations, the second highest amount in the Department's history.

This record sum given back to workers is indicative of the current workplace, with employers trying to cut corners at the workers' expense, failing to pay legally required overtime, withholding wages or by illegally deducting money out of paychecks.
Last year, we saw a number of businesses failing to adhere to the law, many of which were in the service industry. Saigon Grill, a Manhattan restaurant chain, entered into a massive million-dollar settlement with delivery workers and restaurant staff. Dozens of other area restaurants were sued by employees claiming that they were not paid the proper minimum wage, or that the restaurants had often misappropriated tips meant for servers and not management.

New York State has thankfully taken steps to strengthen laws against wage theft by introducing the Wage Theft Prevention Act. The act, signed into law by outgoing Governor David Paterson, goes into effect on April 12, 2011 and will strengthen the rights of workers' against illegal deductions and paid overtime. The act creates significantly higher penalties for employers in the state, and increases the period in which an employer is liable. The act also requires employers to keep detailed records on tips and overtime accounting, further heightening employer accountability.

If your employer has failed to pay overtime, or has been withholding wages, contact us today to evaluate your rights.

A 60 year old woman employed as a cocktail waitress in Texas has successfully sued her former employer for age discrimination. The waitress, Mary Bassi, brought her suit after being terminated at age 56.

Leading up to her termination, Bassi was subjected to a number of comments directed at her age such as a manager asking how her Alzheimer's was going, and how she was dealing with menopause.

In 2006, the management on duty at the club also began hiring younger waitresses in the months leading up to Bassi's termination, and giving them Bassi's shifts. This led to complaints from Bassi who was eventually terminated from this position, despite never having any complaints against her and a clean work history.

Bassi was represented by the EEOC, who brought the case on her behalf and led to a $60,000 settlement against the club. Age discrimination suits in adult entertainment has become a new battlefield in employment law, with complaints up significantly in recent years. While these establishments likely want younger employees, they cannot violate the ADEA act. . Read more on Age Discrimination in employment on our site here.

After Congress passed the Genetic Non-Discrimination Act in 2008, the EEOC has released its final guidelines for complying with the law in the workplace. Under the new law, employers are forbidden from making any employment decisions based on information garnered form an employees genetic history or makeup.

Specifically, the new guidelines state that employers are prohibited from:

-Using genetic information in making employment decisions;
-Requesting, requiring or purchasing genetic information;
-Harassing a person because of his or her genetic information;
-Firing, demoting, harassing or otherwise retaliating against an applicant or
employee for filing a charge of discrimination, participating in a discrimination
proceeding or otherwise opposing discrimination.

While the field of genetic testing is relatively new and in its infancy, genetic testing will likely become an important step in diagnosing and preventing certain conditions. For instance, a genetic test could reveal that a person has a certain condition that is likely to develop later on in life. This condition could potentially cause their employer lost time or money and the employee could be terminated before the condition became a problem.

Making sure that this information is safe and protected works to reinforce the rights of all Americans, and makes sure that no employee is unfairly treated as a result of what these tests may reveal. Read more on the Genetic Non-Discrimination Guidelines at the EEOC's site on rules and compliance.

A pair of trainers at the David Barton Gym in Chelsea, New York have filed a lawsuit alleging that they were discriminated against repeatedly for being lesbians. The pair, a personal trainer and a pilates instructor, reportedly were on the receiving end of numerous comments and harassing actions by their superiors.

One of plaintiffs stated that she was continually called derogatory slurs and that her direct manager saved her name in his phone as "Dyke". The two also claim that other trainers would proposition them for sex, and tell them that they should go vacation on the island of Lesbos.

The pair complained about their harassment by superiors and managers at the gym. The gym, rather than responding to the allegations, terminated the two employees on December 2nd stating that they were terminated for training non-members. The pair stated that other straight trainers were doing the same, and were not even reprimanded for their behavior.

The gym was founded in Chelsea in 1994 and is generally considered a gay-friendly gym, making these allegations all the more troubling. A non-related lawsuit was filed by a member in 2005 claiming that he was repeatedly hit on by gay members at the gym and was sexually harassed by employees and members.

We've seen a dramatic rise in anti-gay employment discrimination coming to light. This is not to say this behavior is new or demonstrates a new attitude, rather that it's likely that more and more individuals are comfortable with coming forward with these claims and standing up for their rights. If you feel you've been discriminated against because of your sexual identity, contact us today to evaluate your rights.

The guardians of Justice in New York State, the thousand plus Judges that work in New York State Court have been without a raise for over twelve years. Signaling growing unease with no raises within this time period, some Judges have signaled support to organize a union-like group representing Judges.

This group, which is quite unique, would be able to negotiate for better wages for Judges and help settle other conditions of employment amongst the Judges in New York State, much like labor unions negotiate for their organized members. This extraordinary move from a group that rarely makes such bold action, is a sign of the growing frustration of Judges in the State. Judges are dealing with increased caseloads and greater pressure, without any raise in pay or benefits in the last decade.

However, this move has attracted quite a bit of attention for a normally conservative group. The New York Times has looked into many Judges who have been discussing this organizing drive, and have found that while it would function as a union in regard to Judges' wages and benefits, it would not likely result in a slowdown or strike of Judicial work. The organizing is further complicated by the fact that some Judges are appointed, while some are elected, exerting pressure on certain Judges on both sides. In any event, this development is incredibly interesting and we will continue to follow these judicial organizing efforts.

A number of FBI Agents have sued their employer alleging a policy of age discrimination. The policy in question is the FBI's procedure for dealing with squad supervisors, who are only allowed to hold their position for five years, before having to be transferred to Washington D.C., receive a promotion, take a demotion to retain in the office, or retire.

The lawsuit claims that this "up or out" policy unfairly affects employees over 40 within the FBI, as most squad supervisors are over this age upon entering the position. While designed to decrease bottlenecks in hiring within FBI management, and to allow for younger agents to advance, it seems that this policy has had a disparate impact on workers over 40. Under the ADEA, it is illegal to make employment decisions based on age, or those that would have a disparate impact on older employees.

The implications of the "up or out" policy are that many FBI workers at age 40 or higher are forced to make difficult decisions, such as whether to take a substantial pay cut and demotion at such a stage in their career, or uproot and move to Washington, D.C. if they are unable to find a suitable promotion.

It's startling to see a Federal employer enforce a policy which is clearly having a disparate impact on employees over 40, in violation of Federal law. Read up on your rights under Age Discrimination law and what you can do to fight it here.

A lawsuit between a group of security guards at Madison Square Garden Arena has been settled for over $1.3 million dollars. The lawsuit was brought by four security guards on behalf of the class of workers, alleging that their employer illegally failed to pay them overtime wages as owed under New York State and Federal law.

The lawyer representing the security guards states that many of these employees had to work over 12-hour shifts, moving from one event from another within a day, and were routinely expected to work over 60-hours a week without any overtime compensation.

The settlement will be split between the lead plaintiffs, and the representative class of over 300 security guards with claims for overtime, with individual settlements based on an individual's claim for hours and back pays.

It is truly disappointing to see New York area businesses continue to disregard both State and Federal law when it comes to paying employees fairly for their labor, especially when those employees are routinely working in excess of 40 hours. If employees are to work these long weeks, they should be fairly compensated, especially in the midst of this economic recovery where families are cutting back like never before.

If you're owed unpaid wages, or believe that you are owed overtime and do not currently receive it, contact us today. We can help evaluate your rights and get you the money that you are owed.

In a year marked by a dramatic increase in complaints about illegal employment practices in the restaurant industry, the Saigon Grill on the Upper West Side has been one of the most vivid examples of such behavior. Last year, the owners of the restaurant were found guilty of deliberately paying workers less than $2 an hour, and withholding tips and other compensation from workers. The Judge ordered a $4.6 million dollar verdict, as well as issuing a 90 day sentence for the owner, Mr. Nget for a variety of fraud and record keeping violations.

Now workers have filed a new lawsuit against the new owners, claiming that while management may have changed hands, the same discriminatory policies are in effect. The New York Times has turned its attention to the workers fired for complaining about these policies. They found that many workers have come forward alleging they were terminated because they were too old, had their schedules manipulated after complaining and had wages and tips withheld illegally.

The suit had been filed by the 318 Restaurant Workers Union on behalf of former and current employees affected by the new owners behavior. The Union has also organized vocal protests in front of the store on the otherwise quiet neighborhood of the Upper West Side, causing many to question their patronage. As well, a website has been set up urging a boycott of the Saigon Grill.

As the restaurant industry comes under greater scrutiny for enforcing the law, coupled with the implementation of New York's new law regarding minimum wage and tipping, we urge all restaurant workers to examine the policies of their employer. If you believe your employer is violating the law, contact us today to evaluate your rights.

Two former massage therapists for the playoff-bound Jets have sued their former employers, claiming that they were terminated after complaining about lewd texts from star quarterback Bret Favre. The therapists, Christina Scavo and Shannon O'Toole claim they were sent texts from Favre where he requested sex from the two.

Scavo showed the texts to her husband, who reacted towards Favre angrily, prompting further outbursts from him. Scavo claims that when she reported the texts to the Jets, she was no longer asked to come back to provide any massage services to the team. O'Toole, who is friends with Scavo, claims that she was terminated since Scavo had gotten the job for her.

The Jets have been no strangers to controversy this season, with reporter Jenn Sterger claiming that Brett Favre inappropriately texted her, while reporter Ines Sainz came forward with allegations that the Jets' locker room was a wild den, and was sexually harassed and cat-called in the presence of the team.

The incident raises many issues with what constitutes sexual harassment in the age of mobile technology. As we've reported before, the definition of sexual harassment is any unwanted comments, gestures or remarks based on an individuals sex and extends to text message harassment. Read more on sexual harassment and what you can do about it on our website.

Using his year end review, Chief Justice Roberts has expressed his anger with the Senate's delay in approving the dozens of judicial appointments. The failure to pass the judicial nominations along to President Obama has resulted in excessive caseloads in Federal courts throughout the country, and a backlog in the judicial system.

In what is normally an apolitical statement, the conservative justice lashed out at the delay. Justice Roberts has tried to paint both parties as obstructionists, while in fact the problem lies on the shoulders of Senate Republicans intent on delaying any Obama nominations.

Since August, Republicans have allowed action on a single judicial nominee. Republicans have also failed to let their objections to particular nominees known, making it even more difficult for any positive movement on their nominations. Over the last two years, only sixty Judges in District and Circuit Courts have been confirmed, the lowest for any two year period in history.

We at the Harman Firm believe that this political game is unfairly affecting Americans and their right to a fair and speedy trial as laid out in the Constitution. The backlog created by Republican obstructionism is unfair to those trying to have their case heard fairly. We urge that both parties work together to resolve these delays, and further protect the rights of all Americans.

The New Year has already brought a number of changes for tipped workers in New York State, with new laws regarding the spreading of tips amongst workers. The law attempts to clarify how to deal with tips, replacing a patchwork of policies used by employers, many often in violation of wage and labor law.

The laws, issued two weeks ago and in effect as of January 1st, attempt to make sense of policies regarding tips and better protect tipped employees pay. Businesses have until February 1st to become compliant and develop policies in line with these new laws, but all changes must be retroactive to January 1st.

Among the changes is an increase in the mandatory minimum wage paid to tipped workers in food service, up to $5 from $4.65. This includes servers, bartenders, bussers and other front of house restaurant staff. Other service workers in the hospitality industry like hotel workers will now receive a minimum wage of $5.65, up from the previous $4.90.

Under the new laws, managers and restaurant owners are responsible for setting up the system under which tips are handled. For example, a restaurant can now pool tips under a system which splits tips based on percentages, or that an individual server can keep tips and give shares to supporting team members. Restaurants will be required to maintain records of how these tips are shared, and have an established and clear policy on how they are handled. Employers are liable for damages for the previous six years.

While the restaurants are able to set their own rules, tip pooling is limited to the workers on the main floor of the restaurant-- servers, bussers, sommeliers etc., and not management, owners and other employees that do not interact with the customers in such a way.

Given the six year period, restaurants should pay careful attention to these new regulations to ensure compliance. For employees working under these new laws, make sure that your employer has a consistent policy and is in compliance with these new laws. If you believe your employer is or has illegally misappropriated tips, call us today for a free consultation on your rights.