The Face Modeling Competition Winner Devyn Abdullah Files Complaint Seeking Payment of Withheld Portion of Ulta Beauty Contract Award Against Direct Model Management, Inc. and Owner Mykola Webster

On April 21, 2015, The Dugger Law Firm, PLLC filed a federal complaint on behalf of Devyn Abdullah, the first winner of The Face television modeling competition, against her former modeling agency, Direct Model Management, Inc., as well as Direct owner and president Mykola Webster, and Direct head of finance Atiff Joseph, for violations of federal and state wage and hour laws, as well as breach of contract.  

The complaint alleges that Defendants misclassified Ms. Abdullah as an independent contractor in violation of the Fair Labor Standards Act and the New York Labor Law.

Among other violations, Ms. Abdullah alleges that Defendants withheld, and otherwise failed to pay her, at least $13,000 of her wages from The Face competition award of a $50,000 contract with Ulta Beauty. 

The complaint also alleges that Defendants failed to pay Ms. Abdullah for work with several additional modeling industry clients.

Ms. Abdullah seeks payment of minimum wages, payment of unpaid earned wages, liquidated damages with respect to minimum wages that were eventually paid but were not paid promptly, reimbursements for illegal deductions, additional associated liquidated damages, as well as damages for breach of contract and New York Labor Law recordkeeping violations.

The case is Abdullah v. Direct Model Management, Inc., et al., No. 15 Civ. 03100, in the United States District Court for the Southern District of New York.

For more information contact Cyrus E. Dugger at cd@theduggerlawfirm.com or (646) 560-3208.

NY Times: New York City Discriminated in Paying Managers, Commission Finds

In what must be a highly disconcerting report for the progressive De Blasio administration:

A federal commission on fair employment practices found that New York City has engaged in a broad pattern of discrimination, paying minorities and women substantially less than their white male counterparts, and recommended on Monday that it pay hundreds of millions of dollars in back wages and other damages.

* * *

Specifically, the commission found that “structural and historic problems” have resulted in the pay of minorities and women being suppressed.

“This rate of pay is much less than their white male counterparts’ in similarly situated jobs and titles,” according to the commission’s findings.

After completing its investigation, the federal commission recommended that the city enter into conciliation efforts with the panel. If the city fails to make an offer by April 17 and enter conciliation talks, the matter will move to the Justice Department, which would most likely file suit against the city. (continue reading)

It will be very interesting to see what happens before the April 17 deadline.

The Dugger Law Firm, PLLC Has Filed a Sex Discrimination Class Action Against the NYC Department of Education, Principal Rashaunda Shaw, Ast. Principal Dayne McLean, and Ast. Principal Sharon Spann

The Dugger Law Firm, PLLC and The Law Office of Daniela Nanau, P.C. have filed a sex discrimination class action lawsuit against the New York City Department of Education, Globe School for Environmental Research (“Globe”) Principal Rashaunda Shaw, Globe Assistant Principal Dayne McLean, and Globe Assistant Principal Sharon Spann. 

Plaintiff Lisa B. Deleo alleges violations of Title VII, the New York City Human Rights Law, and 42 U.S.C. § 1983.

The amended complaint alleges that Assistant Principal McLean repeatedly sexually harassed Ms. DeLeo, culminating in a confrontation in which Assistant Principal McLean sexually gyrated in front of Ms. DeLeo while she was alone in her office.  In addition, the amended complaint alleges that, following Ms. DeLeo’s complaints of harassment, the New York City Department of Education, Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann retaliated against her because of her complaints.

The amended complaint also alleges that the New York City Department of Education, Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann have created and/or permitted a sexually hostile and retaliatory hostile work environment for non-management female employees at Globe.

Ms. DeLeo seeks certification of a class of all non-management female employees at Globe, from January 2012 through the resolution of the lawsuit, against the New York City Department of Education, as well as Principal Shaw, Assistant Principal McLean, and Assistant Principal Spann in their individual capacities. 

The case is Deleo v. New York City Department of Education, No. 15 Civ. 00591, in the United States District Court for the Southern District of New York.

California Uber and Lyft Driver Misclassification Cases Survive Summary Judgment

Two federal judges have held that whether Uber and Lyft drivers are employees or independent contractors under California law cannot be decided on summary judgment and must be decided by a jury:

"Two landmark lawsuits that claim that drivers for ride-hailing services Uber and Lyft should be considered employees rather than contractors will both go to jury trial, two U.S. judges ruled Wednesday. The decisions could have a ripple effect on the business models of the burgeoning on-demand and sharing economies." (link)

The Uber decision is available here and the Lyft decision is available here.

This is a big win for workers. 

Scientific America: Sick Days for Workers Keep Businesses Healthier

An excellent article from the Board of Editors of Scientific America on the overall benefits to businesses that result from liberal sick day policies:

Pushing employees with the flu or a stomach bug to drag themselves into the office means more absences, not fewer. Workers who are not able to take paid time off to see a doctor are more likely to take six or more sick days a year than are those who can take time off, according to a 2005 Commonwealth Fund report. Overall, workers who are ill while on the job account for anywhere between 18 to 60 percent of workforce productivity losses, according to a 2004 review of estimates in the Journal of Occupational and Environmental Medicine. cdc data also show that employees without sick leave are more likely to get injured on the job and are less likely to get preventive health screening for cancer.

Experience suggests that paid sick leave does not hurt the bottom line. Sixteen U.S. cities and the states of Connecticut, Massachusetts and California have passed regulations that typically allow workers to earn one hour of paid sick leave for every 30 hours on the job. A 2013 audit by the city of Washington, D.C., found no evidence that its five-year-old paid sick leave law had prompted businesses to leave the area or discouraged new companies from coming in. On the West coast, San Francisco continued to outperform nearby Bay Area cities in job growth after it implemented a paid sick leave law in 2007. There are expenses: employers have to bear a small increase in base pay for employees who use leave, for instance. But productivity and public health benefits outweigh these costs. (link)

Of special potential concern to those opposing liberal sick leave policies should the implications of the absence of such polices with respect to their restaurant dining experience:

Data published in 2013 by the U.S. Centers for Disease Control and Prevention indicate that one in five restaurant workers clocked in even when they were suffering from diarrhea and vomiting, the two main symptoms of norovirus. That formidable group of nausea-inducing viruses causes about half of all foodborne illnesses in the U.S. Bringing those harmful microbes into the workplace puts customers at risk. (link)

Opponents of liberal sick day policies should remember . . . you are what you eat.

Although,  New York City recently passed a progressive sick day law, New York State has yet to do so.

Law 360: How to Avoid Office Romance Woes This Valentine's Day

From Law 360: 5 Ways Employers Can Avoid Office Romance Woes

The Dugger Law Firm, PLLC & Outten & Golden LLP File Sex Discrimination Class Action Against Connecticut Department of Correction

On January 14, 2015, Denisha Davis filed a sex discrimination class action complaint in the District of Connecticut against the Connecticut Department of Correction. 

The lawsuit follows earlier litigation in Easterling v. Connecticut Department of Correction, in which a federal court held in 2011 that the state fitness test violated Title VII and found for the job applicant plaintiffs.  The new lawsuit alleges that the state’s revised physical fitness test – which modified only one aspect of the test from a 1.5-mile run to a 300-meter dash – continued to have an adverse impact on women.

 The press release is available here.

Are Women Penalized for Being the First to Volunteer in the Workplace?

This very interesting NY Times opinion piece (and the studies is cites) is a must read for human resources personnel and members of management involved in making promotion decisions.

A short overview of the argument:

"Women help more but benefit less from it. In keeping with deeply held gender stereotypes, we expect men to be ambitious and results-oriented, and women to be nurturing and communal. When a man offers to help, we shower him with praise and rewards. But when a woman helps, we feel less indebted. She’s communal, right? She wants to be a team player. The reverse is also true. When a woman declines to help a colleague, people like her less and her career suffers. But when a man says no, he faces no backlash. A man who doesn’t help is 'busy'; a woman is 'selfish.'" (link)

New York Times: Gender Bias Case Against Sterling Jewelers Can Proceed

Available here and excerpted below:

"An arbitrator overseeing a gender discrimination case against Sterling Jewelers, parent of 12 chains in the United States including Kay Jewelers, has certified a class of thousands of women to proceed to trial.

Women in the class may pursue a claim challenging Sterling’s pay and promotion practices, the arbitrator, Kathleen A. Roberts, a retired United States magistrate judge at the dispute resolution company JAMS, said in a ruling Monday night." (link)