J&K Presskit 2018

“Particularly impressive�

(E.D.N.Y. 2016) “The best in breed�

(S.D.N.Y. 2015)

“Laudable zeal�

(S.D.N.Y. 2019)

Over $140 Million Recovered

MAJOR VICTORIES International Financial Services Firm

Major Events Venue $8.5 MILLION

Healthcare Corporation $7.5 MILLION

Mario Batali $5.25 MILLION

Major Catering Company $4.75 MILLION

Burberry $3.99 MILLION

Major Catering Company $3.5 MILLION

Nobu $2.5 MILLION

River Cafe $2 MILLION

$16 MILLION

Heartland Brewery $1.4 MILLION

Tech Company

Bagatelle

Major Law Firm

$1.165 MILLION

$1.1 MILLION

$2.5 MILLION

ISSUE 2018

THE WORKER’S RIGHTS DEFENDERS

SEXUAL HARASSMENT

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11

WAGE THEFT

DISCRIMINATION

17

03

The Workers’ Rights Defenders

Joseph & Kirschenbaum is a litigation boutique exclusively focused on plantiffs’ employment law. Since 1997, Joseph & Kirschenbaum has recovered more than $140 MILLION for clients. We built a reputation as relentless advocates for victims of discrimination and illegal employment practices, scoring impressive legal victories on behalf of individual workers and groups of employees who suffered every type of injustice in the workplace.

Joseph & Kirschenbaum has a record of frequent, large, and high-profile legal victories, from Fortune 50 companies to mom and pop shops, with a particularly distinguished record against restaurants and the hospitality industry.

Our focus areas: WAGE THEFT SEXUAL HARASSMENT DISCRIMINATION

02

1 $8.5 MILLION settlement against [a] banquet hall, “which is believed to be the largest settlement of its kind.� (Grub Street) 2 $5.25 MILLION settlement against Mario Batali, “at the time it was likely the largest ever settlement of its kind.�

(American Prospect) 3 In 2011, “Maimon Kirschenbaum . . . has won at least $30 MILLION in settlements on behalf of NYC restaurant employees�

(Gawker) 4 Grub Street declares, “If you follow restaurants in New York at all, you’ve seen or heard Maimon Kirschenbaum’s name.�

5 The American Lawyer named Maimon Kirschenbaum “Litigator of the Week� in 2015, praising Kirschenbaum for “raising novel questions about what it means to practice law� and “taking on top law firms over their failure to pay overtime.�

SOUTHERN DISTRICT JUDGE:

“I think Mr. Kirschenbaum and Ms. Schulman and their firm are THE BEST IN BREED – of firms doing this kind of work.�

Lola v. Skadden, Arps, Meagher, Slate & Flom LLP and Tower Legal Staffing, Inc., (S.D.N.Y. 2015)

EASTERN DISTRICT JUDGE:

“Counsel’s advocacy in this case was PARTICULARLY IMPRESSIVE,� POINTING TO “their integrity, the clarity of their written submissions, and the doggedness with which they pursued relief for their clients.�

Widjaja et al v. Kang Yue USA Corporation et al., (E.D.N.Y. 2016)

SOUTHERN DISTRICT JUDGE:

“ e necessary and effective representation of the CLASS'S INTEREST IS IN GOOD HANDS . . . I am not going to go into again how wonderful they are.�

Alisa Agofonova, et al. v Nobu, (S.D.N.Y. 2009)

SOUTHERN DISTRICT JUDGE:

Joseph and Kirschenbaum "VIGOROUSLY AND SUCCESSFULLY" argued their case, demonstrating "LAUDABLE ZEAL."

Prabir v. Bukhara Indian Cuisine, Inc., (S.D.N.Y. 2019)

JOSEPH & KIRSCHENBAUM

Joseph & Kirschenbaum built its reputation winning wage theft cases. With high-profile cases against New York’s top restaurateurs and restaurants, including Mario Batali, Nobu, and Bagatelle, Joseph & Kirschenbaum has recovered millions for restaurant workers. In addition to high-end restaurant cases, Joseph & Kirschenbaum led the fight against service charge abuses, winning the largest recovery of its kind against a banquet hall for wrongfully keeping service charges.

Focus on :

Tip theft Overtime violations FLSA violations Minimum wage

aggressively litigates wage theft violations, fighting for the rights of restaurant employees, hospitality workers, and other employees. For his tireless advocacy, Maimon Kirschenbaum has been called “the patron saint of underpaid waiters� (Grub Street) and “the legal thorn in the restaurant industry’s side.�

(Eater)

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Joseph & Kirschenbaum, The Legal Authorities on Wage Theft A U.S. District judge declared,

In 2011, Gawker reported,

“I think Mr. Kirschenbaum and Ms. Schulman and their firm [Joseph & Kirschenbaum] are THE BEST IN BREED – of firms doing this kind of work.”

“Maimon Kirschenbaum . . . has won at least $30 million in settlements on behalf of NYC restaurant employees”

In a major wage theft case, a U.S. District Judge said the case was "IN GOOD HANDS" with Joseph and Kirschenbaum, adding "I am not going to go into again HOW WONDERFUL THEY ARE."

Another U.S. District Judge stated, “[Joseph & Kirschenbaum’s] advocacy in this case was PARTICULARLY IMPRESSIVE” noting “their INTEGRITY, the CLARITY of their written submissions, and the DOGGEDNESS with which they pursued relief for their clients.”

A third U.S. District Judge praised Joseph and Kirschenbaum for "VIGOROUSLY AND SUCCESSFULLY" arguing their case, noting their "LAUDABLE ZEAL."

Grub Street declares, “If you follow restaurants in New York at all, you’ve seen or heard Maimon Kirschenbaum’s name.”

“In April 2012, Kirschenbaum won an $8.5 million class-action settlement against [a] banquet hall, which is believed to be the largest settlement of its kind. . . . in 2009, Kirschenbaum won $2.5 million for Nobu workers.”

(Grub Street, 5/24/2013)

WAGE THEFT

International Financial Services Firm $16 MILLION recovery

Major Events Venue $8.5 MILLION recovery

Mario Batali $5.25 MILLION recovery

Healthcare Corporation $7.5 MILLION recovery

Major Catering Company $4.75 MILLION recovery

Burberry $3.99 MILLION recovery

Major Catering Company $3.5 MILLION recovery

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Heartland Brewery $1.4 MILLION recovery

Nobu $2.5 MILLION recovery River Cafe $2 MILLION recovery

Balthazar/ Pastis $1.48 MILLION recovery

Milos $1.975 MILLION recovery 21 Club $2 MILLION recovery Manhattan Restaurant $1.25 MILLION recovery

Bagatelle $1.1 MILLION recovery

WAGE THEFT

Joseph & Kirschenbaum: A Major Name In Wage Theft 1 In a profile of name partner Maimon Kirschenbaum, Grub Street asks “Why are New York’s Chefs Afraid of this Man?"

3 Eater declares Kirschenbaum “notorious” and “the restaurant industry’s favorite lawyer.”

2 The Huffington Post reports Kirschenbaum earned his name “‘the scourge of restaurateurs’ because of his proclivity for legal action against high-profile restaurants.”

9/02/2010

5/8/2011

“RESTAURATEURS UNDER SIEGE”

“FOR RESTAURANTS, MORE LAWSUITS ON THE MENU”

Some of the city's hottest chefs and restarateurs are increasingly being targeted by lawsuits filed by a handful of attorneys on behalf of small numbers of employees.

The suits have similar allegations: that restaurants are depriving low-level employees of due tip wages in violation of state and federal labor laws. Some also allege that restaurants fail to abide by a state law requiring that employees receive an extra hour of pay if they work for 10 or more hours in one day. They seek unpaid wages and tips, interest, liquidated damages and attorney's fees, and all seek class-action certification.

Nearly a dozen suits filed against high-profile restaurants over the past year were lodged by Outten & Golden or Maimon Kirschenbaum of Joseph, Herzfeld, Hester & Kirschenbaum LLP. [Kirschenbaum] dismissed criticisms. "We don't chase people, people chase us," he said.

"They're being wronged, they're being taken advantage of by big corporations with a lot of power."

Some say the suits underscore longstanding labor violations in the industry. "I think there are a lot of practices in the restaurant industry that were going on for a long time that were ripe for litigation," said Cynthia Estlund, a professor at New York University School of Law. https://www.wsj.com/articles/SB10001424052748703 882304575465913350852120

D. Maimon Kirschenbaum is hardly a household name, but that's not true of the chefs and restaurants he regularly sues. Jean-Georges Vongerichten, BLT, Nobu and Red Lobster, to name a few, have collectively forked over millions of dollars to the lawyer and his clients, who are restaurant workers.

Mr. Kirschenbaum has filed more than 100 lawsuits—mostly over how restaurants pay out tips to employees and calculate wages. In the process, he has carved a lucrative niche for himself and his six-attorney firm, Joseph Herzfeld Hester & Kirschenbaum, garnering more than $20 million in settlements.

“I was very lucky,” said the 2005 Fordham Law School graduate. These cases “landed on my doorstep.” https://www.crainsnewyork.com/article/20110508/S MALLBIZ/305089994/for-restaurants-more-lawsui ts-on-the-menu

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5/24/2013

“WHY ARE NEW YORK’S CHEFS AFRAID OF THIS MAN?” If you follow restaurants in New York at all, you’ve seen or heard Maimon Kirschenbaum’s name. It’s synonymous with — some would say infamous for — a steady stream of wage-violation lawsuits brought against star chefs such as Mario Batali, Daniel Boulud, and Keith McNally (he’s won settlements from all three).

Sitting in his office in the Woolworth Building near City Hall, Maimon Kirschenbaum doesn’t look like the man whose lawsuits Joe Bastianich once accused of “shaking the very foundation of Manhattan’s restaurant industry.” Dressed in a Gap hoodie, jeans, and Nikes, the 34-year-old looks more like a kid just out of yeshiva. He even has a signed David Tyree photo on his wall.

But by his own count he’s filed somewhere between 100 and 200 suits on behalf of restaurant employees (he filed one against SD26 in mid-March). He’s been called things like the “scourge of restaurateurs” or, less dramatically, a thorn in the industry’s side — one that’s cost New York restaurateurs north of $40 million in legal settlements.

Here’s how the suits work. The complaints address any of three types of violations: restaurant owners who require staff to share tips with managers or back-of-the-house staff, fail to pay employees for all hours worked (altering time cards to avoid overtime pay, for example), or charge mandatory tips at private events without properly distributing them to the staff.

One thing that isn’t up for debate are Kirschenbaum’s results: In April 2012, Kirschenbaum won an $8.5 million class-action settlement against Pier Sixty banquet hall, which is believed to be the largest settlement of its kind (workers claimed they weren’t receiving their share of service charges); in 2009, Kirschenbaum won $2.5 million for Nobu workers who sued the sushi restaurant for tip and wage violations; and in 2008, he filed yet another wage and tip violation against Pastis and Balthazar, eventually winning a settlement of $1.5 million.

The most famous victory was against Mario Batali and Joe Bastianich, whom Kirschenbaum issued a class-action complaint alleging wage and tip violations in 2010 that eventually led to a $5.25 million settlement that was distributed among 117 plaintiffs and others who worked for the eight restaurants in question between 2004 and 2012.

Kirschenbaum clearly has New York’s chefs and restaurant owners spooked. Every single chef we approached for this story wouldn’t speak on-record, except one: Moshe Wendel, the chef-owner of Pardes, a kosher restaurant in Boerum Hill where Kirschenbaum is a regular. “I find him to be a very sweet, personable guy,” Wendel says. “But I don’t know him on the wrong end of the gun.” http://www.grubstreet.com/2013/05/maimon-kirsche nbaum-profile.html

9/7/2016

“MARIO BATALI SETTLES TIP LAWSUIT FOR $5.25 MILLION” Mario Batali’s long-running legal dispute with workers at his New York restaurants, over improperly withheld tips, is almost over.

Law360 reported Tuesday, and publicly available court documents confirm, that Batali and his business partners will settle the class action suit, which began in July 2010, for $5.25 million.

The money represents compensation for what the plaintiffs have described as a pervasive, illegal pattern of tip skimming. They say that Batali’s restaurants, among other misdeeds, took four to five percent of tips given to servers for alcohol and wine sales to pay sommeliers’ salaries.

The 117 plaintiffs in the suit . . . are represented

by New York law firms Outten & Golden LLP and Joseph, Herzfeld, Hester & Kirschenbaum LLP. Maimon Kirschenbaum, a partner at the latter firm, has been described as the “scourge of restaurateurs“ because of his proclivity for legal action against high-profile restaurants.

A representative for Mario Batali and his chief business partner, Joe Bastianich, refused comment when reached by HuffPost Food Tuesday night. Bastianich has not always been so taciturn when it comes to litigious employees. The New York Post, in a September

WAGE THEFT

2011 profile of Kirschenbaum, quoted him saying: “Money-hungry lawyers, through frivolous lawsuits, are shaking down the very foundation of Manhattan’s restaurant industry. [...] You’re forced to settle. Why go to trial and risk a $5 million settlement if you can settle for a million and a half?”

Given that the suit ended in an an out-of-court settlement for more than $5 million, Bastianich must be eating his words right now — and hoping that others are eating Mario’s pasta. You have to sell a lot of $14 plates of bavette cacio e pepe to make $5.25 million. https://www.huffingtonpost.com/2012/03/07/mariobatali-lawsuit_n_1325304.html

6/23/2016

“UNDERNEATH FIVE-STAR VENEER, HIGH-END RESTAURANT EMPLOYEES GET WORKED OVER” In an industry where exploitation is business-as-usual, workers have won some important victories—but still have a long way to go.

The fine-dining industry is booming.

A relatively small number of high-end waiters do very well . . . A major problem, however, is that restaurant bosses often skim from that tip pool to pay managers, maître d's, and kitchen staff. Despite being a violation of federal labor law, “Skimming off the tip pool happens so blatantly and everywhere,” says Maimon Kirschenbaum, a New York City employment lawyer who has filed hundreds of wage-violation lawsuits on behalf of employees at some of the city’s most well known restaurants. “It’s surprising considering how long these issues have been litigated. But the stakes are big.”

Owners can save a lot of money on payroll expenses if they pay managers, maître d's, and other staff in part from the tip pool. “They’re taking advantage of the situation. They say, ‘These guys are waiters—they shouldn’t be getting so rich anyway, so let’s divide up that money to other people,” Kirschenbaum explains.

Back in 2012, celebrity chef Mario Batali, facing a class-action lawsuit on behalf of 117 front-of-the-house workers who alleged that

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his New York City restaurant skimmed from the tip pools to pay sommeliers’ salaries, reached a $5.25 million settlement—at the time it was likely the largest ever settlement of its kind.

Employment lawyer Kirshenbaum was the man who led the case. As his law practice targets some of the city’s most prestigious dining establishments, he has become known as the “scourge of the restaurant industry”—Mario Batali’s business partner said Kirschenbaum is “shaking the very foundation of Manhattan’s restaurant industry.”

Other cases of his have gone after the power-dining steakhouse chain Smith & Wollensky, high-end French eateries Jean-Georges and Le Bernardin, and the legendary Japanese spot Nobu. http://prospect.org/article/underneath-five-star-vene er-high-end-restaurant-employees-get-worked-over

3/20/2019

"EX-WAVERLY INN WAITER INVOKES TRUMP IN GRAYDON CARTER SUIT"

boasts on its menu ‘[w]orst food in the city-Donald Trump’ — servers are required to perform menial tasks such as filling condiment jars, arranging linens, filling ice buckets, and folding tens of napkins at a sub-minimum wage.”

“I think it’s outrageous that someone on that level is so skimpy with his employees’ wages and would allow someone to suffer the way my client suffered for standing up against the restaurant,” said Lazazzera’s lawyer, Maimon Kirschenbaum, referring to Carter.

Kirschenbaum said the practice of having servers do excessive “side work” outside of waiting on tables is a “vestige of the past.”

“Restaurants were funding their operations on waiters’ backs. Most reputable restaurants have begun to behave themselves, but apparently The Waverly didn’t get the memo,” Kirschenbaum said. https://nypost.com/2019/03/20/ex-waverly-inn-wai ter-invokes-trump-in-graydon-carter-suit/

A former top server at The Waverly Inn is suing owner and ex-Vanity Fair editor Graydon Carter and the eatery’s other proprietors, accusing them of skimping on wages and allowing him to be fired when he complained.

David Lazazzera — who served “VIP patrons such as Oprah Winfrey, Sting, Sharon Stone, Adele, and many more” at the famous Manhattan restaurant — says the hot spot not only paid him and other servers a pittance, they were forced to do menial labor before and after serving guests, according to his suit.

“Graydon Carter has publicly bashed President Trump, in fact famously referring to Mr. Trump as ‘The Cheapest Zillionaire’ in his publication Spy magazine,” says the Manhattan federal suit.

“Unfortunately, Mr. Carter lives in a glass house.

At his own Waverly Inn Restaurant — which

Breaking new legal ground in overtime law Joseph & Kirschenbaum successfully argued in favor of overtime pay for contract lawyers performing non-legal work in a Second Circuit decision. The ruling established new legal protections for contract lawyers. The firm also successfully represented employees of an international financial services firm, winning a $16 million overtime settlement.

JOSEPH & KIRSCHENBAUM

Joseph & Kirschenbaum: A record of successful sexual harassment cases

The attorneys at Joseph & Kirschenbaum have a track record of filing successful sexual harassment cases.

Joseph & Kirschenbaum’s competent and dedicated prosecution of sexual harassment cases has strengthened our reputation as a powerful and respected firm in employment law.

Aggressive representation of clients with sexual harassment claims against employers

speaks out

against sexual harassment in the restaurant and hospitality field.

1/24/2018

“Women at Le Bernardin are sexually harassed,

and complaints about harassment are either ignored or result in the complainer being shamed by the restaurant’s management.“

6/20/2017

“It is shameful and sad that a

9/7/2016

“Even a powerful institution like Le Cirque is not above the law.

high-end restaurant would allow this egregious sexual harassment to go on in today’s day and age.“

ey should and will be held accountable for blatantly allowing a sex-fueled environment to continue unchecked.“

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7/7/2017

6/20/2017

“RESTAURANT EMPLOYEE SAYS BOSS WAS A CREEP, CALLED HER ‘RETARDED’: SUIT”

“CELEBRITY SUSHI CHEF SEXUALLY HARASSED EMPLOYEE, SIMULATED SEX AT HIS WEST VILLAGE RESTAURANT”

A manager at Hudson River hot spot La Marina shouted vulgarities at an employee, uncomfortably invaded her personal space and, adding insult to injury, shortchanged her and other employees, according to a new lawsuit.

In the Manhattan Supreme Court class-action suit, Connie Rodriguez alleges that her boss, Andrew Walters, “crept up behind and stood inappropriately close to her” during shifts at the celeb-studded Inwood eatery, which also allegedly skimped on salaries and left her to live on only tips.

“It is insane that the restaurant treated her in such a humiliating fashion,” attorney Maimon Kirschenbaum charged. https://nypost.com/2017/07/07/restaurant-employee -says-boss-was-a-creep-called-her-retarded-suit/

A celebrity sushi chef long tormented his subordinate with sexual comments, a lawsuit filed Monday alleges.

Abe Hiroki, executive chef at the chic EN Japanese Brasserie, also targeted manager Mayumi Bardiovsky with unwanted touching — once even simulating sex, she says in her Manhattan Supreme Court lawsuit.

"It is shameful and sad that a high-end restaurant would allow this egregious sexual harassment to go on in today's day and age," said Bardiovsky's lawyer, Maimon Kirschenbaum. http://www.nydailynews.com/new-york/celeb-chef-se xually-harassed-worker-west-village-eatery-suit-ar ticle-1.3261423

SEXUAL HARASSMENT

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1/24/2018

9/7/2016

“LE BERNARDIN CHEF IS A HYPOCRITE FOR BATALI CRITICISM: EX-WAITRESS”

“EX-LE CIRQUE WAITRESSES SAY BOSS TRIED TO “PIMP THEM OUT”

A former waitress claims famed Le Bernardin chef Eric Ripert hypocritically blasted rival Mario Batali over sexual-misconduct allegations –– while presiding over a restaurant where male supervisors repeatedly touched her behind and harassed the hostesses.

Le Cirque is offering its female waitstaff to well-heeled customers alongside the ritzy restaurant’s $70 Dover sole, according to a new sexual-harassment lawsuit by two former servers.

The court papers note that Ripert tweeted in December, “Treating anyone with less than the utmost respect is completely unacceptable,” just hours after the Eater website published allegations that Batali had groped four women, including two who worked for him at the time.

“Unfortunately, the workplace realities at Le Bernardin do not match the sentiment in . . .

Ripert’s tweet,” lawyer Maimon Kirschenbaum wrote in the suit.

“Women at Le Bernardin are sexually harassed, and complaints about harassment are either ignored or result in the complainer being shamed by the restaurant’s management.”

https://nypost.com/2018/01/24/le-bernardin-chef-is -a-hypocrite-for-batali-criticism-ex-waitress/

Matilda Nikesahani claims that eatery general manager Alessandro Giardiello repeatedly asked her out for drinks and even pressured her to go out on a date with a customer, according the Manhattan civil suit.

Nikesahani and Salamone were two of only five women at the 50-employee eatery, the suit says. They claim a “sexually charged environment” is fostered by Le Cirque’s management and owners. The women quit last week after refusing a $10,000 settlement, the suit says.

“Even a powerful institution like Le Cirque is not above the law,” said the women’s attorney, D. Maimon Kirschenbaum.“ They should and will be held accountable for blatantly allowing a sex-fueled environment to continue unchecked.” https://nypost.com/2016/09/07/ex-le-cirque-waitres ses-say-boss-tried-to-pimp-them-out/

SEXUAL HARASSMENT

5/27/2018

“THE PREDATORS IN THE KITCHEN” To speak out against powerful bosses in general is a risk. But in the food world, especially in the world of fine dining, blacklisting concerns are pervasive. "At the highest level, it's a small world," said Maimon Kirschenbaum, a New York City employment lawyer. "Even when cases don't make the papers, word gets around."

Stephanie Capsolas, a client of Mr. Kirschenbaum’s, fought sexual harassment in restaurants long before the #MeToo movement made it a topic of public concern.

In 2007, Ms. Capsolas was hired as a server at Babbo, Mr. Batali's upscale Italian restaurant in Greenwich Village. According to multiple people, she was a superior server. About two years into her time there, Ms. Capsolas contacted Mr. Kirschenbaum after Frank Langello, Babbo's executive chef, persistently sexually harassed her, according to a lawsuit she later filed.

$2.5 MILLION SETTLEMENT FOR A CLIENT WITH A SEXUAL HARASSMENT CLAIM AGAINST A MAJOR LAW FIRM AND PARTNER

$825,000 SETTLEMENT AGAINST A MAJOR LAW FIRM FOR SEXUAL HARASSMENT

$550,000 SETTLEMENT IN A SEXUAL HARASSMENT CASE AGAINST A MAJOR INTERNATIONAL CORPORATION

At the time, Mr. Kirschenbaum said, wage-theft cases had more impact than sexual harassment cases. So, he encouraged Ms. Capsolas to bring a wage-theft case against Babbo, along with a sexual harassment charge. In July of 2010, they filed the wage-theft suit in federal court and the sexual harassment claim with the Equal Employment Opportunity Commission, which can grant complainants the right to sue in federal court. https://www.nytimes.com/2018/05/26/opinion/sund ay/predators-restaurants-mario-batali.html

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11/4/2018

“TOM FORD MANAGER SAID SHE 'NEEDED SEX FOR BREAKFAST, LUNCH, AND DINNER': SUIT” A seamstress for famed fashion designer Tom Ford says one of her bosses over-shared about her favorite accessory — sex toys — while boasting that she “needed sex for breakfast, lunch and dinner.”

4/30/2017

“HOTEL EXEC WAS ‘SLUT SHAMED’ AFTER REPORTING SEXUAL HARASSMENT: SUIT” Being sexually harassed by the boss got a Manhattan hotel exec “slut-shamed,” she says in a lawsuit.

Dianne Pepe, a sales and marketing director for the Renaissance Hotel on West 35th Street, says supervisors targeted her for complaining about a higher-up who kissed her against her will at a bar and then sent her lewd texts.

The manager was canned, but her co-workers at the hotel and Stonebridge Hospitality, which helps manage the hotel, “attempted to ‘blame’ her for [the] assault and ‘slut-shamed’ her on several occasions,” she charges in the Manhattan federal suit.

Yekaterina Angert, 34, who worked at Ford’s Madison Avenue flagship store from June through October, says in a new Manhattan lawsuit that her crude boss, alterations manager Tatyana Gleyzerman, 54, subjected her “to a barrage of unprovoked inappropriate personal revelations.

“For example Gleyzerman told [Angert] that she was ‘very horny,’ and that she ‘needed sex for breakfast, lunch and dinner,’” according to court papers.

“Gleyzerman also told [Angert] that she owns ‘every sex toy that is possible to own’ and ‘today with an iPhone and technology you can do anything with sex toys,’” the suit says.

When Angert refused to participate in the discussions, Gleyzerman’s “behavior escalated from inappropriate to downright nasty and discriminatory,” the suit says.

“They wanted to take an opportunity to shame her,” said her lawyer, D. Maimon Kirschenbaum.

“It is sad to see this level of abuse go on in today’s day and age, particularly at an institution as prestigious as Tom Ford,” said Angert’s lawyer, Maimon Kirschenbaum.

https://nypost.com/2017/04/30/hotel-exec-was-slut -shamed-after-reporting-sexual-harassment-suit

https://nypost.com/2018/11/04/tom-ford-manager-said -she-needed-sex-for-breakfast-lunch-and-dinner-suit

JOSEPH & KIRSCHENBAUM

Joseph & Kirschenbaum litigates all categories of workplace discrimination covered by the New York City Human Rights Law, with a focus on race discrimination and gender discrimination. We fight to protect whistleblowers and employees who face retaliation in the workplace. Our seasoned attorneys also have a track record of success in pregnancy discrimination claims and FMLA violations.

Joseph & Kirschenbaum on the basis of :

Race Gender Disability Age Religion LGBTQ status Pregnancy

The firm’s aggressive defense of makes Joseph & Kirschenbaum

for victims of workplace discrimination and retaliation.

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$1.165 million

$625,000

FOR LGBTQ DISCRIMINATION

FOR DISABILITY DISCRIMINATION

$550,000

$450,000

FOR WHISTLEBLOWER DISCRIMINATION

$460,000 FOR WHISTLEBLOWER DISCRIMINATION

FOR WHISTLEBLOWER DISCRIMINATION

$375,000 FOR WHISTLEBLOWER DISCRIMINATION

$325,000

$273,000

FOR AGE DISCRIMINATION

FOR RACE DISCRIMINATION

$273,000

$500,000

FOR RACE DISCRIMINATION

FOR WHISTLEBLOWER DISCRIMINATION

$225,000

$180,000

FOR AGE DISCRIMINATION

FOR RELIGIOUS DISCRIMINATION

$148,000

$125,000

FOR GENDER DISCRIMINATION

FOR PREGNANCY DISCRIMINATION

DISCRIMINATION

Breaking new legal ground in workplace discrimination law The attorneys at Joseph & Kirschenbaum broke new ground in the area of gender discrimination with the so-called “too cute� case. Representing a massage therapist fired because her boss said she was “too cute,� Maimon Kirschenbaum argued to the Second Circuit that the wrongful termination constituted gender discrimination. As Maimon Kirschenbaum told the New York Post, “We had looked extensively to find a case for what should be obvious – that firing a woman because you might be attracted to her is discrimination . . . But as it turns out, there is no such case until now.�

8/22/2017

“WOMAN FIRED FOR BEING ‘TOO CUTE’ MAY HAVE A CASE AFTER ALL�

Hot women have rights, too!

A Manhattan appeals panel — in a first-of-its-kind decision — Tuesday overturned a lower-court ruling that said you can’t be fired because of your gender but you could get the boot for being “too cute.�

Dilek [Edwards], 33, said she was axed after [Charles] Nicolai admitted to his 46-year-old wife that she “might become jealous’’ of his bubbly staffer because she was “too cute.’’ Last year, Manhattan Judge Shlomo Hagler had ruled against Dilek, saying her cuteness quotient couldn’t be cited as the basis for a discrimination claim.

But the appeals panel disagreed.

Dilek “was fired for no reason other than Adams’ belief that Nicolai was sexually attracted to her,� lead Judge David Friedman wrote. He was joined by Judges Karla Moskowitz, Judith Gische and Marcy Kahn. �This states a cause of action for gender discrimination under New York State Human Rights Law,� Friedman said.

Dilek’s lawyer, Maimon Kirschenbaum, said other courts have rejected the “too cute� discrimination claim, too. “We had looked extensively to find a case for what should be obvious — that firing a woman because you might be attracted to her is discrimination,�

Kirschenbaum said.“But as it turns out, there is no such case until now,� he said. https://nypost.com/2017/08/22/woman-fired-for-bei ng-too-cute-may-have-a-case-after-all/

speaks out against discrimination in the restaurant industry.

2/2/2018

“I think it’s about time that Mission Chinese is held accountable for allowing rampant discrimination and relation to run wild.�

8/21/2008

"It is outrageous that restaurant owners who service glitterati of all races could be so downright nasty to their minority employees . . . is is especially true considering my clients were excellent performers."

5/26/2018

“To speak out against powerful bosses in general is a risk. But in the food world, especially in the world of fine dining, blacklisting concerns are pervasive. ‘At the highest level, it's a small world,’ said Maimon Kirschenbaum, a New York City employment lawyer. ‘Even when cases don't make the papers, word gets around.’�

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Whistleblower Protections Joseph & Kirschenbaum fights to protect the rights of employees who act as whistleblowers.

Some whistleblowers face retaliation in the workplace, which violates the law. Our major victories since 2018 include settlements of $575,000, $500,000, and $375,000 for whistleblowers.

annual salary of $100,000. But just like Navar, she discovered that a male coworker made $145,000 for “the same exact position and work,” the suit says.

“I was incredulous,” Robertson told The Post.

“When you start seeing a pattern of women making less than men for the same types of jobs, it’s clearly a top-down policy,” said Maimon Kirschenbaum, the lawyer for Navar and Roberts.

That discrepancy violates the 1963 Equal Pay Act, he said. https://ny.eater.com/2018/2/1/16957340/mission-chi nese-lawsuit-racial-discrimination

11/12/2018

LAGUARDIA AIRPORT’S $4B OVERHAUL PROJECT IS PAYING WOMEN LESS: SUIT Former Vice President Joe Biden once compared LaGuardia Airport to a “Third World country” — and now women working on its $4 billion overhaul are being treated like second-class citizens, according to a new lawsuit.

12/3/2014

More than 40 women involved in the massive rehab project earn up to $50,000 less annually than their male counterparts, the Manhattan federal court suit says. Developers Skanska and Walsh JV “have engaged in systematic, company-wide discriminatory treatment of female employees because of their gender,” say plaintiffs Allison Navar and Camille Robertson in court papers.

The chef at popular New York restaurant Chef’s Table at Brooklyn Fare told his staff to serve Asians and residents of the Upper West Side poor quality meat because they are “shit people”, according to a lawsuit filed against the eatery.

Navar, 30, of Manhattan was hired by Walsh in January 2017 as an engineer. She was eventually promoted to contract manager, working side by side with a male colleague whose job “duties were substantially the same,” her suit says.

Still Navar earned just $70,000 a year, while the man raked in $120,000, she told The Post.

“I continued to go to work every day with a big smile on my face and do the best I could and hope that when the next review cycle came around, they would recognize, ‘OK. We’ll value her equally,’ ” Navar recalled.

“MICHELIN CHEF CESAR RAMIREZ ACCUSED OF RACISM AT BROOKLYN RESTAURANT”

In addition to demanding damages for “emotional distress” and discriminatory practices, the plaintiffs portray Ramirez as a spiteful tyrant who would terminate employment on whims and denied them a share of even the mandatory service fee charged to all patrons.

The plaintiffs are represented by Maimon Kirschenbaum, a wage lawyer who has made a name in class action suits against New York’s costliest and best reviewed eateries, including Le Cirque, Nobu and Balthazar. Most of the cases settled out of court.

But when her review came and she told her boss she wanted pay equality, he ridiculed her, she says. “He laughed in my face."

Kirschenbaum told the Guardian he considers the case “particularly egregious” and said it was “unfortunate when a certain degree of success gets to a person’s head and he believes he is above the law”. He would only describe the damages sought as “lots of money”.

[Robertson] was promoted to director at an

https://www.theguardian.com/us-news/2014/dec/ 03/michellin-starred-chef-racism-cesar-ramirez

7/20/2017

“QUINN EMANUEL HIT WITH RACIAL DISCRIMINATION LAWSUIT” The Biglaw firm of Quinn Emanuel Urquhart & Sullivan has been served with a racial discrimination lawsuit that levels some shocking allegations against the litigation powerhouse. From the opening paragraph of the complaint, it is clear that this former Quinn Emanuel secretary, Spencer Marin, isn’t pulling any punches: The website of Quinn, Emanuel, Urquhart & Sullivan, LLP boasts that “there is no firm like ours.” That certainly appears to be the case with respect to its total apathy to the plight of its African-American support staff. While assisting Quinn’s attorneys during the notorious Apple v.

Samsung trials, these staff members endured horrific racial discrimination, including blatant use of the word “n***er,” at the hands of Quinn’s Trial Logistics Director, Yllen Cruz. When one such individual (Plaintiff ) had the good sense to stand up for himself and his co-workers and bring this to Quinn’s attention, Quinn retaliated against him harshly and swiftly, ultimately forcing Plaintiff to leave the firm.

Marin alleges his supervisor Cruz frequently questioned his sexual orientation and ridiculed his race. But the most brazen alleged racial incident occurred while he was assigned as a floater and traveled in support of the Apple v.

Samsung case. During a staff dinner, Cruz allegedly used the term “re-n***er” as a racist pun to describe a staff member that had

changed their mind about sharing food.

Read the full complaint — filed on Marin’s behalf by D. Maimon Kirschenbaum, who has also represented document reviewers suing Biglaw for overtime pay. https://abovethelaw.com/2017/07/quinn-emanuel-hi t-with-racial-discrimination-lawsuit/

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3/13/2018

“QUINN EMANUEL LOSES EARLY BID TO THROW OUT RACE BIAS SUIT” Refusing to dismiss a former secretary's discrimination complaint against Quinn Emanuel Urquhart & Sullivan, a Manhattan federal judge said the plaintiff had alleged a "continuous course" of discriminatory conduct and also criticized Quinn's characterization of a racial slur in the complaint.

U.S. District Judge Valerie Caproni of the Southern District of New York said she was "surprised" that Quinn "attempted to cast the use of the N-word as a poor attempt at humor or a bad pun.”

Arguing for the plaintiff, plaintiff's attorney Lucas Buzzard, an associate at Joseph & Kirschenbaum, said the N-word was "uttered by a supervisor in his presence and in the presence of all her other employees." He added, "That word is so loaded that it simply cannot be said that it's a tasteless pun or harmless comment."

In an interview, Buzzard, the plaintiff's attorney, said, "we're on the road" where a single use of the N-word by a supervisor is enough to state a claim for a hostile work environment. Maimon Kirschenbaum, a partner in his firm, said "it's shocking" Quinn "would mount the defense" that the use of the N-word was "some kind of small joke." https://www.law.com/newyorklawjournal/2018/03/12 /quinn-emanuel-loses-early-bid-to-throw-out-race

JOSEPH & KIRSCHENBAUM

The attorneys at Joseph & Kirschenbaum bring experience and talent to the practice of various areas of plaintiffs’ employment law, giving our firm the ability to represent employees with wage and hour claims, sexual harassment claims, and discrimination claims, as well as a variety of other employment rights violations.

Our team includes :

Charles Joseph Partner Charles Joseph founded Joseph & Kirschenbaum in 1997 to help workers who had been wronged by unfair employment and wage practices. A graduate of NYU School of Law, Charles has been honored by the Lawyer’s Committee for Human Rights and worked on behalf of the Center for Constitutional Rights.

D. Maimon Kirschenbaum Partner Maimon Kirschenbaum, a cum laude graduate of Fordham University’s School of Law, is a nationally recognized advocate for restaurant and hospitality workers. He has been described in the media as a “wunderkind of the plaintiff’s bar� and the “patron saint of stiffed waiters.� His record includes some of the largest reported recoveries in wage and hour lawsuits in state history.

Denise Schulman Partner Denise Schulman graduated cum laude from NYU School of Law, and worked for the Urban Justice Center, the Brennan Center for Justice, and South Brooklyn Legal Services before coming to Joseph & Kirschenbaum. Her concentrations include whistleblower retaliation, FMLA violations, and wage and hour claims.

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Josef Nussbaum Associate Josef Nussbaum, a graduate of McGill University’s Faculty of Law, focuses on workplace discrimination, retaliation, and wage and hour violations.

Lucas Buzzard Associate Lucas Buzzard, served as a law clerk for Judge Peter W. Hall of the Second Circuit Court of Appeals and as an editor of the American University International Law Review. Before law school, Lucas taught fourth grade English in Mexico City.

Leah Seliger Associate Leah Selinger, a graduate of Georgetown University Law Center, holds a mediator certification from Hofstra Law School. She specializes in wage and hour, employment discrimination, and sexual harassment disputes.

Mike DiGiulio Associate Mike DiGiulio joined Joseph & Kirschenbaum in 2020. He brings a background in environmental litigation, law clerk experience in the Second Circuit Court of Appeals, and a summa cum laude degree from Vermont Law School. Before law school, Mike worked as a salmon fisherman in Alaska.

Phone : (212) 651-4238

32 Broadway Suite 601 New York NY 10004