Tuesday, January 27, 2009

NYC woman denied job as bikini-clad barmaid sues


The Associated Press

NEW YORK -- A woman who wanted a job as a bikini-clad barmaid at a New York City eatery says managers rejected her because she has a "Latin accent." Melody Morales has sued seeking unspecified damages and saying she applied 15 times for a job at the Hawaiian Tropic Zone restaurant and bar. She says managers always denied there were any openings even though other employees said there were.

Her lawsuit says one manager told her her "Latin accent" would ruin his business. She says another told her "You don't speak white."

Morales says she was born in New York to Dominican and Puerto Rican parents. And she says she looks good in a bikini.

Representatives of the restaurant didn't immediately respond to calls seeking comment Tuesday.

Saturday, January 24, 2009

We Prefer Females?


Another Craigslist discriminatory job posting. When will these people get a clue? Discrimination is wrong and should never be tolerated. Remember, tomorrow it could be you that did not get the job because you are the wrong color or gender.

Judging by the posters lack of knowledge of "spell check" you would probably have added duties as a copy editor too if you took this position.

Taste Bakery Cafe.

We are looking for an experiaced Manager to run our Cafe with ten employees.
Duties include hiring, ordering , cashing up and overall control of daily operation. Some baking experiance a plus. Must be very well spoken with great customer service and have a great personillty to comand respect from other employees.

Five days a week from 7am to 5pm. Weekends a must and be flexible with days and hours.

We prefer female applicants but will consider male applicants also.

Call Victor 404 313 1955 or 305 695 9930

Wednesday, January 21, 2009

Sexual Orientation and Discrimination In The Workplace


I have been asked over the last few days whether there is sexual orientation discrimination protection for employees and restaurant workers. The answer is yes and and no. It all depends in which municipality you work in.

Miami-Dade County does offer sexual orientation discrimination protection. This means that, in my opinion, an employer can NOT fire an employee because he/she is gay, heterosexual, or bi-sexual.

City of Miami does not even list a Citizens Bill of Rights in their municipal code of ordinances. This means that they adopt Miami-Dade County's stand on the issue which means the answer is YES, there is protection against sexual orientation discrimination in the City of Miami.

City of Miami Beach
does offer protection in their own city ordinances against discrimination based on sexual orientation. Finally a "city" which has recognized the full intent of the United States Constitution. How long will it take all of the other municipalities to come to the same logical conclusion and pass their own ordinances? Although all of the municipalities in Miami-Dade County MUST follow the county charter, it would be nice if they were to attention to the issue in their own laws.

If you have any questions about other Florida cities and municipalities, please email me and I will do the research for you and give you the results.

Friday, January 16, 2009

EEOC & Religious Discrimination at Work


Understanding the laws against religious discrimination will help operators create a more accepting workplace.

Vigilant employers are already on the lookout for age, sexual, and racial discrimination within their stores. According to a report released by the United States’s Equal Employment Opportunity Commission (EEOC), religious discrimination is also becoming a problem at many workplaces.

The report, released in the summer of 2008, states that over the past 15 years—from 1992 to 2007—religious discrimination has doubled, causing the EEOC to issue a new Compliance Manual Section regarding workplace discrimination on the basis of religion.

Under the Civil Rights Act of 1964, Title VII already prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. The new section does not unveil any new policies or procedures, according to The Workplace Word, a newsletter produced by Snell & Wilmer LLP, a law-firm based in Arizona, but serves as a resource for understanding religious discrimination and how to prevent and resolve it.

The EEOC also reports that in fiscal 2007 alone it obtained more than $6.4 million for individuals charging religious discrimination. Surprisingly, this amount did not include any awards from litigation, but represented the amount the EEOC was able to negotiate through its mediation programs.

If you think you have been a victim of religious discrimination or any other EEOC protected rights, please contact our office to discuss the matter with an attorney.

Wednesday, January 14, 2009

What's The Special?


A very large shark ordered off the menu while out trolling for dinner it seems. He was last seen wearing a gray suit with large pearly whites. When asked why he did not leave a tip he responded that he did not have any pockets in which to carry money. I've heard that one before.

Friday, January 9, 2009

George the lobster gets new lease on life at 140


George the lobster gets new lease on life at 140

NEW YORK -- A new lease on life - at 140? That's what a Manhattan lobster got Friday, when the 20-pound crustacean named George was released from a swanky Park Avenue restaurant's tank. City Crab and Seafood agreed to a request from People for the Ethical Treatment of Animals to let the lobster return to the Atlantic Ocean.

"We applaud the folks at City Crab and Seafood for their compassionate decision to allow this noble old-timer to live out his days in freedom and peace," said PETA President Ingrid E. Newkirk.

Some scientists estimate lobsters can live to be more than 100 years old. PETA and the restaurant gauged George's age at about 140, using a rule of thumb based on the creature's weight.

Caught off Newfoundland, Canada, George lived in the tank for about 10 days. He was to be released Saturday near Kennebunkport, Maine, in an area where lobster trapping is forbidden.

The lobster was to make the trip to Maine in a plastic foam cooler, surrounded by seaweed, cold packs and wet newspapers.

George's life was saved by a diner who notified PETA after spotting the crustacean at the restaurant, where steamed Maine lobster goes for $27 per pound (that's a $97.20 tip), said PETA spokesman Michael McGraw.

He said there have been at least a half-dozen other lobster "liberations" in restaurants around the country.

Bar-B-Que Beach is Hiring BEWARE!!!


Bar-B-Que Beach is hiring. However, it seems that they do not pay the bills over there. I have researched the civil case filings for Miami-Dade County and I found no less that four (4) new civil cases filed against the restaurant and the owner, Tim Wilcox, in the last two months.

Waiters and Food Serive Employees Use More Drugs?


I was researching an issue for one of my cases and I came across information on the U.S. Department of Health and Human Services website that "food preparation workers" and "waiters, waitresses, and bartenders" have the highest rates of illicit drug use amongst U.S. workers.

I suspect that the reason for this is because larger corporations and regulatory agencies such as Ford (upper management flew private jet to ask for billions), the Securities and Exchange Commission (SEC) (Madoff ponzi scheme), and the Federal Government (the "Bush Administration" in particular) do not drug test.

Judging from their behavior, all of these people were clearly "high" on something, how else can you explain their actions?


Industries with the highest rates of illicit drug use

* food preparation workers
* waiters, waitresses, and bartenders
* other service occupation workers
* construction workers
* workers in transportation and material moving

Saturday, January 3, 2009

BAB-B-QUE BEACH BAR AND RESTAURANT

I have heard from two former employees that this is not the place to work if you want to make a steady income and be treated nicely.

I have also heard stories of bounced paychecks and people being fired on the spot for asking to be paid or to have their paychecks honored.

It is awful that this type of restaurant can stay in business by bullying its employees.

If you would like to contribute anything to this post please leave a comment below and include an email address if you would like me to contact you for a possible Fair Labor and Standards lawsuit.


mailto:lowell@kuvinlaw.com