On behalf of Alan Lescht & Associates, P.C. posted in Unpaid overtime on Thursday, December 1, 2011
According to the New York Times, the Office of Management and Budget recently agreed to look over a proposal made by the Department of Labor to change companionship exemption. Companionship exemption is a term referring to a provision in the Fair Labor Standards Act which specifies that employees in the home health care industry providing "companionship services" need not be paid minimum wage or overtime for their work.
As the article points out, the move came four years after the Supreme Court ruled against a 73-year-old home care aid for the elderly. The woman had apparently sued her employer for years of unpaid overtime, which had been denied to her as she was deemed to fall under the companionship exemption.
On behalf of Alan Lescht & Associates, P.C. posted in Federal government employee issues on Wednesday, November 30, 2011
The Washington Post recently reported that eight employees of the Securities and Exchange Commission have been disciplined for filing to take action on repeated warnings connected to Bernard Madoff's fraud scheme.
Each of the employees was accused of not taking the necessary steps to determine whether Madoff was misrepresenting his trading. In response, the agency's human resources department apparently recommended termination of one of the eight employees, but that employee was ultimately not fired so as not to "harm the agency's work." All eight of the employees, though, were disciplined. In addition, a ninth employee-who had been facing a possible seven-day suspension-resigned before disciplinary action was taken against him.
On behalf of Alan Lescht & Associates, P.C. posted in Federal government employee issues on Saturday, November 26, 2011
There are numerous laws in place that are meant to protect employees from discrimination. While many civil employees can fall back on state and federal protections, federal employees, such as members of the military, can only rely on the protections enacted at the federal level. Many people in Washington, DC, and across the country were convinced that repealing Don't Ask, Don't Tell, the law that prohibited members of the military from serving openly, would eliminate the discrimination felt by many military families. Unfortunately, there are still many families dealing with how a spouse or partner fits into federal employee benefits.
There have been a handful of same-sex families across the country that have recently filed a federal lawsuit that alleges that they are the victims of unconstitutional discrimination. The families claim that they have not been able to collect federal benefits because of the Defense of Marriage Act.
On behalf of Alan Lescht & Associates, P.C. posted in Unpaid wages on Monday, November 21, 2011
A group of Brooklyn residents filed suit in a federal court last week seeking unpaid wages and damages from multiple companies who have been accused of failing to pay them for work they performed, as well as breaking promises of employment.
The plaintiffs apparently took part in a pre-apprentice training program, which was created as part of a community benefits agreement which promised to create local in order to gain support from residents and politicians for the Atlantic Yards Project. For our readers who are unfamiliar with the Atlantic Yards Project, it is a development project involving 16 high-rise buildings in Prospect Heights, which is next to Downtown Brooklyn.
On behalf of Alan Lescht & Associates, P.C. on Friday, November 18, 2011
Non-compete agreements are one of the most prominent issues, if not the most prominent issue, when it comes to litigation regarding employment contracts.
In a recent decision, the Virginia Supreme Court issued a ruling that will prevent companies from enforcing non-compete agreements that are so broad as to prevent a former employer from working for a competitor in any capacity.
On behalf of Alan Lescht & Associates, P.C. posted in Unpaid wages on Wednesday, November 16, 2011
Former employees of a subsidiary of global financial derivatives broker MF Global Holdings Ltd have sued the company, claiming they were not given proper notice before they were fired on November 11. According to sources, 1,066 employees were fired from the company's broker-dealer unit.
The lawsuit was reportedly filed on Monday in U.S. bankruptcy court in Manhattan. According to papers filed by employees, New York labor law required the company to provide 60 days written notice of the firings. In addition to seeking class-action for all employees affected by the firing, they suit also seeks unpaid wages and bonuses, commissions and other benefits.
On behalf of Alan Lescht & Associates, P.C. posted in Whistleblower retaliation on Thursday, November 10, 2011
Recently, the city of New York agreed to pay $70 million to settle allegations that it submitted false claims to the Medicaid program. Documents from a federal court in Manhattan detail that the city admitted that its Human Resources Administration had reauthorized 24-hour personal care services for some Medicaid recipients without obtaining independent medical reviews or authorization required by medical professionals.
Sources said the suit which gave rise to the settlement was initially brought under the False Claims Act. The False Claims Act allows whistleblowers to obtain a reward when a false claim is paid by the federal government and then recovered.
On behalf of Alan Lescht & Associates, P.C. posted in Retaliation on Tuesday, November 8, 2011
On Monday, a New York man drove his van to the Tappan Zee Bridge, parked it, and lowered himself 65 feet above the Hudson River using a rope ladder and dangled for over several hours before police brought him to safety.
The strange display was reportedly the man's way of protesting his termination from his counseling position with the Rockland County mental health department back in 2008. The man reportedly displayed a large banner which accused Rockland officials of a "cover-up" and "retaliation."
On behalf of Alan Lescht & Associates, P.C. posted in Unpaid wages on Friday, November 4, 2011
An employee of a company in Lewisville, Texas is currently suing for $40,000 in unpaid wages. For many people, that is an entire year's wages.
The man reportedly filed the suit against Viva Railings its owners in early October, claiming that he worked for the company between November 1, 2008 and June 30, 2010 as a nonexempt employee. Under the Fair Labor Standards Act, a nonexempt employee is one who must be paid at least the federal minimum wage rate for the first 40 hours of work in any workweek. The employee is also owed an overtime rate of at least time and on-half of the regular rate for hours worked beyond the initial 40.
On behalf of Alan Lescht & Associates, P.C. posted in Retaliation on Thursday, November 3, 2011
A 56-year-old Ohio judge who has been accused of sexual-harassment by has filed a lawsuit against one of his accusers and her attorney, saying the allegations of sexual harassment amounted to defamation. The lawsuit also names a woman who recently accused the judged of engaging in inappropriate behavior toward the woman.
The suit, which was filed last Friday in Franklin County, alleges that the defendants violated the terms of a settlement agreement between the judge and his accusers. It is the latest development in a string of court filings and settlements regarding allegations that the judge engaged in sexual harassment against the woman, who worked as a Spanish interpreter in Franklin County Municipal Court.
