New York Business Litigation Attorney Blog

A weatherman in Los Angeles is suing CBS broadcasting for discrimination, saying the station only aims to hire young, attractive women to report on the weather.

New York City, like Los Angeles, has one of the largest media markets in the country, and as such, this case could have implications for future New York discrimination lawsuits involving similar circumstances.

Our New York City discrimination attorneys believe that everyone should have an equal opportunity to pursue the career path they choose. Federal law prohibits employers from discriminating against someone on the basis of sex, age, race, religion and other factors.

But what about when you work an industry like television, where good looks - and certain looks - are practically a requirement of employment?

The fact of the matter is, federal law prohibits discrimination - period. Title VII of the Civil Rights Act spells this out clearly. These laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Under this law, the discriminatory practices include just about every aspect of employment. This includes:

• hiring and firing;
• pay or classification;
• transfer, layoff, promotion;
• recruiting;
• testing;
• use of certain company equipment or facilities;
• benefits;
• retirement or disability;
• training;

In this case, Kyle Hunter, an award-winning meteorologist, said he had applied for two weatherman jobs in the Los Angeles area - one at station KCBS and the other at KCAL. The first opening position was to replace longtime weatherman Johnny Mountain. But despite his superior resume, which showed Hunter to be a more qualified and experienced candidate, the job was given to Jackie Johnson, a younger female.

Then when Hunter applied for Johnson's old position, the job again went to a younger (i.e., less-experienced) female. Hunter said it is clear that gender and age played a role in the hiring decision, and that he was at a disadvantage because he is over the age of 40 and a male.

Yet, he is a weatherman with more than 20 years experience in various large markets, has a bachelor's degree in meteorology and is certified by the American Meteorological Society. The qualifications of the other candidates, according to his suit, did not come close.

This case is somewhat unusual in that we often hear about ageism and sexism in terms of males having the advantage. Women have long talked about that glass ceiling that for decades prevented them from advancing or even being accepted into certain fields.

Hunter's attorney, Gloria Allred, was quoted as saying that men are equally protected under anti-discrimination laws.

For its part, CBS has denied that sexism or ageism is at issue. In fact, it called Hunter's lawsuit "frivolous."

Our New York discrimination attorneys will be closely watching this case as it unfolds.

Continue reading "New York Gender Discrimination Happens to Men Too" »

It's never fashionable to exploit your workers.

That's what one designer may soon learn in the course of a $50 million lawsuit alleging retaliation for New York City workers' compensation claims, as well as outright abuses and working conditions that have been compared to a sweatshop.

Our New York City workers' compensation attorneys have been following the heavy media coverage surrounding the case of fashion designer Alexander Wang. Some 30 current and former employees are suing Wang, alleging appalling work conditions, in which they were made to work 16-hour days in stifling, claustrophobic areas. What's more, some workers have said that when they suffered injuries, as a result of these conditions, they filed workers' compensation claims, and were subsequently fired.

These workers are suing for $50 million.

Wang, who reportedly earned $25 million last year, vehemently denies the allegations.

The New York Department of Labor specifically addresses issues within the apparel industry, which has been known historically to use "sweatshop" labor in order to cheaply and quickly manufacture clothing that they can sell for extremely low prices, thereby beating out the competition, or by selling them at high rates, thereby ensuring the profit margin will be sizable.

Sweatshops are identified by a myriad of different aspects, including: fire hazards, electrical hazards, safety hazards, health hazards, structural dangers, child labor, industrial homework, registration violations, tax irregularities and wage violations.

However, usually when we think of sweat shops, we think of overseas operations. That's because U.S. laws are stringent in terms of the working conditions it expects employers to offer. Laws in other countries aren't nearly as tough. Unfortunately, some companies have no qualms about putting profit above the rights of workers.

As the Department of Labor points out, when we do see sweatshops in the U.S., they are typically fly-by-night operations. They don't secure the proper permitting and they can quickly pick up and move across state lines if they need to in an attempt to elude the attention of authorities.

In 1996, the state of New York passed the "Hot Goods" law. This law essentially forbids the sale or distribution of clothing that has been made in sweatshops, which frequently cheat workers out of their money and pay less than the minimum wage requirements. Garment companies are registered under this law, and those that do not follow the standards can be tagged as "unlawfully manufactured."

One of the prime ways that sweatshops take advantage of workers is by paying them in cash and deducting wages that are illegal and undocumented. Here are some of the basic requirements of what garment workers must receive from their employers:

• Overtime. If a worker has logged more than 40 hours, he or she must be given one and one-half times their hourly pay rate for every hour they work.
• Children younger than 16 are not permitted to work in garment factories.
• Factories have to follow state and federal law and fire codes concerning safety. During work hours, fire exits have to be accessible and unlocked.
• All garment manufacturers have to register with the state's Department of Labor. They have to post that registration where employees can see it.
• Employees cannot be required to take anything home to work on it there.

Continue reading "New York Employment Violations Alleged Against Fashion Designer" »

Illegal bank actions stemming from New York foreclosures are going to net the state a payout of $25 million. The money is the result of a $25 billion nationwide payout agreed upon by five major banks and attorneys general from 49 states, following widespread mortgage abuses and fraud that resulted in tens of thousands of illegal foreclosures across the country.

Our Great Neck foreclosure attorneys know this payout won't make up for the many families who have been affected by these deceptive practices.

News reports indicate that Bank of America, JPMorgan, Chase, Wells Fargo and Ally Financial will all pay $5.9 million each to the state. Citigroup will pay $1.25 million.

Essentially, the problem lies with the system the banks used to track mortgages. It's called the Mortgage Registration System - or MERS. It was created in the 1990s. The problem is that banks never kept up with paper documentation and ownership questions abound when it comes time to take foreclosure action. They used the MERS system to input data rather than obtaining court orders and going through the local clerk of courts.

While $25 million may sound significant, it really only amounts to about $2,000 for each person who was illegally foreclosed upon. That is barely enough to cover moving costs and a security deposit. It's also going to be spread out over a three-year period. In exchange for the settlement, the state has agreed to drop some of its legal claims against the named banks.

But many of those individuals who still have lawsuits pending against these financial institutions intend to continue to press forward with them.

This settlement also did not require any of the banks to admit wrongdoing. What that means for the future is that there is no guarantee these type of actions won't continue to occur.

In fact, there are some 70 million mortgage loans - including subprime loans - that are being tracked in the MERS system that have yet to be entered into the clerk of courts system. Plus, right now, there are an estimated 11 million people who still owe more on their homes than they are worth.

This was after housing prices plummeted by more than 30 percent since 2006, when large loans were often given to people who could never have afforded to repay them in the first place.

For homeowners, that means you need an aggressive attorney who is willing to fight for your best interests and who is familiar with these type of cases and the tactics regularly employed by banks to protect their bottom dollar.

President Barack Obama has announced the implementation of a high-level group of officials who will be charged with organizing and investigating the ongoing complaints regarding abusive and reckless home loans, and New York State Attorney General Eric Schneiderman has been chosen to help lead the group. But as bureaucracies go, it could take years to sort through each complaint.

If you are facing a foreclosure in Great Neck, you need someone who will work to get you effective and timely results.

Continue reading "Settlement Doesn't Cure New York Foreclosure Ills" »

Racial discrimination in New York among the firefighting ranks could cost the city upwards of $130 million.

Our New York City labor and employment lawyers understand that this entire affair has impacted a fine institution, lauded for its many sacrifices and accomplishments. But discrimination in any form is unacceptable, and it's especially disheartening when it is allowed to persist at any level of an organization.

For decades, there had been whispers and knowing nods that there was racial discrimination at the New York Fire Department. A simple look at the demographics reveals the startling truth: The department is more than 90 percent white, 6 percent Hispanic and 3 percent black - hardly reflective of the diverse makeup of New York City.

However, the situation didn't come to a head until 2007, when the Department of Justice filed a lawsuit, claiming that the entrance exam discriminated against racial minorities.

In 2009, a federal judge in Brooklyn agreed with that take, ruling that whites scored consistently higher on the tests than minorities. He ruled the oversight wasn't intentional, but rather the result of a test structure that was inherently more favorable to whites. Test scores were based on reading and comprehension skills, rather than actual firefighting skills. What's more, there was a culture of nepotism within the department. Because the department had been made up largely of white firefighters to begin with, their family and friends were consistently recommended and supported throughout the application process, further perpetuating the lack of diversity.

It was ordered that a new exam would have to be developed, with the help of a third-party, equal opportunity consultant.

Now, the courts are taking this message a step further. The city is going to have to shell out almost $130 million in back wages to minority applicants who weren't hired after taking the department's entrance exam. That payout is going to be split up among some 2,200 applicants who were turned down between 1999 and 2002. The applicants' salary between when they applied and now is going to be factored into the settlement. So someone who made less is going to get more.

Plus, the department needs to hire nearly 300 black and Latino applicants.

A spokesman for the Vulcan Society, which is a fraternity of black firefighters, said that the decision marked a great victory for both the department - which will benefit from the diversity - and those who had previously been excluded - who will benefit from the renewed opportunity.

At this point, nearly 62,000 individuals have registered to take the new exam this week. That is three times the amount of any year of previous applicants.

While the city has defended its hiring practices, saying that the number of minorities has tripled in the last decade, clearly, it hasn't been enough.

This case just goes to show that discrimination in the workplace is costly - not only in terms of possible financial penalties, but in terms of the human toll as well.

Continue reading "Racial Discrimination at FDNY Results in Heavy Fines, Department Changes" »

A dispute involving the family of the late Gil Scott-Heron, a Grammy award-winning musician and poet, entails numerous allegations of illegal actions in an effort to seize control of his multimillion dollar estate.

While most family estate disputes in Great Neck don't involve famous singer-songwriters, bitter accusations can quickly dissolve relationships, as well as any chance of peacefully resolving the issues at hand. This is why it is important to have a New York family law attorney at your side.

In this case, reports the New York Daily News, the 62-year-old Scott-Heron, perhaps most famous for the tune "The Revolution Will Not Be Televised," died last year. He had four children, who have begun battling out the details of his estate in court.

The singer's only son is now accusing his half-sister, as well as her mother and grandmother, of stealing an estimated $250,000 from business accounts belonging to his father. As the temporary executive of the estate, Scot-Heron's son has said that such withdrawals of the account were not authorized, and therefore illegal.

He accused his half-sister of forging his father's signature in order to take the money. He also said his half-sister's grandmother broke the law to use her documented power of attorney to take the money. This all reportedly happened just weeks before he was named as administrator of the estate.

Additionally, he says his father's former mother-in-law stole another $60,000 from his father's checking account. He is suing not only for the money lost, but another $2 million in damages.

The allegations get stranger from there. In one accusation, Scott-Heron's son also alleges the women also seized his father's body from the hospital, and then refused to allow him to say a few public words at the funeral.

Scott-Heron's former mother-in-law denies each of the claims, saying she "wouldn't be that dumb."

Whether any of this is true should be sorted out in court.

We understand that often in cases of disputes among family, the issue isn't really about the money. It becomes a principal of the matter, and a battle between what is right and wrong.

This case also underscores the need for people to plan their estates well in advance of their passing. We understand you never know what can happen from one day to the next, so it is very important to be prepared. An experienced family estate attorney can help you accomplish this.

It's important to consider the following issues:

1. Do you have a will and a trust? Have you designated a durable power of attorney and health care power of attorney? That latter two are important for making financial and health care decisions on your behalf if you are ever incapacitated. The former deals with what will happen to your assets after you die. A trust, in particular, is important if you have minor children who will need to be looked after.

2. Even if you do have these documents, they may not be worth much if they are outdated. Make sure that these documents are updated to reflect your current marital status, as well as any children or grandchildren you may have had since the document was created.

3.You need to make sure that beneficiaries are properly designated on any property you may own, as well as any life insurance or retirement accounts. It is possible for an ex-spouse or older parent to receive these benefits - as opposed to the current spouse and children - if these documents are not properly prepared and updated.

Continue reading "Need for New York Estate Planning Highlighted in Celeb Family Dispute" »

New York City foreclosures are again on the rise, as banks reported seizing more homes the first month of year than in December.

The news comes after the foreclosure rate dropped significantly in 2011, when financial institutions were forced to stop and sort out claims of foreclosure abuse - something with which our New York foreclosure attorneys are all too familiar.

In one month, foreclosures across the country jumped by 8 percent, though that is still down 15 percent from 2010. That's according to RealtyTrac listing firm.

When the month of January came to a close, RealtyTrac reported there had been more than 210,000 homes in the country that were either issued a notice of default, repossessed or were slated for the auction block. That breaks down to roughly one every 625 homes in the country.

Other states that reported a very high increase include Massachusetts (75 percent) and new Hampshire (62 percent).

It's a pattern that is expected to continue following the $25 billion settlement that was signed off on by 49 state attorneys general (including New York Attorney General Eric Schniederman). The settlement was largely intended as a punitive measure following widespread misdeeds within the industry, as well as to aid some American homeowners who were either underwater on their mortgage or who had lost their homes to banks that never proved they were legally entitled to take them.

In the wake of a lot of these revelations, many banks put a hold on the filing of new foreclosures while they worked to retrace their steps (some would say cover their tracks) on previous filings. They also had to put measures in place to ensure the same errors wouldn't be recurring.

Under the settlement terms, the banks agreed to streamline the way they move through the foreclosure process. Part of the idea is to increase transparency.

Now, banks are once again beginning to turn their attention back to new foreclosure filings, so the numbers are again beginning to jump. RealtyTrac's vice president, Darn Blomquist, told USA Today Money that lenders are going to be playing catch up on the foreclosures that have accumulated over the past year, though it may happen somewhat slowly, as lenders will want to make sure they are in compliance with the new federal regulations.

In New York state, the month of January saw one of out every 4,849 homes handed a notice of foreclosure. There are currently more than 30,000 homes in the midst of a New York foreclosure. Of those, the average foreclosure sales price is around $323,000.

Some additional New York foreclosure statistics, according to RealtyTrac:

The following counties had the highest foreclosure activity in the state for the month of January:

• Kings, 292 filings


• Nassau, 229 filings


• Suffolk, 194 filings


• Monroe, 124 filings


• Bronx, 99 filings

Some mortgage bank economists say the real measure of whether the economy is returning to health is the employment rate. The higher employment is, the fewer people are going to miss their mortgage payments and ultimately, the less foreclosures there will be.

Unfortunately, however, it may be some time before we see that scenario become reality.

Continue reading "Great Neck Real Estate Defense: New York City Foreclosures Climbing" »