Employment Lawyer Blog

The U.S Department of Labor's Wage and Hour Division has announced a major coup, after a federal crackdown on illegal practices at Italian restaurants on Long Island.

Investigators found wage and hour violations galore and managed to recover $2.3 million in back wages owed to nearly 600 workers at 46 Italian restaurants and pizzerias. The Department of Labor also leveled more than $200,000 in civil penalties against the employers for repeated violations of the Fair Labor Standards Act. Employers apparently skirted overtime requirements, falsified payroll, and tried to escape from tax liabilities.

The Director of the U.S. DOL's Long Island District Office, Irv Miljoner, said that investigators found not only violations of minimum wage law and overtime rules, but also a massive number of employees being paid off the books. Some restaurateurs countered that the improper pay structure was necessary for them to compete - they argued that if their restaurants paid fairly, they would have to raise prices, and thus they would lose business to competitors.

This defense seems, at first glance, to make sense. However, once you really consider the logic, it reveals itself as absurd. It's like saying, "I beat my wife because she won't listen to me otherwise." If you can't make a relationship work - whether personal or business - within a legal or moral frame, you probably shouldn't be in that relationship.

The Department of Labor is now turning its laser-like focus on diners in Suffolk and Nassau counties, searching for wage and hour violations. Miljoner issued a statement about that investigation: "We're already finding what we thought we would find."

The attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum have led the charge against New York City restaurant wage and hour violations. Attorney Maimon Kirschenbaum has won fame (or infamy, depending on your point of view) for taking on the largest, most venerated restaurants in the Big Apple and punishing them for mistreating and underpaying their workers.

If you or someone you love or care about has been mistreated, harassed, underpaid, or discriminated against at a restaurant or other establishment, our team can help. Learn more about our commitment to justice at www.jhllp.com, or get a free, confidential, compassionate consultation by reaching out to us at 866-348-7394.

The popular Atlanta-based restaurant chain Huddle House has come under the gun for alleged wage and hour violations. According to a U.S. Department of Labor Wage and Hour Division investigation, Huddle House also allegedly violated labor laws.

A story in Nation's Restaurant News catalogued the bad news: some "employees' income did not meet the minimum wage because they were required to share their tips with different employees, or because the restaurants took deduction for breakage losses, damages and check cashing fees. In addition, some non-tipped employees, such as cooks, were paid less than minimum wage."

On top of that, many tipped employees were not correctly paid for overtime, and some employees who were non-exempt didn't receive any overtime at all. In one case, a 15-year-old employee at Huddle House worked more hours than the law allows; that Huddle House franchise faces a child labor violation charge.

Huddle House is not the only Southern restaurant or franchise to come under the gun lately. The Department of Labor just finished conducting a multi-year investigation of Georgia restaurants; and the DOL uncovered significant non-compliance with federal regulations, such as wage and hour rules.

Sound familiar?

If you've been paying attention to the wage-and-hour news out of New York City, you would almost certainly recognize the name Maimon Kirschenbaum, a lead attorney here at Joseph, Herzfeld, Hester & Kirschenbaum. Attorney Kirschenbaum has earned widespread notoriety for his relentless battle against abusive practices at New York City restaurants. He has taken on the biggest celebrity chefs and most powerful restaurants in the city, in an ongoing quest to ensure that workers, such as cooks, servers, bartenders, and managers, are paid appropriately, treated fairly, and protected from future abuse.

If you are a restaurant worker and you suspect you and your co-workers have been treated unfairly, discriminated against, retaliated against, or harassed, the powerful and proven team here at Joseph, Herzfeld, Hester & Kirschenbaum can help. Find out more about our philosophy and how we can help at www.jhllp.com, or call us now at 866-348-7394.

Victims of sexual harassment, racial discrimination, and other workplace violations often feel fairly confident that the perpetrators "knew what they were doing." A boss, for instance, who makes lascivious suggestions to a secretary, clearly understands that he is engaging in illegal or at the very least untoward behavior. A plant manager who intentionally demotes (or fails to promote) an African-American might not admit out loud that he is "racially discriminating" - but in his heart of hearts, he is clearly aware of what he's doing - and that it's wrong.

Right?

Perhaps... but perhaps not.

Clearly, many cases are cut and dry. Some superiors who mistreat their workers just don't care, or they think they can "get away with it." But others may simply be running unconscious scripts or deferring to what they perceive to be the normal culture of their industry. The unconscious forces that play on all of us - employers and employees alike - are quite profound.

If you take a look at some of Abraham Lincoln's statements about African-Americans -- even just a few years before the Civil War, you might be shocked at how "racist" Lincoln comes across. Here's a real quote from the 16th President:

"While [blacks and whites] do remain together, there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race."

Remember: this is the man who literally put his life and his country on the line to liberate African-Americans from their shackles. The cultural influences on the way Lincoln thought about race were so powerful that they locked him into a certain way of thinking.

We often tend to demonize the people who do the harassing or discrimination as monsters and uncaring and evil people. And their actions and comments - intentional or not, conscious or not - can certainly have monstrous effects. But as the eminent psychologist Dr. Marshall Rosenberg -- Founder of a school of thought known as Nonviolent Communication (NVC) -- puts it, we are often so blinded by the "enemy images" we have of one another that we fail to see the broader pathologies at work in any given situation.

For instance, say your boss screams at you every morning if you make her coffee even slightly wrong. You might be tempted to think that the woman is crazy - or that she is harassing you or discriminating against you. And, indeed, she may be. But once you get away from the "enemy images" you have of her, you may see that she is concurrently responding to pressures from her superiors or she is simply imitating cultural norms of her industry. For instance, as the Kevin Spacey movie Swimming With Sharks illustrates, executives in the entertainment industry can often adopt terrifying and dictatorial personas - not because these people are intrinsically dictatorial but because they are, for whatever reason, attempting to mimic an archetypal "Hollywood exec" persona.

A quality, experienced law firm, such as Joseph, Herzfeld, Hester & Kirschenbaum can work with you to identify and put an end to workplace misbehavior and mistreatment. For a free consultation today, call 866-348-7394, or review the firm's resources at www.jhllp.com.

Last Thursday, nine former Auburn University Athletic Department employees filed a racial discrimination suit against the college in U.S. District Court in Montgomery, Alabama.

The lawsuit stems from a spree of firings in 2010. When AU moved its basketball arena from the old Beard-Eaves-Memorial Coliseum to a new arena, the Athletic Department let go of 11 workers, 10 of whom happened to be African American.

Kurtis Chandler was one of the employees who was let go. In a statement at a press conference following the filing of the suit, Chandler said: "it is just mindboggling that in 2011 it [racial discrimination] is still going on." The employees want their jobs back at AU's Athletics Department as well as compensatory and punitive damages as well as back pay.

The nine workers filed complaints with the EEOC (Equal Employment Opportunity Commission) last June about the job losses, however the EEOC apparently had been moving too slowly for the group, so they commenced legal action on their own.

Reaction from around the blogosphere

Some analysts suggest that the employees are making a "mountain out of a mole hill." These critics argue that AU had simply downsized its workforce without any conscious malice and that the majority of the fired workers happened to be African American was a random coincidence.

There are others who see more disturbing motives. These critics point out that Auburn is located in Montgomery, Alabama - one of the bastions of the Old South where discrimination was rife.

It's often difficult to parse the veracity of discrimination allegations. Even after you consider witness statements, relevant documents, and historical context, there is the possibility for serious errors.

News stories - even in-depth news analyses - typically don't delve deep enough into allegations of racial discrimination, retaliation, and sexual harassment to provide readers with enough meaningful information to draw fair conclusions.

Does this mean you shouldn't react emotionally when you read stories about racial discrimination? Obviously not. But a more mature approach to analyzing the news might help; withhold your judgment until more facts are clear.

If you've personally witnessed (or have been victimized by) racial discrimination, sexual harassment, retaliation, or wage and hour violations, you know how difficult it can be to get other people - even sympathetic family members - to empathize with your concerns and to really hear out what happened to you. Solving job-related "hostile work environment" situations begins with active listening.

If you crave to be listened to about your discrimination or harassment matter, talk to the reputable, compassionate, and experienced team at Joseph, Herzfeld, Hester & Kirschenbaum. Dial 866-348-7394, or learn more about the team on the web at www.jhllp.com.

On Monday, the U.S. Supreme Court rejected a petition to challenge a Second Circuit court ruling regarding how Federal overtime law should apply to pharmaceutical companies. In July 2010, the Second Circuit (supported by an amicus brief from the U.S. Department of Labor) reversed an earlier ruling by a 3-0 vote about whether the Fair Labor Standards Act (FLSA) exempted pharmaceutical sales reps or not. The earlier ruling deemed that pharma workers should be considered outside salespeople and administrators.

Two pharmaceutical giants - Novartis Pharmaceuticals and Schering Corp - may have exhausted their legal remedies to fight the Second Circuit's decision. Charles Joseph, a partner at Joseph, Herzfeld, Hester & Kirschenbaum, noted: "The specter of a Supreme Court review is greatly diminished, although not eliminated, because the court could take it up with some other case in the future... for now, the Second Circuit decision remains the law of the land in the second circuit. I do not understand how these drug makers will not have to immediately start to change their practices."

The denial of certiorari was applauded by Novartis workers. The decision may compel the pharmaceutical giant to pay up to $100 million to approximately 2,500 past and present pharmaceutical reps.

Beyond Novartis and Schering Corp

The Supreme Court's denial of certiorari in this case has the potential for tremendous industry-wide ramifications in the pharmaceutical sector. Over a dozen suits have been filed against major drug makers like Bristol-Myers Squibb, GlaxoSmithKline, Merck, and Johnson & Johnson. These giant companies have long held that their sales reps should be exempt from FSLA overtime requirements. Their payment practices will almost certainly have to change in light of these court decisions. One report predicted that the Supreme Court decision may "open the flood gates for liability." It seems likely that we may be witnessing the beginning of a monumental change in how drug companies treat, value, and pay for their workers.

If you or someone you care about needs help with a wage and hour violation situation (e.g. your employer has unfairly withheld your tips or had failed to pay you due overtime); or if you have been subjected to sexual harassment, retaliation, or discrimination at your job, look to the firm of Joseph, Herzfeld, Hester & Kirschenbaum to get a confidential and helpful case evaluation. Phone 866-348-7394, or visit the firm on the web at www.jhllp.com.

Last week, an Employment Standards Branch Division in Canada awarded $229,000 to 57 tree planters for wage and hour violations - including vacation pay and overtime owed.

The workers for Khaira Enterprises allegedly spent several months last year laboring under grueling conditions. They were grossly underpaid, forced to toil without being adequately fed, compelled to share dirty toilets and work up to 15 hours a day. In addition, employment discrimination and harassment may have occurred. According to a report in the Vancouver Sun: "one man said an employer threw a knife at him... they also complained of racial slurs."

Here are some ghastly highlights from the Vancouver Sun story (January 4, 2011) about the wage and hour violations at Khaira Enterprises:

• "The toilets were grossly inadequate to meet the needs of the number of workers."
• "The company... deducted $25 a day from paychecks for food and accommodation - even if [workers] brought their own food."
• Workers were not paid for holidays or time to travel between sites. Owners of the company were fined merely $3,500 for their mistreatment of the employees..
• Employees' accommodations were unventilated storage containers.
• The camp sites were "unhygienic and unacceptable."
• Employees were provided with unsanitary drinking water.
• Workers had a difficult time filing for unemployment and assistance because "the company recorded fewer hours than they had worked."

A spokesperson for the Federation of Labor for British Columbia called the fine against owners Khalid Bajwa and Hardilpreet Sidhu "a joke" given the deplorable conditions the employees suffered.

What's remarkable about the tree planters' case is that the workers might never have gotten help had outside advocates not stepped in. Even though Canada does not lack a vigorous regulatory system to enforce labor standards, these workers either didn't know about this system or didn't know how to leverage it on their behalf.

The above case illustrates a key problem. Employees forced to work under squalid or unfair conditions - or who are subjected to sexual harassment, racial discrimination, or retaliation for complaining about abuse - can wind up suffering a kind of "Stockholm syndrome." They may even make up excuses for their unfair employers. Indeed, often the hardest part of ending a wage and hour violation situation is that first call for help. The thought of having to go up against an employer who has tyrannized you and your coworkers can be intimidating and scary.

Fortunately, you don't have to fight your own battles. An experienced and powerful law firm, like Joseph, Herzfeld, Hester & Kirschenbaum, can provide you with a confidential free case evaluation at 866-348-7394. You can also learn more about your rights and the law www.jhllp.com.

Pharmaceutical giants Schering-Plough and Novartis received some bad news at the end of 2010 regarding their wage and hour violation cases.

In case you haven't been tuning into the news, both Novartis and Schering-Plough got slapped with suits for failing to pay their sales representatives fairly, pursuant to FLSA overtime laws and regulations. One of the key issues is whether the sales representatives can be classified as employees who deserve overtime pay, pursuant to the Fair Labor Standards Act of 1938. From the court rulings so far, it appears that the big drug makers may have trouble trying to prove that their salespeople are exempt:

• First of all, Federal Drug Administration (FDA) regulations prohibit drug maker representatives from selling directly to doctors. Therefore, even the moniker "sales rep" is in some sense incorrect.
• Second, the staff are not given serious autonomy - thus, the courts are saying that they must be wage workers.
• The District Court found that: "Schering did not meet its burden to prove that their reps should be exempted from FLSA overtime pay requirements... We have considered all of Schering's contentions on this appeal and have found them to be without merit."

Obviously, the big drug makers will likely fight as hard as they can because of the huge amounts of money at stake. But the courts appear to be pretty clear, and we may soon witness an industry-wide recalibration, based on the fallout of cases like Schering's and Novartis'.

Whether you have been denied overtime pay, forced to labor in a hostile work environment, or demoted, fired or not hired due to your gender, skin color, or religious belief, the law offers you abundant resources and protections. Look to the firm of Joseph, Herzfeld, Hester & Kirschenbaum to get a free case evaluation today. Learn more at www.jhllp.com, or call to set up your free consultation at 866-348-7394.

When an employee complains to supervisors or federal agencies, like the Equal Opportunity Employment Commission (EEOC), about sexual harassment, discrimination, or other mistreatment, employers often get angry and fire or demote the worker. This kind of action - known as retaliation -- is strictly and seriously illegal. Employers can be seriously punished for "retaliation against" employees who engage in "protected conduct," like complaining about unfair practices. But the law regarding retaliation can get quite confusing. This blog post aims to answer some frequently asked questions and dispel some myths about the process.

What does it mean to "engage in protected conduct"?

A variety of state and federal laws prohibit employers from discriminating against employees on the basis of gender, age, sex, and several other metrics. Employees who complain about unfair benefits, pay, and leave practices -- or who raise allegations of discrimination or harassment -- are protected from retaliation.

What if you lose your discrimination or benefit case? Can your employer then retaliate?

Absolutely not. For instance, say you complain to the New York Department of Labor about an overtime dispute, and the DOL denies your claim. Despite the negative outcome of the case, your employer cannot enact any reprisals against you.

Do retaliation laws prevent complaining employees from getting fired or demoted ever?

No. They simply prevent employers from engaging in those activities because of the complaint. For instance, if you file a complaint about sexual harassment and then decide to play hookie from work for five days to party in Las Vegas and fail to tell your supervisor... you can be fired because your boss would have a legitimate and legal reason to terminate you.

My brother and I work at the same manufacturing plant. He made a complaint about racial discrimination. Am I protected from employer retaliation?

No. The Supreme Court is currently reviewing a similar case in which a man got fired shortly after his fiancée filed a claim with the EEOC for gender discrimination. The court has yet to rule on that case. If the man wins, then perhaps retaliation rights will expand to include spouses and others who have significant close relationships with the complainant.

What do you need to do to prove your claim?

First, you have to show that you had been engaging in protected conduct, as defined above. Second, you have to show that you suffered a tangible bad action - such as getting fired or getting demoted. Finally, you have to prove the "cause and effect" leading from the complaint to the adverse consequences.

How do I know whether I have a case against my employer for retaliation?

Call the law firm of Joseph, Herzfeld, Hester & Kirschenbaum at 866-348-7394, or schedule a free consultation through www.jhllp.com to learn more whether you do in fact have a case.

Domestic Workers United and the International Labor Organization are celebrating the passage of New York employment discrimination protection for domestic employees (e.g. nannies, housekeepers and caregivers for disabled and elderly patients). State Governor David Paterson recently signed this "Bill of Rights" for domestic workers - which will protect 200,000 + laborers from harassment, abuse, and certain forms of discrimination.

At the signing, Paterson remarked: "I am proud to sign into a law a bill that will end an historic injustice by treating those who care for the elderly, raise our children and clean our homes to the same central rights to which all workers should be entitled." The bill will go into effect 90 days after the signing, and it will provide protections, such as the following:

• Overtime pay
• One day of rest required per week (minimum)
• Anti-discrimination and harassment protection
• Three days of paid leave annually (minimum)
• Calls for a study to assess whether collective bargaining would help domestic workers to achieve more

Some labor advocates want to push for even more rights, including severance pay as well as access to health benefits and paid vacation. Nevertheless, domestic workers rights advocates like Donna Schneiderman (Jews for Racial and Economic Justice) and Annette Bernhardt (National Employment Law Project) believe the legislation is a huge step in the right direction.

The New York bill may inspire other states to install legal protections for domestic laborers and to establish baseline standards of terms of employment. For instance, in 2011, Californians may debate a similar "domestic workers Bill of Rights" measure. All told, approximately 2.5 million people in the U.S. work in some form of domestic labor capacity.

If you or a loved one has experienced sexual harassment, employer related abuse, discrimination, or retaliation of any kind, learn more about your legal protections and rights. Connect with the lawyers at Joseph, Herzfeld, Hester & Kirschenbaum, LLP today for a free case evaluation at 1-866-348-7394. Or contact the firm via the web at www.jhllp.com. Put an end to unfair practices and bad behavior and get duly compensated for the good work you do.

The New York Daily News, New York Post, Wall Street Journal, and many other mainstream publications are all reporting on a classic restaurant wage and hour violations case. This time, it's Mario Batali (famous for starring in Molto Mario and Iron Chef America) who is in the hot seat.

According to the plaintiffs, Batali and his co-owner, Joseph Bastianich, underpaid their workers, illegally skimmed tips from waitstaff, and compelled staff to work more than 10 hours a day (and more than 40 hours a week) in violation of the law. Waitress Stephanie Capsolas and kitchen runner Hernan Alvarado claim that they had to split their tips with management based on the amount of wine they sold every evening at Batali's Babbo Ristorante e Enoteca.

Other claimants include: Jeffrey Cutaiar, Nicole Medvitz, Paul Toro, Daniel Jansen, Roger Caro, Chris Ell, Chris Forbes, Jesse Patrick, and Diana Dietrich.

Attorney Maimón Kirschenbaum (who along with attorney Denise Schulman has filed the suit on behalf of the claimants) was quoted in the Post saying "it is sad to see a prestigious employer line his pockets with money belonging to the little guys."

Here are some more quotes from the mainstream media about this case:

From the Wall Street Journal (7.22.10): "Whenever someone on that level is stealing money from someone on such a low level of income it is very egregious," said Mr. Kirschenbaum, well-known for filing such cases against restaurants.

From PRNewsWire (7.30.10): D. Maimon Kirschenbaum stated, "Mr. Bastianich and Mr. Batali are not above the law. It is a stunning response to a lawsuit to announce to the world a commitment to fight one's employees until the end. At some point, we hope restaurant owners will learn that service employees also have rights, and they are fully able to vindicate them."

From Eater NY (8.5.10): Attorney Maimon Kirschenbaum - yarmulke wearing and bespectacled - makes for an unlikely buccaneer, but the wunderkind of the plaintiff's bar has racked up an impressive number of wins/settlements by making the case to New York City restaurateurs that it's cheaper to settle than fight.

If you or a co-worker believes that you had your wages unfairly docked or you've been forced to work overtime without being duly compensated, turn to the experienced and highly reputable lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum to get a free and confidential consultation. Maimón Kirschenbaum in particular has built a reputation for going up against some of the most prestigious restaurants in New York City to demand justice for wait staff, bus boys, kitchen staff, and others who often get the short-end of the stick in the restaurant business. Call 1-866-348-7394 or visit www.jhllp.com for immediate assistance with your wage and hour, discrimination, or retaliation case.

The US Equal Employment Opportunity Commission (EEOC) has reportedly filed charges against a New York City restaurant, Sparks Steakhouse, for permitting male to male sexual harassment and for retaliating illegally against an employee who complained about the abuse.

After trying and failing to reach a voluntary settlement with the restaurant outside of court, plaintiffs are charging that Sparks' managers violated Title VII of the Civil Rights Act of 1964. The plaintiffs allege that they were groped, touched, and rubbed involuntarily while at work. Some fellow employees and managers also made obscene jokes and taunts that constituted sexual harassment in New York. Lastly, when one employee complained about the mistreatment, he was at first refused good shift assignments and subsequently terminated without an appropriate explanation.

If you or a coworker has experienced sexual harassment at a New York City restaurant, turn to Joseph, Herzfeld, Hester, & Kirschenbaum. For years, our firm has taken on some of the most high profile and complicated cases of New York City restaurant sexual harassment and retaliation, and we've proven our mettle many times over. We are passionate advocates for servers, busboys, and other restaurant workers who often labor under extremely difficult conditions and who do not benefit from either job security or a stable pay structure. Please read the rest of this blog or visit our website at www.jhllp.com for examples of our tenacity in discrimination, harassment and retaliation cases. Or, phone us at (866) 348-7394 immediately to get confidential legal help with your problems.

On January 22, a protracted age discrimination lawsuit came to a close in California, when 17 Hollywood studios, television networks, and talent agencies agreed to pay out $70 million to a class of television writers over the age of 40 who had alleged violations of the Labor Management Relations Act, the Federal Age Discrimination in Employment Act, and California's Fair Employment and Housing Act. The talent agency International Creative Management (ICM) settled a related matter in August, 2008 -- paying out around $4.5 million in settlement monies to the plaintiffs.

Around two thirds of the $70 million will be paid by insurance companies representing the defendants. 165 members (and settlement classes) will divvy up the money through something called the Fund for the Future, which will be overseen by members of the settlement class to be used for loans and grants to help writers with medical insurance and pensions.

This age discrimination litigation has been keeping lawyers for the networks and studios busy for about a decade. The ruling by the California Superior Court may mark a turning point for the entertainment industry, which only recently resolved a protracted and painful TV and movie writers strike.

Industry insiders have often argued that studios and networks -- which relentlessly target youth culture and the 18-25 demographic -- cultivate a hostile climate for older writers. Not all industry players agree, however. For instance, one analyst has pointed out that many of today's most successful television comics -- and writers for both drama and comedy -- are age 40 and above. An opposite charge is also often levied: that Hollywood can be unusually hostile to aspiring talent. Hollywood wannabees often must endure years of busy work and grueling assistant jobs before being able to work in truly creative capacities.

If you or anyone you know has been the victim of age discrimination in Hollywood, New York, or anywhere else, the firm of Joseph, Herzfeld, Hester, & Kirschenbaum may be able to assist. As with most employment-related claims, there are inherent deadlines by which you must take specific legal action to preserve your rights. Discuss your matter with us in confidence ASAP at 1-866-348-7394, or visit us online at www.jhllp.com for information about our services and credentials.

Employment discrimination, harassment, and retaliation in New York can be punished pursuant to the City Human Rights Law. Let's review the basics of this crucial law.

1. On discrimination based on classes:

Employers may not hire or fire individuals -- or assign work projects, salary/benefits, and so forth -- based upon a number of criteria, including:

• Citizenship status
• National origin
• Creed
• Color
• Race
• Age
• Sexual orientation
• Marital status
• Physical/mental disability
• Arrest record
• Victim status (of offenses such as violence and stalking)

2. On disability discrimination in NY:

The City Human Rights Law of New York requires employers to provide 'reasonable accommodation' for workers who have medical, mental, or physical impairments or a history of said impairments. To provide accommodation, employers must modify job schedules, restructure positions to accommodate for disabilities, provide interpreters and readers, and modify, adjust or acquire certain devices and training procedures.

3. On reasonable accommodations required for the religiously observant:

Bosses and managers must make 'reasonable accommodation' for people who are religiously inclined. For instance, if a religious person requires time off for the Sabbath, his employer should accommodate said request in general. But the law does not require the employer to pay for time off; and you may have to make up the time later on.

4. On sexual harassment in New York:

Sexual harassment is gender discrimination that includes unwelcome physical or verbal conduct of a sexual nature. For instance, if a boss requests that you perform a sexual favor in exchange for a promotion or job assignment, that would be considered sexual harassment under the law. Similarly, if pervasive taunts prevent you from doing your job, this could constitute actionable harassment.

5. On retaliation:

Employers who lash out against employees who complain about harassment, discrimination, and other workplace problems can be punished for retaliation. Even if your allegations of impropriety get dismissed, as long as you had a good faith belief that a discriminatory practice had been going on, your employer cannot retaliate against you.

Could the New York City Human Rights Law apply to your workplace problem? For quality guidance from some of the top anti-discrimination and harassment attorneys in the nation, call (866) 348 7394 to speak with counsel at Joseph, Herzfeld, Hester & Kirschenbaum LLP. Find out more about our credentials at www.jhllp.com.

It seems like every day in the news we read about new cases of ferociously unfair workplace discrimination in New York, as well as harassment, wage and hour violations, and retaliation. Unfortunately, by the time that independent parties are brought in to resolve workplace frustrations, it is often too late to avoid lawsuits and litigation. But could there be a simpler way to preserve employee rights and protect the business interests of employers?

Perhaps.

One new method has shown startlingly positive results in a number of industries. It can be summed up in single word: Awareness.

Simply put, when workers become more aware of one another's concerns, sensitivities, and proclivities, uncomfortable situations seem easier to resolve. This may sound like common sense, but it is common sense uncommonly practiced.

How might increased awareness of others lead to problem resolution?

1) Awareness leads to empathy.

Often, in workplace situations, people have a 'me against the world' mentality. This isn't necessarily a bad thing -- after all, we live in a capitalistic culture that has generated amazing results. But when the pursuit of wealth and power becomes the singular objective of workers and bosses alike, it can lead to insensitivities that can corrupt institutions and ultimately drag down efficiency. For instance, suppose a manager at a bank ruthlessly pursues policies to squash his subordinates and better his peers for the sole purpose of climbing the corporate ladder. He might ultimately get promoted. But his behavior diminishes his corporation. As a result, everybody loses in the end. Moreover, this ruthless pursuit of power blinds him to legitimate concerns that his subordinates may have, including concerns about untoward harassment and discrimination.

Conversely, consider a manager who cultivates awareness of his coworkers and subordinates. He may develop 'win-win' solutions to common on-the-job problems. As a result, he will likely be more sensitive to concerns about harassment and discrimination, be faster at resolving these situations and therefore be more effective at advancing not only his interests but also the interests of his colleagues and his organization.

2) Greater awareness breeds greater mutual trust.

In modern corporations, depersonalization of employees is almost always a big problem. But by practicing awareness of those around you, you can identify problems proactively and nip them in the bud.

3) Awareness reduces stress.

A plethora of studies shows that mindfulness can reduce stress. This in turn can lead to a cascade of health benefits, including reduced cortisone levels, a higher level of fulfillment and satisfaction, and a greater sense of control and perspective. An ancillary benefit of practicing awareness of your moods and concerns -- and the moods and concerns of others -- is that you should be more alert at identifying office discrimination, harassment, and other misbehaviors before they become major problems.

For legal help resolving difficult or even intractable-seeming hostile workplace problems, contact the lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum LLP at www.jhllp.com or dial us toll free at (866) 348 7394.

While harassment and discrimination in New York workplaces can make the lives of city employees miserable, the Big Apple offers a slew of resources and solutions to aid workers and bosses alike in the ongoing quest for a stress-free, discrimination-free workplace. Here are some New York City specific resources and tools to combat discrimination, harassment, and retaliation on the job.

1. Ample free resources exist for members of the New York labor force. For instance, check out:

a. The New York Department of Labor's workforce website
b. The New York State's Workers' Compensation Board website
c. City service organizations -- including volunteer groups, non-profits, and religious groups -- also offer support, job placement help, and useful info.

2. The city boasts many laws designed to protect the rights of workers and to ensure that legal redress is possible. These include:

a. New York State Employment Safety and Security Act
b. Title 12 of the New York Codes, Rules and Regulations (NYCRR)

3. If you don't like your job, it is (relatively) easy to find a new one in the Big Apple.

New York City may have been slammed by the recent recession, but job opportunities in a wide variety of industries abound. Talk to an employment counselor to identify your career and financial objectives.

4. New York City boasts amenities to help people de-stress.

From four star gyms to superlative day spas to top notch executive career counseling, New York City has endless resources to help struggling workers relax, refocus, and re-engage. By taking advantage of these resources, employers and employees alike can reduce stress at the workplace and thus indirectly limit the number of sexual harassment, discrimination, and retaliation cases.

5. New York City has excellent legal help.

If you or a friend or coworker is struggling to deal with discrimination, harassment or retaliation at a New York City job, speak with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum LLP. Phone us for a free consultation at (866) 348-7394, or explore our many online resources at www.jhllp.com.