Stephen Hans Blog by cjleclaire
Employment and Labor Law Attorneys
Jan 16, 2013 | 259948 views | 0 0 comments | 416 416 recommendations | email to a friend | print | permalink

view as list
HOW TO PROTECT YOUR SMALL BUSINESS AGAINST SEXUAL HARASSMENT
by cjleclaire
Jan 18, 2018 | 9618 views | 0 0 comments | 390 390 recommendations | email to a friend | print | permalink

Q&A that Applies to Sexual Harassment in Small Business Environments

If you are a small business owner, you may wonder how to protect your small business from sexual harassment and resulting claims that put your business at risk.

Here are some questions and answers (Q&A) that are a good place to start when dealing with sexual harassment.

This Q&A relates to harassment by supervisors:

Who is considered a supervisor?

Any individual who has the authority to recommend tangible employment decisions affecting the employee is a supervisor. Tangible employment decisions include significant employment actions that change an employee’s status, such as:

  • Hiring
  • Firing
  • Promotion
  • Demotion
  • Work assignment
  • Undesirable reassignment
  • Significant benefits changes
  • Compensation decisions

When are employers liable for a supervisor’s sexual harassment?

Whenever a supervisor engages in harassment that results in a tangible employment action, the employers are always liable. When no tangible employment action occurs, employers are still liable unless they can show the following:

  • They took reasonable care to prevent and promptly correct sexual harassment.
  • The employee reasonably failed to complain to management or failed to otherwise avoid harm.

What steps should employers take to prevent and correct sexual harassment?

Employers need to establish policy that prohibits harassment, put it in writing and pass it out to all employers.

Employers should create procedures for making complaints and notify employees.

When a business is sufficiently small that the owner is regularly in contact with all employees, the employer does not have to put policies in writing. Employers can tell employees at staff meetings that harassment is not allowed, that employees should report harassment immediately and they can even report incidents of harassment directly to the owner.

The business should conduct a prompt investigation when harassment is reported.

When sexual harassment is discovered, the discipline for the offending employee should be comparable to the extent and type of harassment.

As much as possible, the employer should keep the harassed employee’s identity confidential. Otherwise, if the offender retaliates against the reporting employee, the company could be held liable for the retaliation.

(This Q&A applies to all types of harassment, not just sexual harassment and more information is available in the EEOC article, Questions and Answers for Small Employers on Employer Liability for Harassment by Supervisors ).

Are You Dealing with Sexual Harassment Issues in Your Business?

Stephen Hans & Associates can offer valuable legal assistance to help you protect your business. Our attorneys have more than 20 years of experience defending employers.

comments (0)
view/post comments
divya sharma
|
April 13, 2018
I have got lots of knowledge from this blog thank you keep it up.

mobile repairing course mobile repairing course in delhi

WHAT WOULD RAISING THE MINIMUM WAGE MEAN FOR THE RESTAURANT INDUSTRY?
by cjleclaire
Dec 29, 2017 | 12418 views | 0 0 comments | 342 342 recommendations | email to a friend | print | permalink

Most people assume that restaurant workers would be thrilled about a raise in the minimum wage, but that restaurant owners would not be in favor of it.

An interesting situation took place in Maine last summer that is worthy of note regarding minimum wages. According to The Washington Post , the Maine House voted to lower minimum wages for tipped restaurant workers based on the workers’ request. The bill to reduce their minimum wages passed and restaurant workers were happy about it.

Restaurant servers in Maine had campaigned to overturn the results of a November referendum that would’ve raised servers’ hourly wages from $3.75 in 2016 to $12 by 2024. They believed that such a raise would result in customers tipping less and consequently lower overall income.

In addition, servers in New York, Massachusetts and D.C. were also beginning to move politically against minimum wage increases for servers in their states.

restaurant minimum wage increase

The Explanation Behind Wanting a Low Minimum Wage

Restaurant labor models differ from most industries. When tipped workers’ wages fall below the minimum wage, the employer must pay the difference. However, whether restaurants actually adhere that requirement or not is rather uncertain. Servers who make most of their income in tips do not want to upset management or change what is working well for them.

Some servers believed that the added expenses of higher minimum wages for restaurant owners would result in raising prices and cutting work shifts, which would ultimately result in people tipping less, servers working less and lower incomes. Some workers stated that they witnessed customers tipping less after the referendum passed.

It’s also possible that a raise in minimum wage would balance out and offset reduced tipping by customers. Most likely, servers working in rural diners would have benefited from a minimum wage hike, but servers who stood the most to lose were those making $20 to $25 per hour and working at higher end restaurants. These were the workers that became politically activated to oppose the minimum wage raise.

Do You Have Concerns as a Restaurant Owner?

Stephen Hans & Associates has assisted employers for more than two decades with employment issues, including lawsuits involving wage and hour disputes.

comments (0)
view/post comments
divya sharma
|
April 11, 2018
I have got lots of knowledge from this blog thank you keep it up.

mobile repairing course mobile repairing course in delhi

Judge Roy Moore and the Sexual Allegations He Faces
by cjleclaire
Dec 18, 2017 | 10384 views | 0 0 comments | 199 199 recommendations | email to a friend | print | permalink

What could be more damning for a political career than allegations of sexual misconduct? In today’s media climate, sexual allegations are a powerful juggernaut to take down almost anyone’s political career. They are also a force to be reckoned with for company executives and other prominent figures.

Consequently, many companies and organizations are quick to cut ties with political figures or individuals in powerful positions who face credible sexual harassment allegations.

sexual harassment in the workplace

Details About the Sexual Allegations Brought Against Judge Moore

Recent allegations about Judge Moore indicate that back in the 1970s and early 1980s when he held the position of Assistant District Attorney, he was involved in sexual misconduct with young girls and one that was underage.

The Washington Post conducted an investigation and interviewed four women about alleged sexual misconduct on Moore’s part and posted its findings on November 9. At first, all the women were reluctant to discuss the matter. They did not know each other, but at the time of the alleged incidents they were between the ages of 14 and 18 and Moore was in his 30s.

Repercussions from the Media Exposure

According to a Fox News report, multiple republicans have requested that Moore step down from the December special election in Alabama, and the National Republic Senatorial Committee cut its fundraising ties with Moore.

White House press secretary Sarah Huckabee Sanders conveyed that the president does not plan to make an in-person appearance to support Moore. In addition, Vice President Pence indicated the allegations were disturbing and if true, it would disqualify anyone from serving in office.

Senator Mitch McConnell has stated he believes the allegations were true and asked Moore to step aside. Senator Cory Gardner has agreed and taken a further step by encouraging the Senate to “vote to expel” Moore if he wins the election. Another Senator who previously backed Moore, Senator Mike Lee of Utah has also withdrawn his endorsement.

Prevent Allegations of Sexual Harassment from Arising in Your Business

Employers dealing with harassment or discrimination issues should seek legal advice immediately. Stephen Hans & Associates  brings decades of experience to help business owners deal with sexual harassment and other discrimination issues.

comments (0)
view/post comments
shenyuhang
|
April 09, 2018
http://www.polooutletonlines.us.com

http://www.pandoraoutletonline.us.com

http://www.canadagoose-jacketsuk.org.uk

http://www.michaelkorsoutletonlineshopping.us.com

http://www.poloralphlaurenpolo.me.uk

http://www.nfljerseysstores.us.com

http://www.canadagooseoutletsonline.us.com

http://www.poloralphlaurenfactory.us.com

http://www.michaelkorsoutletfree.us.com

http://www.polooutletfactorystores.us.com

http://www.coachfactoryoutletofficials.us.com

http://www.coachfactoryoutletcoach.us.com

http://www.guccioutletinc.us.org

http://www.katespadeonlineoutlet.us.org

http://www.michaelkors-outletofficial.us.com

http://www.toryburchoutletco.us.com

http://www.ralphlaurenpolos.org.uk

http://www.giuseppezanottioutlet.us.com

http://www.coach-outletstore.eu.com

http://www.ralphlaurenpolosale.org.uk

http://www.ultraboosts.us.com

http://www.coachfactoryoutletstore.us.org

http://www.nfljerseyswholesalenike.us.com

http://www.ralph-laurenpolooutlet.us.com

http://www.mbtshoesoutlets.us.com

http://www.mcmoutlet.us.org

http://www.pandoraoutletco.us.com

http://www.michaelkorsoutlet-clearance.us

http://www.cheapjordansfor-sale.us.com

http://www.poloralphlauren-sale.us.com

http://www.nfljerseyswholesaler.us.com

http://www.michaelkorsoutletbrand.us.com

http://www.adidasnmd-r1.us.com

http://www.ralphlauren-polo.me.uk

http://www.uggs-outletstore.us.com

http://www.raybansunglassesfree.us.com

http://www.poloralphlaurenfactorystores.us.com

http://www.michaelkors-handbags.in.net

http://www.ralphlaurensale-clearance.co.uk

http://www.pandorajewelryfactory.us.com

http://www.pandoracharmsstore.us.com

http://www.canadagoosejacketsshop.us.com

http://www.adidasnmdr2.us.com

http://www.michaelkorsoutletonlinesite.us.com

http://www.nikeshoesoutlet.us.com

http://www.montblancpenss.com.co

http://www.pandoracharmsjewelry.com.co

http://www.adidasoutlet.us.org

http://www.pandorajewelryorg.us.com

http://www.michaelkorsclearanceoutlet.us.com

http://www.canadagooseoutlet-stores.name

http://www.pandorajewelryco.us.com

http://www.nfljerseyswholesaleonline.us.com

http://www.supremeoutlets.us.com

http://www.raybansunglassesformen.com.co

http://www.canadagoosejacketsofficial.ca

http://www.officialuggsoutlet.us.com

http://www.monclerjacketss.org.uk

http://www.michaelkorsoutletblackfriday.us.com

http://www.uggoutletclearances.us.com

http://www.airmax2017.us.org

http://www.poloralphlaurenshirt.us.com

http://www.cheapmlbjerseysforsale.us.com

http://www.truereligionjeansinc.us.com

http://www.nike-outletstore.us.com

http://www.christianlouboutinoutletofficial.us.com

http://www.mbtshoes-outlet.us.com

http://www.uggoutletstoreofficial.us.com

http://www.nikeoutlet.name

http://www.michaelkors-outlets.me.uk

http://www.nbajerseys-cheap.us.com

http://www.michaelkorsoutletwomen.us.com

http://www.michaelkorsoutlet-bags.us.com

http://www.pandoraoutletofficials.us.com

http://www.pandorajewelryofficials.us.com

http://www.canadagooseoutletshop.us.com

http://www.lacosteoutlet.us.org

http://www.michaelkorsoutletoffice.us.com

http://www.michael-korshandbags.name

http://www.katespadestoresoutlet.us.com

http://www.michaelkorsoutletonlinekors.us.com

http://www.nikeoutletnike.us.com

http://www.coachoutletonlinesofficial.us.com

http://www.pandoraoutletfactory.us.com

http://www.michaelkorsoutlets.co.uk

http://www.katespadeoutletsite.us.com

http://www.cheapjordansforsale.us.com

http://www.pandoraoutletcharms.us.com

http://www.christianlouboutin-uk.co.uk

http://www.pandoraoutletclearance.us.com

http://www.coachfactoryoutletsaleonlines.us.com

http://www.coachfactoryoutletss.us.org

http://www.rolex-replicawatches.us.org

http://www.pandoraoutletpandora.us.com

http://www.michaelkorsoutletclearancehandbags.us.com

http://www.cheapraybanssunglasses.com.co

http://www.polooutletshop.us.com

http://www.oakleysunglasseswholesaleca.us.com

http://www.pandorasoutlet.us.com

http://www.coachoutletonlineofficial.us.com

http://www.pandora-charmsuk.org.uk

http://www.coachoutlet-stores.eu.com

http://www.coachoutletorg.us.com

http://www.adidasnmdblack.us.com

http://www.coachoutletstoresfactory.us.com

http://www.canadagoosejacketsstores.us.com

http://www.canadagooseoutlet-sale.com.co

http://www.coachoutletonlineofficials.us.com

http://www.uggbootsonsale.us.com

http://www.oakleysunglassesactive.us.com

http://www.coachoutletstoreonlineofficials.us.com

http://www.coachoutletcoachoutletstore.us.com

http://www.moncleroutletofficial.us.com

http://www.moncleroutlets.us.com

http://www.hermesbirkins.us.com

http://www.coachoutlet80off.us.com

http://www.outlet-uggstores.us.com

http://www.coach-outletonlineclearance.us.com

http://www.adidasyeezyshoes.name

http://www.lunetterayban.fr

http://www.yeezyboost350.org.uk

http://www.montblancpenscom.us.com

http://www.canadagoosejacketsshop.org.uk

http://www.coachoutletss.us.com

http://www.canadagooseoutletstores.com.co

http://www.katespadeonlineoutlets.us.com

http://www.coachfactoryoutletstoreofficial.us.com

http://www.true-religionoutletstore.us.com

http://www.michaelkorsoutletsclearance.us.com

http://www.canadagoosejacketssale.us.com

http://www.katespadeoutletinc.us.com

http://www.coachsoutletsale.us.com

http://www.pumaoutletstore.us.com

http://www.truereligionjeanss.us.com

http://www.ralphlaurenpoloshirts.us

http://www.canadagoose-outletstores.name

http://www.ralphlaurenoutletstore.org.uk

http://www.coachfactoryoutletonlinestore.us.com

http://www.michaelkorsoutletoffice.us.com

http://www.canadagooseoutletsite.us.com

http://www.canadagoosejacketscoats.us.com

http://www.niketrainersnikeshoes.org.uk

http://www.michaelkorsoutletwholesale.us.com

http://www.fredperrypoloshirts.org.uk

http://www.michaelkorsoutlet-store.us.org

http://www.fitflops-saleclearance.us

http://www.airjordan-retro.us.com

http://www.cheapjordanss.us.com

http://www.coachoutletonliness.us.com

http://www.ugg-bootscanada.ca

http://www.nikeshoess.us.com

http://www.truereligionjeanscom.us.com

http://www.michaelkorsoutletdiscount.us.com

http://www.coachoutletssale.us.com

http://www.ralphlaurenshirts.me.uk

http://www.toryburchoutlet-store.us.com

http://www.cheapnfljerseyschina.name

http://www.poloralphlaurenoutlet-uk.org.uk

http://www.giuseppe-zanotti.in.net

http://www.raybansunglassesseller.com.co

http://www.outletuggstore.us.com

http://www.coachoutletfactorysite.us.com

http://www.cheap-nfljersey.in.net

http://www.michael-korsoutlets.org.uk

http://www.christianlouboutin-outletstore.us.com

shenyuhnag20180410

REPRESENTATIVE CONYERS: CLAIMS MOUNTING ABOUT SEXUAL MISCONDUCT
by cjleclaire
Dec 18, 2017 | 8170 views | 0 0 comments | 168 168 recommendations | email to a friend | print | permalink

Since multiple allegations of sexual misconduct emerged regarding Harvey Weinstein, during the past month, other women have come forward in Hollywood and other industries to make their claims of sexual harassment known.

A recent example is Democratic Representative John Conyers, who is resigning amidst accusations of sexual misconduct by multiple women.

Confers announced his decision to retire while in a Detroit hospital during an interview on “The Mildred Gaddis Show” on 102.7 FM. and said he plans to back his son to replace him.

Sexual Misconduct Allegations

According to The Washington Post, former staff member Deanna Maher came forward with claims that on various occasions from 1997 through 2005, Conyers sexually harassed her. She said she never came forward earlier because he was too powerful and she believed no one would want to take her claims seriously.

However, there was a previous staff member who also alleged sexual misconduct claims, and in 2015 a settlement was reached between Conyers and the staff member for $27,000. The settlement was over the staff member’s claims for what had occurred when she worked for him in the 1990’s.

These claims recently led to a House ethics investigation of Conyers (age 88), the longest serving member of Congress. He denied the claims. However, as a result, House of Representatives leader Nancy Pelosi made a statement saying that the claims were believable and requested that Conyers step down, which he has done.

CNN reported that Representative Jim Clyburn also asked Conyers to resign and said it was in his best interests. Clyburn is the assistant Democratic leader and holds the highest-ranking position by an African American in the House.

Are You Dealing with Sexual Harassment Issues in Your Business?

Stephen Hans & Associates represents employers and business owners in employment law dispute cases. Our attorneys have more than 20 years of experience defending employers.

comments (0)
view/post comments
no comments yet

EEOC Offers Harassment Prevention and Respectful Workplaces Training
by cjleclaire
Nov 21, 2017 | 13957 views | 0 0 comments | 310 310 recommendations | email to a friend | print | permalink

Despite legislation and law enforcement, incidents of harassment still occur in the workplace. Often employers are at a loss in knowing how to prevent it. They can’t be everywhere at once to supervise first-hand what is taking place in their business.

The new training being offered by the EEOC is a proactive solution for preventing harassment. The training applies to real life situations and gives employees and employers valuable tools that begin by addressing uncivil behavior, which can escalate and lead to harassment.

Sexual Harassment

How Does This Training Differ from Other Anti-Harassment Education and Training Programs?

Traditional anti-harassment or anti-discrimination training programs focus on educating supervisors and workers about existing laws, legal definitions and liability standards that businesses must meet.

The EEOC’s new programs , called “Leading for Respect” and “Respect in the Workplace,” focus directly on conduct.

Participants in the program learn about treating others with respect and what respectful conduct involves. By fostering respectful behavior in the workplace, businesses can also become more efficient and profitable. The training also assists employers by reviewing their policies and procedures and evaluating them in terms of harassment prevention.

The point where a company starts preventing harassment is by changing its culture.  Two main aspects of the program geared to do this are workplace civility training and bystander intervention training.

Workplace Civility and Bystander Intervention Training

Workplace civility training promotes civility and tolerance for diversity in the workplace. When workers enter a general culture of civility, employers often see less of its counterpart, harassment.

Civility training has been used by employers and is not new to workplaces. However, bystander prevention training is a newer concept for preventing harassment.

Schools and colleges have used violence intervention training as a way to curb sexual assault. It empowers students to intervene and prevent assault by increasing bystander awareness, encouraging collective responsibility, empowering students through skill-building exercises and making resources available to support intervention. By-stander prevention training brings the same skills to the workplace to enable workers to intervene and stop harassment.

If you have questions or legal concerns about workplace harassment, find out how we can help.

Stephen Hans & Associates has decades of experience assisting company owners with employment related issues.

comments (0)
view/post comments
kelly4567
|
February 10, 2018
So you if need this youtube unblocked school online here is the website so that you watch youtube online here.

Weinstein Misconduct Leads to Investigation of the Weinstein Company
by cjleclaire
Nov 09, 2017 | 16314 views | 6 6 comments | 438 438 recommendations | email to a friend | print | permalink

Do You Have Harassment Issues in Your Company?

The New York Times broke the story on October 5th about Harvey Weinstein’s sexual harassment of actresses. That led to a criminal investigation, and now the whole company has come under the scrutiny of a civil investigation.

On October 23, The New York Times reported that New York Attorney General, Eric T. Schneiderman opened an investigation into the Weinstein Company by sending a subpoena that requested documents such as personnel files, criteria for firing, termination and promotion, and filed with the company regarding sexual harassment, gender or age discrimination. In addition, the subpoena sought information as to how complaints were handled and any private out-of-court settlements reached.

Company Financial Liability

Whether the company is financially responsible for any of Harvey Weinstein’s misconduct is also subject to the investigation. Of the payments made by Harvey Weinstein in confidential settlements, the investigation seeks to discover whether other company people were involved and whether the payments came from the company or were personally paid by Weinstein.

The Weinstein Company fired Harvey Weinstein several days after the October 5th news story broke in The New York Times. More than half of the nine company board members have resigned. Harvey’s brother Bob Weinstein, co-founder of the company, is involved in sales negotiations to sell either part of or the whole production studio.

In addition, many employees have requested release from nondisclosure agreements so they are free to discuss their experiences at the company.

Do Not Bury Your Head in the Sand

With the power he wielded, movie producer Harvey Weinstein appeared to be untouchable. He won Oscars and was an entertainment industry icon. While the harassment incidents spanned for decades, all it took for his reputation to plummet and his livelihood to end was actresses coming forward and one newspaper article in an age where information goes viral.

If anyone in authority at the company had had the courage to stand up to him years ago and deal with the harassment issues, perhaps the company could have been saved.

Do You Have Harassment Issues in Your Company?

Our attorneys at Stephen Hans & Associates can help you address your concerns. We provide seasoned legal advice based on more than 20 years of defending employers in employment issues.

 

 


Washington Post Settles Age and Discrimination Lawsuit
by cjleclaire
Nov 03, 2017 | 12733 views | 1 1 comments | 421 421 recommendations | email to a friend | print | permalink

Washington Post Settles Age and Discrimination Lawsuit

The Washington Post recently settled a lawsuit filed by former advertising executive David DeJesus. When bad publicity becomes a greater threat to business than losing money through a settlement, oftentimes businesses opt to settle.

discrim at job interview

Such was the case with the Washington Post. DeJesus claimed that his boss terminated him in 2011 due to racial discrimination. He had enjoyed an 18-year career with the company, and while the Washington Post claimed it based his termination on “willful neglect of duty and insubordination,” an appeals court of three judges decided last year that a jury could hear the case. The appellate court overturned a lower court that dismissed the lawsuit.

The appeals court went on the record as saying, “A jury could properly conclude that the Washington Post’s proffered reason [for the termination of DeJesus] is so unreasonable that it provokes suspicion of pretext.” (New York Post)

 

Further Details about the Age and Discrimination Lawsuit

According to the Observer, David DeJesus brought in more than $1 billion in revenue during his nearly 20 years of tenure with the company. His termination occurred abruptly with his boss cursing and shouting at him. In the federal claim that DeJesus filed in 2014, he also stated that his termination along with the terminations of 47 other older black employers at about the same time were so the company could hire younger, less expensive white employees.

Other affidavits file by former African American Washington Post employees provided details of racial harassment and in particular racial harassment by advertising Vice-President Ethan Selzer. He fired DeJesus without previous discipline or forewarning and told a black female employee to clean the department kitchen and made racist jokes about another black subordinate’s husband. Also, at one point an employee who came to work at the Washington Post wearing a KKK belt buckle was not even disciplined.

Quiet in the Media and with the Settlement

The Observer noted that a number of media outlets ignored the lawsuit and MSNBC did not respond to DeJesus’ request for coverage.

Do You Have Employment Issues that Could Become Legal Matters?

Our attorneys at Stephen Hans & Associates are glad to address your concerns. We offer clients seasoned legal advice based on more than 20 years of employment law experience.

comments (1)
view/post comments
donei
|
March 05, 2018
really that kind of thing we should keep in mind i don't know about lawsuit filed, but after your post i get some thing i remembered this kind of content i read at education birdie but i don't get proper points. thanks for sharing this vital knowledge.

Tip-Sharing Class Action Lawsuits Take Their Toll on Restaurant Owners
by cjleclaire
Oct 27, 2017 | 10964 views | 0 0 comments | 297 297 recommendations | email to a friend | print | permalink

In recent years, restaurant owners have been subject to tip-sharing class action lawsuits that have cost them considerable amounts of money.

Zahav in Philadelphia

In July 2017, Eater.com published an article about Zahav, an award-winning Philadelphia restaurant that settled a tip-sharing class action lawsuit for $230,000. Toward the end of 2016, former server Tanya Peters filed a lawsuit against the restaurant and alleged that its tip-sharing practices violated the FLSA and Philadelphia Gratuity Protection Bill. Peters claimed that servers were required to share tips with silverware polishers during her 19 months of employment at the restaurant. This amounted to $5.00 per shift.

Bill Hill Restaurants

The previous July in 2016, Blue Hill at Stone Barns, which Eater named the “best restaurant in America” and which ranked 11 on the World’s 50 Best list, was subject to a class-action wage theft lawsuit. The restaurant settled for $2 million. The third parties that sued also brought a claim against the NYC sister restaurant Blue Hill. The lawsuit claimed that due to tip pool mismanagement, certain service employees did not receive money owed to them. In particular, Blue Hill engaged in sharing tips with non-service employees and did not share private event service charges with service employees. An estimated 250 eligible former and current employees receiving the settlement money included servers, buses, back-waiters, runners and hosts and hostesses. Divided equally, each class-action suit member will receive around $5,000 and the lead plaintiffs will receive an additional $25,000.

Preventative Actions to Prevent Tip Pooling Class Action Lawsuits

Consulting with an experienced employment law attorney can help you prevent tip-pooling lawsuits. Restaurants should have a written policy that addresses tip pooling. An attorney can help you draft a policy that complies with laws. Your policy should designate which categories of employees share tips and how much is shared. You should make clear in the policy which employees are service employees and which employees are not. Restaurant owners should also allow employees to share tips if that is their desire but without pressure to do so.

Stephen Hans & Associates has decades of experience assisting restaurant owners with employment related issues.

comments (0)
view/post comments
anonymous
|
March 28, 2018
Through this post, I know that academic writing service your good knowledge in playing with all the pieces was very helpful.

NYC Department of Transportation Sued for Racial Discrimination
by cjleclaire
Oct 19, 2017 | 11739 views | 0 0 comments | 345 345 recommendations | email to a friend | print | permalink

This summer the NYC Department of Transportation (NYCDOT) faced a lawsuit for racial discrimination. The Acting Manhattan U.S. Attorney filed a lawsuit that alleged a pattern of racial discrimination and retaliation.

Shot of a businessman standing in front of a window using a digital tablet

Details of the Racial Discrimination Violation

According to the article released by the Department of Justice, NYCDOT supervisors for nearly 10 years participated in racial discrimination by:

  • Tolerating use of racial epithets
  • Systematically excluding racial minorities from preferred assignments
  • Discriminating against minority employees for promotions

The discrimination was brought to the DOT management’s attention, but instead of taking proper corrective action, they retaliated against employees who made the allegations.

Fleet Services, a unit within NYCDOT employs an estimated 200 employees in various trades including machinists, auto mechanics, electricians, blacksmiths and engineers. All personnel in this unit reported to an executive who regularly and flagrantly referred to African American employees as “monkeys,” “niggers” and “gorillas.” Another example of the executive director’s conduct included responding to an African American’s request for a cell phone by saying, “that nigger gets nothing.”

The Executive Director verbally threatened and also threatened physical violence against an employee who accused him of discriminating against racial minorities.

The lawsuit demanded that the executive director be demoted, suspended and removed from his position as NYCDOT EEO counselor. The counselor decided to retire. However, his second in command who had also been involved in and tolerated the discrimination was promoted into the Executive Director position.

Settlement

In a settlement agreement, the city agreed to pay more than $1.3 million to individual employees.

The settlement provisions included:

Offering monetary compensation to 14 individuals entitled to relief, which consisted of back pay and compensatory damages awards within a range of $60,000 to $168,000. The complainant who brought the claim to the EEOC’s attention would receive $150,000 and attorney’s fees.

Do You Face Allegations of Discrimination?

Employers dealing with discrimination issues should seek legal advice as soon as possible. Stephen Hans & Associates cam advise the best legal action for you to take as an employer.

comments (0)
view/post comments
no comments yet

Overtime Myths in the Restaurant Industry
by cjleclaire
Oct 11, 2017 | 14820 views | 0 0 comments | 510 510 recommendations | email to a friend | print | permalink

Overtime myths can circulate in any line of work, and the restaurant industry is no exception. Some of the most prevalent myths deal with wages and overtime. As an employer, it is vital that you don’t fall for these myths because they could lead to unnecessary disputes, lawsuits or compliance penalties.

An Employee Can Waive the Right to Overtime

Sometimes employers get the idea that if an employee is willing to work longer hours and waive overtime, it works out well for both of them. However, under the FLSA (Fair Labor Standards Act) , when an employee who is not an exempt employee (not a manager, executive, etc.) works overtime (over 40 hours in a workweek), employers must pay the employee for overtime. A workweek can begin or end on any day that the employer designates.

In fact, an employee, who waived overtime, actually has the legal right to turn around and sue the employer for overtime pay.

An Employer Can Compensate an Employer in Other Ways than Paying Overtime

Another myth is that an employer can compensate an employee who works more than 40 hours by giving the employee extra time off called compensatory time or “comp time.” Employers cannot compensate in ways other than paying overtime. The FLSA requires overtime work to be paid at a rate of not less than one and a half times the employee’s regular pay rate.

An Employer Does Not Have to Pay Overtime for Unauthorized Overtime Work

It can be frustrating for employers who instruct their employees not to work over 40 hours and discover that unauthorized work was done. Employers may feel justified in not paying the employee overtime. However, overtime work must be paid, whether it was authorized or not. Employers can devise other ways to penalize employees who work unauthorized over their 40 hours but they cannot deny them overtime pay.

Legal Representation for Employers

When you have questions about overtime, wage and hour or other employment issues, it is wise to consult with an experienced employment law defense attorney. Stephen Hans & Associates has assisted employers for more than two decades with employment issues.

comments (0)
view/post comments
sunny yadav
|
December 18, 2017
So thanks for the change windows 10 lockscreen password change the start.

page 1 ..
3 .. 13