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
When accusations of discrimination or harassment emerge, employers should consult with an employment law defense lawyer as soon as possible. Aside from seeking counsel, what actions can you take right away and what mistakes can you avoid?
The American Bar Association suggests avoiding the following mistakes.read more
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.read more
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.read more
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.read more