Employment attorneys in Orange County have learned that Les Miles is no longer the Head Football Coach at the University of Kansas as he was terminated earlier this week. This move came after sexual harassment allegations were brought forth from his tenure as the Head Football Coach at LSU. Mr. Miles was initially put on administrative leave by Kansas, but the separation is now complete and permanent. The specific terms of his departure will be made public in the days to come. Jeff Long, University of Kansas Athletic Director, said that an outside firm was hired to assist the school in its immediate search for a new head coach. Mr. Long also said that he was very disappointed for the fans, the University, and everyone associated with the school’s football program. Long also mentioned their ultimate goal is continuing to win football games.
Photo Credit Sports Pulse – Jeff Wolken
Reports of Sexual Misconduct Allegedly Mishandled
Following a series of investigative reports from USA Today, a legal firm was hired by LSU to investigate the way the school and its athletic department allegedly mishandled sexual harassment accusations, as well as accusations of domestic abuse. That investigation uncovered multiple claims of harassment by female LSU students against Mr. Miles, which ended with a recommendation from then-LSU athletic director, Joe Alleva, to terminate Mr. Miles with cause. In spite of this recommendation, however, Mr. Miles retained his employment at LSU until he was let go following a 2-2 start in 2016. Mr. Long then hired Mr. Miles as the Head Football Coach at Kansas a few years later, but his former issues have once again caught up to him.
Multiple Sexual Harassment Accusations from Female LSU Students
One of the many incidents investigated was one that took place in 2013, when a female student alleged that Mr. Miles told her she was good looking and kissed her twice without her permission. The accusation was denied by Mr. Miles, but the report went on to say it appeared that he executed poor judgment by creating a situation in which a student employee was made to feel uncomfortable.
The report, created by the law firm Husch Blackwell, was released last week and stated that an employee of the athletic department referred to one student as “completely traumatized” after alleged contact with Mr. Miles. Following the conclusion of the 2013 investigation, LSU banned Mr. Miles from communicating with female students or being alone with them in any setting.
Photo Credit – USA Today- Jeff Biggerstaff
Mr. Miles Speaks of a Bright Future for Kansas Football
Mr. Miles described his termination as “difficult” for he and his family, and he said that he loved the school and the students in the football program. He expressed confidence that the football program is in a better place now than it was when he initially took the position. He encouraged student athletes at the school to earn their degrees and spoke of a bright future for them and for Kansas football.
Peter Ginsberg, Mr. Miles’s sexual harassment attorney, stated that he was “unfairly maligned.” With regard to the team, however, Kansas is in a difficult situation with spring football on the horizon, as the Jayhawks are now missing a Head Coach for the rest of March. Kansas said that a nationwide search for a new coach was launched on Monday, and, in the interim, Mike DeBord will serve as the acting head coach for the team.
Andrew Cuomo, New York Governor, has been accused of sexual harassment by a former aide, who has referred to him as “a textbook abuser.” Cuomo’s former Health Policy Advisor and Executive Assistant, Charlotte Bennett, told CBS Evening News that the governor tried to proposition her for sex last spring, during what she described as a very uncomfortable encounter. She stated that she remembered thinking she needed to get out of the room as soon as possible because the governor was “propositioning [ … her] for sex.”
Bennett claimed it was one of many incidents in which Cuomo, who is 63 years old, acted inappropriately. Cuomo is facing similar charges from two other women. The former Chief of Staff of the Economic Agency in New York, Lindsey Boylan, said the governor inappropriately touched and kissed her during a private meeting. Another accuser, Anna Ruch, who, unlike the other two women, did not work for Cuomo, stated that he put his hand on her bare lower back in 2019 at a friend’s wedding.
Photo by Andrew Kelly – Reuters
Bennett Calls the Governor “a Textbook Abuser”
Bennett described Cuomo as “a textbook abuser” who allows his temper and anger to run the workplace, although she said he was very sweet to her for approximately a year. Bennett contends Cuomo only acted this way in the hopes of becoming more than her friend. Bennett claims the governor constantly questioned her about her history as a survivor of sexual assault and repeatedly asked questions about her current love life. She said that she believes abusers look for previous traumas or other vulnerabilities in those they target, as those who have such a history may view a harasser’s behavior as acceptable.
Bennett’s Attorney Contradicts Cuomo’s Statements
In a statement to Law and Crime, Debra Katz, Bennett’s sexual harassment attorney, alleged that Cuomo’s press conference was full of lies and inaccurate information, particularly when he stated that he never meant to harm anyone and that he was embarrassed to discover that he made anyone uncomfortable.
Katz went on to say that Bennett reported the alleged harassment immediately to the governor’s chief of staff and chief counsel, and she believes further investigation will prove that both failed to act in Bennett’s best interests and that this was a violation of their legal duty. The governor maintains whatever happened was not intentional on his part and he was unaware he was acting inappropriately.
Lindsey Boylan, who was first to come forward with sexual harassment allegations, tweeted to the governor asking him how the people of New York could trust him if he was unaware that he was being inappropriate with his own staff. Boylan accused the governor of harassment during multiple incidents over the course of two years, which included the governor kissing her on the lips without her consent.
All claims of sexual harassment are being investigated by Letitia James, New York’s Attorney General. Those who believe they have been victims of harassment, or who have been falsely accused of such activity, should consult an employment attorney in Orange County for advice and guidance.
Orange County employment attorneys have learned that a former high-ranking supervisor at a District Attorney’s Office suddenly left his position in December 2020 after harrassment charges were filed agianst him: Gary Logalbo allegedly made racist comments, and three female employees accused him of sexual harassment.
The three female prosecutors accused Logalbo of continuous harassment consisting of inappropriate comments and suggestions. They made these accusations and filed claims against Logalbo, current district attorney Todd Spitzer, and the county itself. Logalbo was recently promoted to a high-ranking position, and his duties included overseeing prosecution operations at various court houses in the county.
Photo by Eleanor Segura – Daily Titan
Allegations of Sexual Harassment Date Back to 2019
The internal complaints, which typically form the basis for harassment lawsuits, were filed in January anonymously, and the individuals are seeking damages for sexual harassment that they allege took place since 2019. One claimant said that when she leaned over to plug a cord into an electrical outlet, Logalbo took a picture of her buttocks with his cell phone, stating that he would save it for “later use.” He was also accused of making a racist remark that targeted a deputy public defender whose name was of Middle Eastern ethnicity. It was said that he referred to the man as a terrorist.
The three women alleging sexual harassment claim they delayed reporting the conduct because Logalbo appeared to have “best friend” status with Spitzer, who acknowledged the connection but claimed the two were not as close as suggested. Spitzer stated that he immediately took action as soon as he was aware of the allegations, and began an investigation. In an email to the Orange County Register, Spitzer referred to the specifics of the claims as “beyond disturbing” and “reprehensible.” However, he maintained that he had no knowledge of the allegations until the complaints were filed.
Logalbo Abruptly Resigns Shortly After Being Promoted
Logalbo was given the senior assistant district attorney position in September 2020, and his promotion became effective on November 13, 2020. Shortly thereafter, on December 11, 2020, Logalbo abruptly resigned.
Some of the women accused Logalbo of doing things like knocking on the closed office doors of women and asking “are you naked?” Other allegations included him sneaking up on female subordinates and placing a cold soda can against their bare necks or backs. One woman alleged that Logalbo threatened to “spank” a female attorney, and told another he wanted to wear her panties like a hat on his head. Still another claimant accused Logalbo of attempting to adjust the back label of her sports bra that was presumably sticking out, as she prepared for a workout. She claimed that he tried it again later, but she ducked away.
Documents Filed by Attorneys in Orange County Claim Witnesses Were Involved
Attorney Matt Murphy, former homicide prosecutor and now a private attorney, filed the documents for the case. Murphy said the report stated that other high-level prosecutors were witnesses to certain episodes of harassment, but that they took no action to stop the conduct.
Spitzer told the Orange County Register that he took action as soon as the problem was brought to light and provided a timeline to the mewspaper. Ultimately, Logalbo was placed on paid leave on December 11, 2020, but resigned the same day. The Register was unable to reach Logalbo for comment.
District Attorney Todd Spitzer (Photo by Jeff Gritchen, Orange County Register)
Allegations of sexual harassment are once again dogging professionals in the world of sports. On Tuesday, multiple accusations of inappropriate behavior were made against Mickey Callaway, the former manager of the New York Mets. Callaway was expected to serve as the pitching coach for the Los Angeles Angels until his recent suspension.
Mickey Callaway – AP Photo/Greg Beacham
Bombshell Report of Alleged Sexual Harassment
The Athletic published a story on Monday in which five female journalists accused Callaway of a broad range of inappropriate behavior, from continuous lewd text messages to sharing shirtless photos and requesting explicit photos back from the women he was texting. He reportedly also offered to share baseball related information if a woman “got drunk” with him. These incidents allegedly took place when he was manager of the New York Mets.
Callaway was suspended by the Los Angeles Angels on Tuesday, and Marie Garvey, spokesperson for the team, said they plan to work with Major League Baseball in an ongoing investigation. She stated that the reported behavior violates the values and policies of the Angels Organization. MLB stated that they never knew about any accusations against Callaway.
Callaway was formerly the pitching coach for the Cleveland Indians, and allegations of harassment and inappropriate behavior span his last three jobs, dating back to 2013. Following two seasons as Mets’ manager, the 45-year-old Callaway was hired as pitching coach for the Angels in October 2019.
An anonymous accuser told The Athletic that Callaway was constantly preying on women, and certain people described his behavior as an open secret within the game. Nevertheless, it appears that Callaway rarely had trouble finding desirable jobs in his field.
Alderson Appalled, But Callaway Maintains Innocence
According to Yahoo News, Sandy Alderson, Mets’ General Manager, stated that he was appalled when he first heard about the allegations and said he was not aware of this pattern of behavior, nor had he previously heard of any of the conduct described by the five journalists.
He stated that a review of their current hiring process is underway to make sure that a more comprehensive and thorough vetting of new employees is done in the future. Callaway, who may decide to seek the advice of an employment attorney in Orange County or elsewhere, stated that his conduct was not intended to be disrespectful, and that the relationships he was engaged in were consensual. The former pitching coach is married with children and stated that his wife had been made aware of the journalists’ accusations.
Twitter Response from Los Angles Angels
Women Warned About Callaway’s Behavior
The five women did not say whether or not they had hired a sexual harassment attorney, but two of them indicated that they were warned in advance about Callaway’s behavior by people who worked in baseball, as well as by some of their colleagues in the media world.
Callaway was not the only Mets’ high ranking employee to find himself accused of sexual harassment in recent months. As Yahoo News reported, Jared Porter was fired by the New York Mets on January 19 after the release of an ESPN report in which he was accused of aggressively harassing a foreign reporter with explicit photos and unwanted advances. He was fired only 37 days after being hired.
It remains to be seen if Callaway will be charged with any type of sexual harassment, or what the accusations will mean for his career in the future.
After Confessing to Harassing Texts, Jared Porter is Fired as Mets GM
Employment attorneys in Orange County have learned that on Monday night, Jared Porter, the newly hired General Manager of the New York Mets, confessed to sending explicit, harassing texts to a female reporter in 2016. According to ESPN’s Jeff Passan and Mina Kimes, who first broke the story, the incidents took place when Porter was the Director of Professional Scouting for the Chicago Cubs in 2016. Only hours after Porter admitted to sending the texts, Steve Cohen, the Mets’ new owner, fired him. The woman, who may have already sought the advice of sexual harassment attorneys, has communicated with ESPN on the basis of anonymity.
Photo by World News
Allegations of Multiple Inappropriate Text Messages and Pictures
The woman claims Porter sent in excess of 60 texts that she did not answer. She alleges these texts commenced with a lewd picture of a man’s erection. Forty-one-year-old Porter claimed that the explicit picture was not a selfie, but rather a stock image that was more or less meant as a joke. However, he had initially denied sending the female reporter any photos at all when he was first questioned by ESPN.
Porter Fired Tuesday Morning
The decision of the Mets to fire Porter was announced in a tweet early Tuesday morning. The Cubs and the Mets denied having any knowledge of the incident until Monday evening. A statement issued Tuesday morning by Mets’ president Sandy Alderson said that Porter’s conduct regarding the texts didn’t meet the Mets’ standards for personal conduct and professionalism.
First Meeting Leads to a Flurry of Sexual Texts
Porter met the woman in June 2016 in an elevator at Yankee Stadium, after she had moved to the U.S. to cover Major League Baseball as a foreign correspondent. The initial encounter is said to have been brief, although contact information was exchanged. Later that afternoon, Porter allegedly began texting the woman and asked her three different times to have a drink with him that night. She reported to ESPN that she agreed because she believed Porter was volunteering himself as a source of information about baseball and did not think the meeting would be personal. Nevertheless, she eventually canceled drinks that night and asked if they could instead meet the following day.
Photo by ESPN
Female Reporter Cuts off Communication After Receiving Sexual Texts
Porter continued to text her, asking if she was involved with anyone and sending her an unsolicited selfie which contained the text “Like?” The woman did not respond to the text. At one point, Porter asked the woman to send him a picture of herself in return. She said that because this is a common practice in her country, she felt obliged to send the selfie. Porter send her three additional pictures; one appeared to be a photo of his crotch with an obvious bulge indicating an erection. The woman claimed she then cut off communication with Porter after receiving these final texts.
Photo by InsideExpress
Over the next several weeks, Porter reportedly sent multiple photos and approximately 62 unanswered texts to the woman. In one text, sent when they were both at Wrigley Field, he remarked about how beautiful she was. She claimed that the text made her panic and motivated her to hide from Porter.
Porter then texted her requesting that she meet him at a Los Angeles hotel. He allegedly sent her a series of texts the following day as well, including 17 photos, one of which was a nude, erect penis. According to ESPN, the woman eventually showed some of the messages and sexual photos to a player from her home country, who urged her to tell Porter to stop and assisted her with a written response. It is unclear if the woman is currently represented by sexual-harassment lawyers.
Can sexual harassment exist of the perpetrator and the victim are not coworkers?
Under California’s Fair Employment and Housing Act (“FEHA”), which is often broader than federal law, harassers can consist of employers, labor organizations, employment agencies, apprenticeship training programs, any training programs leading to employment, or any person. Victims of harassment can include employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract. Organizations, such as the Mets, often have a zero-tolerance policy with respect to sexual harassment, in particular for leaders at the highest levels of the company.
If you believe you have been sexually harassed in the workplace, please call one of our employment attorneys at 949-629-2519, or fill out the form on the contact page.
Source Article: Yahoo! News
Retail Giant H&M Settles Class-Action Suit for $3.8 Million
Retail giant H&M plans to pay a settlement of $3.8 million to refute allegations that off-the-clock work is not paid for by the company. The amount will be distributed to H&M employees who were allegedly affected by the establishment’s conduct regarding this matter. A portion of the money will also go to California Labor and Workforce Development Agency and toward employment attorneys’ fees. The settlement now awaits preliminary approval from United States District Judge Edward J. Davila.
H&M and the employees involved in the class-action lawsuit agreed to settle the dispute so that the costs and risks of continued litigation could be avoided. Workers involved in the lawsuit stated they believe the compensation offered in the settlement was fair.
Why the Plaintiffs Would Rather Settle Versus Litigate
Employees explained some of the reasoning behind their willingness to make the motion requesting approval of the settlement rather than continuing to litigate. For most workers involved in the suit, their hesitancy to continue litigating stemmed from concerns about the ultimate cost of trying the case, as well as the possibility, however slight, that they might lose.
For example, one of the complaints they feared might fail in court was their issue with the company’s policy requiring them to complete a security check when their shifts commenced. With regard to wage and hour violations, compensation for the security check could go either way during a trial. If this were the case, it would likely be due to the “de minimis rule” of the Fair Labor Standards Act, which prohibits employees from suing over minuscule amounts of unpaid time that are so short that it is viewed as unreasonable to expect compensation. California law, however, is generally more liberal than the Fair Labor Standards Act, finding such time to be compensable in most instances.
How Settlement Funds Are Distributed
According to employment attorneys in Orange County, the terms of the H&M wage settlement state that the California Labor and Workforce Development Agency will be paid $75,000 of the $3.8 million, and $41,750 will go to administrative funds. Attorneys’ fees will be approximately $1.27 million, $250,000 is earmarked for legal costs, and workers will receive $15,000 each.
Class Certification Awarded Despite H&M’s Attempt to Prevent It
The class-action lawsuit brought forth by the retailer’s employees survived the company’s attempt to stop workers from gaining class certification. This failed for some claims, but the plaintiffs were ultimately granted class certification. Employees asked Judge Davila for certification of a group of H&M workers who have worked for the retailer since the fall of 2019 and are not exempt from overtime.
The Gray Area of Before-and-After Duties
Employees who perform shift work may encounter tasks before and after their designated start and end time, and some companies may attempt to circumvent payment for such duties. These include those listed in the class-action suit against H&M. Other examples include the time it takes for a person to change into a uniform. If it is essential to the principal activities of their employment, workers must be compensated for the time it takes to don the uniform, according to the Society for Human Resource Management (“SHRM”).
Not all jobs require one to perform duties prior to the start and following the end of a shift; however, federal law requires employees to be paid for many tasks that are outside their typical shift or duties, but nonetheless mandatory. For example, in certain industries, workers may have to attend meetings or participate in trainings. The Fair Labor Standards Act requires employers to pay workers for lectures and training as well as additional activities, provided they are job-related and mandatory. California employees may be able to receive compensation for such pre and post shift tasks even if the time is “de minimus” as California law follows a different standard than the federal Fair Labor Standards Act. An employment attorney is the best person to speak to if a worker has questions about wage and hour violations or other work-related issues.
Source Article: https://topclassactions.com/lawsuit-settlements/employment-labor/hm-settles-wage-and-hour-class-action-for-3-8m