February 18th, 2011 by BMBB Law
Just last month an $18,000,000 settlement was reached in a case where Beranbaum Menken partner Bruce Menken and co-counsel, David Koenigsberg, represented a False Claims Act whistle blower in a Qui Tam case against Young Adult Institute, Inc. (”YAI”). YAI is the largest operator of residential facilities and other programs for developmentally disabled individuals in New York and receives most of its funding from Medicaid. The Complaint alleged that YAI unlawfully obtained Medicaid funds by presenting false and fraudulent claims to federal and state agencies. After Beranbaum Menken and Koenigsberg filed their lawsuit, the United States Attorney for the Southern District of New York and the New York State Attorney General intervened in the case and a settlement was reached to restore the misappropriated funds to the tax payers and reward the former YAI employee for his disclosure.
February 11th, 2011 by BMBB Law
Beranbaum Menken successfully vindicated the rights of a clinical psychologist who was fired by the New York City Health and Hospitals Corporation (HHC) because of his visual impairment, despite his 20 years of devoted service. Our client, who is legally blind, was well-liked by his patients, respected by his peers and admired by his students as an excellent and empathic clinician. Unfortunately, after abruptly discontinuing his reasonable accommodations, HHC trumped up allegations of poor performance and fired him because of his disability. Beranbaum Menken partner Bruce Menken represented the psychologist in a labor arbitration and, after an arbitration that lasted 8 days, the arbitrator ordered HHC to pay our client full back pay and benefits and reinstate him to his job. Rather than reinstate him, HHC agreed in late December 2010 to pay $1,390,000 in full settlement of his claims.
January 31st, 2011 by BMBB Law
Below is information in Russian for employees of Project OHR, relating to the pending lawsuit Severin v. Project OHR, case no. 10CV09696 in the Southern District of New York. An English translation follows.
ВНИМАНИЮ ВСЕХ НЫНЕШНИХ И БЫВШИХ СОТРУДНИКОВ КОМПАНИИ PROJECT OHR
Если Вы работали в компании Project OHR в качестве социального работника (home attendant) и не получали требуемую законом минимальную заработную плату из расчета не менее $7,25 за каждый час работы (включая каждый час, отработанный в ночное время) или не получали доплату в 50% за каждый час работы сверх 40 часов в неделю, то специалисты адвокатской фирмы Beranbaum Menken LLP хотели бы побеседовать с Вами. Фирма Beranbaum Menken LLP подала иск от имени бывшего социального работника (home attendant) компании Project OHR о нарушении порядка выплаты минимальной заработной платы и оплаты сверхурочной работы. Среди прочего, мы утверждаем, что принятый в компании Project OHR порядок оплаты ночной работы по единой ставке (обычно $18), а не по схеме минимальной заработной платы, нарушает закон. Адвокаты нашей фирмы хотели бы побеседовать со всеми, кто работал для компании Project OHR и не получил полагающуюся заработную плату. Просим Вас связаться с адвокатами Джейсоном Розджером (Jason Rozger) или Дженнифер Смит (Jennifer Smith) по телефону (212) 509-1616. За обсуждение этого вопроса с нашими специалистами плата не взимается.
Beranbaum Menken LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 509-1616
www.nyemployeelaw.com
TO ALL PRESENT AND FORMER EMPLOYEES OF PROJECT OHR
If you worked for Project OHR as a home attendant, and you were not paid the legally required minimum wage of at least $7.25 per hour for each hour you worked (including each of the hours that you worked overnight), or if you were not paid one and a half times your regular pay for the hours worked greater than forty in a week, then the law firm of Beranbaum Menken LLP would like to speak with you. Beranbaum Menken LLP has filed a lawsuit on behalf of a former Project OHR home attendant for minimum wage and overtime violations. Among other things, we allege that Project OHR’s policy of paying a flat rate (usually $18) for working overnight, rather than the minimum wage of $7.25 per hour, violates the law. Attorneys at this firm are interested in speaking with anyone who worked for Project OHR and was not paid their proper wages. Please call attorneys Jason Rozger or Jennifer Smith at (212) 509-1616. There is no charge for speaking with us about this matter.
Beranbaum Menken LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 509-1616
www.nyemployeelaw.com.
January 31st, 2011 by BMBB Law
Beranbaum Menken LLP has filed a lawsuit on behalf of a former Project OHR home attendant for minimum wage and overtime violations. Among other things, we allege that Project OHR’s policy of paying a flat rate (usually $18) for working overnight, rather than the minimum wage of $7.25 per hour, violates the law. Attorneys at this firm are interested in speaking with anyone who worked for Project OHR and was not paid their proper wages. Please call attorneys Jason Rozger or Jennifer Smith at (212) 509-1616. There is no charge for speaking with us about this matter.
The lawsuit is captioned Severin v. Project OHR and was filed in the U.S. District Court, Southern District of New York.
December 8th, 2010 by BMBB Law
On November 29, 2010, the Domestic Workers’ Bill of Rights took effect in New York State, making this the first state to provide explicit workplace protections to domestic workers. The new law provides greater rights and protections to thousands of nannies, housekeepers, elder companions, cleaners, baby-sitters and cooks in private households, and imposes substantial new responsibilities on those who employ them. Among other provisions, this law gives domestic workers:
* The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home;
* A full day of rest every seven days, or overtime pay if they agree to work on that day;
* Three paid days of rest each year after one year of work for the same employer; and
* Protection under New York State Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment.
Beranbaum Menken LLP looks forward to working with domestic workers to enforce the protections this new law provides.