Wednesday, March 5, 2014

Is Your Employer Oscar Worthy?

     Does your employer or company deserve an Oscar for the way they treat their employees?  What makes an employer good?  Here are a few things that people are saying that make their employers great.

1.  They prefer their employees to do quality work as opposed to overloading them with work.
2.  They promote from within, giving their employees the opportunity to progress within the company.
3.  They offer benefits such as healthcare, maternity leave, paid vacation, etc. 
4.  They value their employees as people and individuals, not just as a number in a department.
5.  They encourage open communication, and they welcome feedback from their employees.
6.  They compensate their employees properly for the work that they are doing.
7.  They promote employee development, so that their employees can grow therefore making the company grow.
8.  They promote a work-life balance, so that their employees are happy outside of work and therefore want to perform while they are at work.

So who does the Oscar go to this year?

Ambuter Law is a law firm that focuses on protecting employees' rights throughout Florida.  If you have a question regarding your rights, contact Ambuter Law for a free case evaluation.

Monday, March 3, 2014

Daughter's Facebook Post Cost Family $80,000

     Patrick Snay, 69, was the headmaster of Gulliver Preparatory School in Miami until 2010 when his contract wasn't renewed.  Snarky sued the school for age discrimination, and won an $80,000 settlement 2011.  The agreement contained a standard confidentiality clause, prohibiting either party from discussing the contents of the settlement or the allegations involved.

      However, Snay's daughter made a post on Facebook stating "Mama and Papa Snay won the case against Gulliver," and "Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."  Snay's daughter was a student at Boston University at the time of the post.

     News of the post made it back to Gulliver's attorneys who appealed the verdict.  The Third District Court of Appeal tossed out the $80,000 settlement earlier this week.  The judge said, "Snay violated the agreement by doing exactly what he had promised not to do.  His daughter then did precisely what the confidentiality agreement was designed to prevent.”

     Snay argued that he needed to tell his daughter about the case and settlement because she suffered emotionally scarring from the whole incident.  However, Snay's chances of winning back his settlement are slim.

If you are the victim of discrimination or have been wrongfully terminated, contact Ambuter Law for your free case evaluation.

Thursday, February 27, 2014

NFL Cheerleaders File Wage and Hour Suit against Teams

     Two NFL teams are facing lawsuits filed by their cheerleaders.  On January 22, an Oakland Raiderette sued the Raiders' organization on behalf of herself and her former and current cheerleaders, alleging that the Raiders violated California labor laws.  Earlier this month, a cheerleader from the Bengals filed a suit against the Bengals' organization alleging wage and hour violations.

     The Raiders pay the Raiderettes $125.00 per game, which equals $1,250 for a 10 home game season.  The cheerleaders allege that when you consider time for photo shoots, time practicing, attending non game events, and additional time working before and after the game on game days, that the Raiders are only paying them about $5.00 per hour.  This is well below California's minimum wage.  The Raiders also do not pay the cheerleaders until the end of the season.  The Raiderettes are also responsible for paying for their own hair and make up, events and photo shoots, and the team docks them if they forget to bring their correct pom-poms to practice.  The Raiderettes are also obligated to attend 10 charity functions a year without pay.

     The suit against the Bengals' organization is similar.  The Ben-Gal cheerleader claims that she was paid $855 for 300 hours spent performing, practicing, and attending events, resulting in an hourly rate of $2.85 per hour.  The cheerleaders were also responsible for paying for their transportation to and from games and events, specialized clothing, makeup, tanning, and whatever else the team required.

     The Department of Labor is also investigating the Raiders.


If you are are owed wages or overtime pay, contact Ambuter Law for your free case evaluation.

Friday, February 21, 2014

Gap to Raise Its Minimum Wage

     The federal government isn't the only one raising its minimum wage for workers.  The Gap, along with a few other retailers, is planning on increasing its minimum hourly rate for 65,000 workers.

     The Gap announced on Thursday that it plans on raising its minimum hourly rate to $9.00/hr by end of this year, and $10.00/hr by the end of 2015. 

     Gap Chief Executive, Glenn Murphy, stated "To us this is not a political issue.  Our decision to invest in our frontline employees will directly support our business, and is one that we expect to deliver a return many times over.”

     Other private companies are also discussing the possibility of raising their minimum hourly rate by 2015.  More to come on this interesting issue.




If you have an employment law question, please contact Ambuter Law for you free consultation. 




Sunday, February 9, 2014

JC Penney settles Pregnancy Discrimination Suit

     Last month, J.C. Penney's paid $40,000.00 to an employee to settle a pregnancy discrimination lawsuit filed by the EEOC. 

     The EEOC charged that when the female job applicant applied for a position in one of J.C. Penney's hair salons in Brunswick, GA, she was denied a job after she informed the manager that she was pregnant.

     This clearly violates the Pregnancy Discrimination Act, which prohibits employers from discriminating against women who are pregnant. 

     Along with monetary relief, the retailer is making provisions for equal employment opportunity training and reporting and posting of anti-discrimination notices. 

    If you are the subject of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

Monday, February 3, 2014

Fired for Being Straight

     A gym teacher in New York is suing his employer for allegedly violating anti-discrimination laws by firing him because he is a straight married man with children, and that his lesbian boss was giving preferential treatment to younger, single female employees.

     The gym teacher, Gregory Kenney, alleged that his boss required him to coach three teams as opposed to the two teams his contract requires.  Kenney made complaints to the school, which he alleges were ignored.  Kenney then was fired after refusing to work nights and weekends.  However, the school took no action against a single, female gym teacher who refused to take on additional coaching responsibilities.  Kenney's suit also points out that he was replaced with a gay, female teacher and that three other married coaches with children were also terminated.

     New York is one of twenty states that prohibits discrimination based on sexual orientation.  Title VII, on the other hand, does not specifically recognize discrimination based on sexual orientation.  However, judicial opinions are starting to blur the lines between discrimination based on gender stereotyping and discrimination based on sexual orientation.  I am sure there will be more to come on this interesting topic.

     If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

Wednesday, January 22, 2014

What Can Your Employer Really Say About You

There are no federal laws restricting what your previous employer can say about you to a prospective employer.  If you were fired or terminated, your previous employer can say so.  They are not limited to only stating the dates of your employment.  However, there are laws regarding defamation of character which can prevent an employer from telling untruths about you to a prospective employer.

Here are a few things to think about when seeking employment:

1.  Ask what your company is going to disclose to prospective employers.  It's always a good idea to ask your previous employer what information they are going to give out to prospective employers so that way you know to prepare yourself when discussing details with your new employer.  Also, it's important that the reason you give to your prospective employer for leaving your previous job matches what your previous employer states.  For example, you don't want to tell a prospective employer that you resigned if you really were terminated.

2.  Don't assume that your previous employer won't give out information.  Many large companies have policies regarding what they disclose during employment verification checks.  However, many small companies do not.  It's never a good idea to assume that your previous employer won't disclose the reason behind your separation with the company.

If you feel that you were discriminated against or wrongfully terminated from your place of employment, please contact Ambuter Law for your free case evaluation.