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Beranbaum Menken Prevails Before the Second Circuit on FLSA Joint Employment

The question of which individuals or entities qualify as the employer or employers of a particular group of workers under the Fair Labor Standards Act (“FLSA”) and associated state wage and hour laws is becoming an increasingly common issue in minimum wage and overtime litigation. As the U.S. Department of Labor observed in its recently-released [...]

New York City Council strengthens Human Rights Law

The New York City Human Rights Law (NYCHRL) is already one of the strongest laws in the nation protecting worker rights. Yesterday the City Council passed amendments making it even more so. Prior amendments in 2005, known as the “Restoration Act.” made it clear that the NYCHRL was to be interpreted liberally, and not limited [...]

John Beranbaum to speak at forum on “Psychological Issues in Employment Law”

Beranbaum Menken LLP’s John Beranbaum will be speaking at a forum on “Psychological Issues in Employment Law 2015″ on March 2, 2016. His talk will focus on Ethical Issues and Professional Responsibilities when representing employees with mental disabilities. The forum is being held by the Practicing Law Institute, at 1177 Avenue of the Americas, New [...]

PRESS COVERAGE OF BERANBAUM MENKEN’S WHISTLEBLOWER LAWSUIT AGAINST VIACOM

On January 5, 2016, Beranbaum Menken LLP filed a lawsuit in federal court against Viacom International Media Networks for its retaliatory firing of Nataki Williams, Vice President for Financial Planning and Analysis, after she spoke out against Viacom’s scheme to avoid paying US corporate taxes by transferring the licensing right of Teenage Mutant Ninja Turtles [...]

BERANBAUM MENKEN FILES POLICE BRUTALITY LAWSUIT

Beranbaum Menken has filed a federal civil rights lawsuit in the Southern District of New York charging unreasonable force, false arrest, and malicious prosecution against the City of New York and individual police officers on behalf of Vito Amalfitano, who was senselessly and violently beaten by a group of NYPD officers on the Lower East [...]

$4.9 Million Prevailing Wage Class Action Settlement Approved

Beranbaum Menken, along with Fay Law Group PLLC of Washington DC and Goldstein, Borgen Dardarian & Ho in Oakland, CA, represent a class of employees working for SimplexGrinnell, one of the largest fire alarm, sprinkler, and building safety companies in the U.S. The lawsuit claimed that Simplex failed to pay its workers the prevailing wages [...]

SUPREME COURT RECOGNIZES CONSTITUTIONAL RIGHT TO MARRIAGE EQUALITY

Yesterday the United States Supreme Court held that same-sex couples have a constitutional right to marry in all 50 states. Beranbaum Menken associate Grace Cretcher played a small role in this result; when she served as law clerk to District Court Judge Timothy S. Black of the Southern District of Ohio, she helped draft the [...]

Supreme Court Requires Accommodation for Religious Employees

In 2008, Samantha Elauf, a Muslim teenager who wears a headscarf, applied for a position with Abercrombie & Fitch, a clothing retailer. She was qualified for the position and the Abercrombie employee who interviewed her acknowledged as much, giving her an interview score that should have led the company to hire her. Instead, Abercrombie rejected [...]

Building Superintendents and New York Wage and Hour Law: A Forgotten Profession

New York’s wage and hour law contains some of the broadest wage payment regulations in the nation, but unfortunately one particular class of workers is currently falling virtually completely through the cracks.  Under the New York Labor Law’s supporting regulations, which provide the applicable minimum wage rates in effect in the state, residential building superintendents [...]

SUPREME COURT LEAVES (MOST) PREGNANCY ACCOMMODATION CASES TO THE JURY

Getting pregnant and raising children isn’t something American employment law does much to encourage. The right to pregnancy leave is a meager 12 weeks and only covers larger employers, and, alone among industrialized nations, is unpaid. The pay disparity between men and women is largely the product of women being penalized for taking time off [...]