New York Employment Attorneys Blog

Sexual harassment in college and university settings has long been a problem, but only recently has drawn national attention. Two key recent scandals at Pennsylvania State University and Syracuse University are the cause of this new attention, and also growing concern.

It was a shock to hear that, after decades of cited sexual abuse and molestation, the assistant coach of Pennsylvania State University's successful football team was finally indicted and investigated. The investigations, while still ongoing, have revealed shocking patterns of university cover ups. How could that many years of abuse and harassment be brushed under the rug?

However, this type of sexual abuse and harassment is widespread, from single victim cases to ones involved multiple victims. Recently, Syracuse University faced a similar situation with their associate head coach of the men's basketball team, Bernie Fine. Despite abuse dating back to 1884, and various reports made to the administration during that time, Mr. Fine did not suffer any adverse employment actions until his termination last week. The termination arose because a third potential victim came forward and an incriminating voice recording of Mr. Fine's wife speaking to a victim of Mr. Fine's abuse.

Do you feel you have been subjected to sexual abuse or harassment in your university or college setting? Has the administration not dealt with your claim fairly, or at all? Contact The Harman Firm today.

The New York City Council appears ready this week to reinitiate debate over a proposed law, called the Fair Wages for New Yorkers Act, that would establish a minimum wage of $10 per hour with benefits for those employees working on city government subsidized development projects. The City Council's last hearing on this matter was in May. The proposed law would apply only to those companies receiving more than $1 million annually in city subsidies, and also would exempt those businesses generating less than $5 million in revenue a year.

Mayor Bloomberg opposes the proposed measure. He contends that it would lead to job losses as businesses subject to the act, which would boost the current minimum wage up from of $7.25, steered clear of the five boroughs. City Council Speaker Christine Quinn, who will decide whether the proposal will be voted on, has not taken a position. The proposed Act is widely supported by labor unions.

The Fair Wages for New Yorkers Act also would, if passed, require that employees who do not receive health insurance from their employer receive an additional $1.50 per hour wage supplement to help them purchase their own health insurance

NBA players filed an anti-trust lawsuit in the Northern District of California on Tuesday in an attempt force talks with the team owners. The suit seeks monetary damages for lost wages and an end to an "illegal boycott of the work force."

The N.B.P.A (National Basketball Player's Association) is collaborating in the suit, naming Carmello Anthony and Chauncey Billups (New York Knicks), Kevin Durant (Oklahoma City Thunder), Leon Power (free agent) and Kawhi Leonard (San Antonio Spurs) as lead plaintiffs.

Now that the collective bargaining agreement has fallen apart and the union disbanned, more lawsuits are expected to be filed. One such suit, also filed on Tuesday, is asking for monetary damages and a permanent injunction on behalf of Caron Butler (free agent), Ben Gordon (Detroit Pistons), Anthony Tolliver (Minnesota Timberwolves), and Derrick Williams (Minnesota Timberwolves draft pick). Another suit is expected on behalf of the rookies.

Tuesday coincided with the players' first missed paychecks; which amounted to more than $170 million for the league. David Boise, attorney for the California suit, said that the Commissioner's ultimatum regarding league's proposal last Thursday "turned out to be a mistake." The monetary damages under antitrust law are triple, which may prove to be incentive for owners to head back into negotiations. However, in an interview with ESPN on Monday, NBA Commissioner David Stern said because there is no union, he is unsure with whom they would be negotiating and "we won't be doing anything soon."

MF Global Holdings Ltd., parent of the bankrupt broker-dealer MF Global Inc., is being sued after firing 1,066 employees last week. The suit was brought on behalf of former employees who are seeking 60 days' wages and benefits for allegedly being fired without cause.

The Worker Adjustment and Retraining Notification Act requires employees to get 60 days advanced written notice of firing which, according to the filing in Manhattan bankruptcy court, they did not receive.

A spokesperson for Giddens, the trustee appointed to liquidate the broker-dealer, said that Giddens "acted appropriately in connection with the termination of employees as part of the court-mandated liquidation and wind-down of MF Global Inc."

MG Global Holdings, Ltd. filed Chapter 11 bankruptcy on October 31 after bets made on European sovereign debt did not pay off. The same day the Securities Investor Protection Corp sued MF Global Inc. to put it in liquidation (In re MF Global Inc., 11-ap-2790, U.S. Bankruptcy Court, Southern District of New York).

The 405 freeway is infamous for being one of California's largest and most congested freeways. Even if you've just visited Southern California, you've probably heard of this nightmare of a freeway.

Now the 405 is becoming known for more than just its constant congestion and its around-the-clock rush hour conditions. Recently, after receiving tips from a whistleblower, investigations into Caltrans' bridge safety began revealing falsified reports and potentially dangerous conditions. These potentially dangerous conditions arise out of inadequate safety tests, in which tests were fabricated and improper tools were used.

Are you aware of safety violations in your workplace? Have you complained about those safety violations and been retaliated against? Contact an attorney today.

Federal North Carolina Judge Malcolm J. Howard, granted a class certification and collective action for workers in Smithfield Packing Co. Inc. Workers allege that they were not paid for required activities performed either before, during or after their regular work shift.

Originally three separate plaintiffs brought suit against the bacon processing plant and U.S. Magistrate Judge Gates recommended that the cases had met the requisite elements to certify the plaintiffs for a class action. The class action would be open to all current and former hourly employees employed since 2007.

Workers allege that donning and doffing of protective gear and walking to their work stations both before and after their shifts and during lunch beaks were qualified job activities and should warrant compensation for the time spent doing these activities. The Plaintiffs state that they received no compensation as their compensation began when they were scheduled to start work, not when they commenced these required activities.

The Judge granted the class action certification because the employees eligible to opt into the suit only differed in locations where they worked and their start and end dates of employment.

Are you not being compensated for tasks required of your in your employment? Contact an attorney today.

Sexual harassment occurs in almost all industries. More recently, Penn State has been in the news for allegations that their head coach did not report to police allegations of sexual abuse against minor boys. An eyewitness to sexual abuse reported it to Head Coach Joe Paterno who instructed the eyewitness to the athletic director rather then police. The New York Times reports that "a grand jury said that Spanier, the university president since 1995, was made aware of a report of an incident involving Sandusky." The incident referenced occurred in 2002 and since that time the university has not reported the allegation to the police and no administrative measures have been taken to investigate the incident further.

Whether its sexual harassment, claims of discrimination or mistreatment, universities tend to exercise a hush-hush policy, which keeps law enforcement out. Without such policies, maybe there would be a much clearer picture as to how much more pervasive sexual harassment is than the average person thinks.

The current story concerning coach Joe Paterno has made national headlines and also caused an uproar from supporting Penn State students who did not wish for Paterno to be fired. This case has just come to light and it is quite certain that even more details will be revealed in the time to come to indicate further abuse of power by large corporations such as universities.

In 2009, a group of nurses filed an anonymous complaint with the Medical Board against Dr. Rolando G. Arafiles, Jr, alleging official misconduct. The complaint alleged that Dr. Arafiles used herbal remedies and tried to use hospital supplies to perform at-home procedures. The Texas sheriffs office and prosecutors then investigated the nurses who filed the complaint and charged them with felonies.

Dr. Arafiles retaliated against the two nurses for reporting him. On November 7, 2011, the doctor plead guilty to retaliating against the two nurses and for misuse of official information.

As part of his plea arrangement, Dr. Arafiles will surrender his medical license, serve two months in jail and be on probation for five years. Due to national outrage from nursing associations around the country, the Sheriff and prosecutor who improperly investigated, these whistle-blowers, are now being charged with felonies as well.

Sharon Bialek is the first woman to come forward publicly with allegations of sexual harassment against Herman Cain. On November 7, 2011, she came forward to say that Mr. Cain made unwanted and rough physical advances on her 14 years ago when she sought his assistance in getting employment.

Ms. Bialek is now the forth woman known to have made accusations of sexual harassment against Mr. Cain. Cain's representatives have denied the accusations made by Ms. Bialek. During a press conference, Ms. Bialek detailed her encounter with Mr. Cain.

She described that Mr. Cain "ran his hand up her skirt, reached for her genitals and pulled her head towards his crotch." When Ms. Bialek objected and referenced to the fact that she had a boyfriend and stated" What are you doing?...this isn't what I came here for." Mr. Cain's response was "You want a job, right?"

Cain's camp released the following statement: "the allegations were coming from a woman with a long history of severe financial difficulties, including personal bankruptcy, [and that] there is no record, nor even a complaint filed on the alleged incident."

While many claims of sexual harassment go unrecorded and don't make it into a court case, it seems odd that Cain's camp would make such a public statement attacking the character of Ms. Bialek and not referencing the particular incident. Cain's representative's even go as far as to attack Ms. Bialek's choice of lawyer, as she is being represented by Gloria Allred who is known for representing various women in huge scandal cases.

According to a new study released recently by the American Association of University Women (AAUW), nearly half of students in a national sample of students in grades 7 through 12 reported that they had been subjected to some form of sexual harassment in the 2010/2011 school year.

The report titled Crossing the Line: Sexual Harassment at School stated that only a fraction of incidents are reported to adults. Most of the students who said they have been harassed further stated that it had a negative impact on their lives.

The study also found that girls are more often subjected to sexual harassment and that the Internet is a common medium for such acts. Moreover, eighteen percent of both girls and boys report being called gay or lesbian in a negative way.

According to the Washington Post, harassed students reported they experienced one of the following behaviors: jokes, gestures, being called gay in a negative way, being touched in an unwelcome sexual way, being shown sexual pictures that they did not want to see, etc.

Finally, the report makes some recommendations to the school system to improve students' protection against sexual harassment. The authors recommend that all schools create a policy against sexual harassment and enforce it. They also state that staff should be properly trained to know how to help students who they see being harassed and that students should be educated about what sexual harassment is and how to respond to it if they're victims or witnesses of such acts.

The report was based on a nationally representative sample of 1,965 students in 7th through 12th grades who were surveyed in May and June of this year.

A Washington DC federal judge has granted final approval for a $1.25 billion settlement by the U.S. Department of Agriculture for a group of black farmers who alleged racial discrimination. This case is an outgrowth of the Pigford case of 1999, named after the lead Plaintiff, a black farmer from North Carolina. Congress included $100 million for the claims in the 2008 farm bill and approved $1.15 billion more last in November.

The 40,000 Plaintiffs in this class action allege that between 1981 and 1997, the Department of Agriculture ignored their complaints about local officials who denied them loans and other aid.

According to the New York Times, these claims will be processed through a court-appointed neutral party who will hopefully reach a final agreement shortly. This is expected to take a year, and Judge Paul L. Friedman who ok'd the settlement agreement, expects to award fees of $50.3 to $90.8 million among the class lawyers.

President Obama praised this settlement deal and called it "another important step forward in addressing an unfortunate chapter in (the United States Department of Agriculture)'s civil rights history."

Presidential Candidate, Herman Cain, has run into a huge obstacle in his campaign trail. The issue is his inconsistency with regards to two harassment suits filed against him in the past. When the story first broke, Cain denied any knowledge or any involvement in two former employees harassment claims and eventual settlements.

In an appearance on Fox News, Cain said that he had been "falsely accused" of sexual harassment and was unaware of financial settlements with any accusers. He then repeated similar remarks to the National Press Club. "In all of my over 40 years of business experience," Cain said at the Press Club, "I have never sexually harassed anyone."


But by the end of the day, Cain had changed his responses to the questioning councerning the harassment suits. He began telling news outlets that there had been cash payouts to a woman who accused him "falsely" of harassment. He stated that a former employee had filed a formal sexual harassment complaint, which resulted in a settlement but that he didn't remember signing any settlement and it may have been handled by his Human Resources department. He then proceeded to give further insight, seemingly knowing much more information than he initially stated. He stated that the former employee "settled the harassment claim for a sum of money equivalent to 'maybe three months salary.'"

The New York Times states that the incidents "include 'conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature.'"

Cain's sudden confirmation of a settlement clashed with his earlier comments denying any awareness of a financial agreement with one or more accusers. This inconsistency will certainly hurt his campaign. "Republican strategists privately speculated Monday that Cain's campaign could suffer grievous damage if one or both women come forward with new details about the allegations against Cain and put a human face on the other side of the story."

Mr. Cain's inconsistency and his statements making light of the matter: "I really know what it feels like to be No. 1[,]" implying that these allegations are coming to light because he is doing well in the campaigns, will make it difficult to just brush these serious harassment claims to the side.

In August 2011, the United States District Court for the Eastern District of New York ruled that four Caucasian flight engineers can pursue their employment discrimination claims in New York, against a Japanese air cargo carrier.

"In [the case of] Baker v. Nippon Cargo Airlines, 09-CV-3374 (RRM), four former flight engineers sued for discrimination, based on national origin, race, and age, when they were fired, while their younger, Japanese counterparts were offered new opportunities when Nippon Cargo Airlines changed its equipment."

The Court held that the case should remain under New York jurisdiction due to three of the Plaintiffs having a New York choice of law provision in their written employment agreements which preserves jurisdiction for any suits arising from the employment based on the agreement. While none of the Plaintiffs live in New York, their employment is based at the NCA hub at the John F. Kennedy International Airport located in Queens, New York.

In response to Defendants' objection to jurisdiction being held in New York, the Court states: "Surely, [D]efendants cannot be suggesting that [P]laintiffs' primary place of employment, where they 'spent most of their working hours' is in the air, and that therefore, there is no physical location that can serve as a proper forum for the litigation of plaintiffs' employment discrimination claims."

The Plaintiffs were flight engineers who had flown 747-Cargo planes for at least seven years prior to being terminated from employment. The Plaintiff's sue under federal, state and city anti-discrimination laws, including Title VII, ADEA, Sec. 1981, NYS & NYC Human Rights Law and will now be able to litigate this matter in New York Courts.