Tuesday, May 13, 2014

Carnegie Deli to shell out $2.65 M to 25 workers: court documents

Carnegie Deli to shell out $2.65M to 25 workers: court documents

Workers at the famed Carnegie Deli were treated like bad meat for years, and now they’re about to come into a lot of lettuce.
The Midtown eatery’s feuding husband-and-wife owners are set to shell out $2.65 million to settle a lawsuit by staffers claiming the estranged couple cheated them out of legal wages for at least a decade, new court papers show.
Marian Levine, whose family founded the overstuffed-sandwich mecca in 1937, and her womanizing husband and deli manager, Sanford “Sandy” Levine, have an agreement in principle to pay the dough to about 25 current and former workers, according to Manhattan federal court transcripts and other documents reviewed by The Post.
That’s an average payout of $106,000 per employee.
The workers slapped the estranged couple with the scathing unfair-labor-practices, class-action lawsuit in 2012. Both sides have told a judge they hope to have the settlement finalized by April 7.
Meanwhile, the Levines — who once starred in the reality TV show “The Family Pickle” — are currently embroiled in their own legal battle against each other.
Marian Levine, 63, has accused her 71-year-old hubby of ripping off company funds and giving up Carnegie’s secret cheesecake and pastrami recipes to his ex-waitress-turned-girlfriend. The gal pal’s Thai relatives later opened a restaurant called Carnegie Deli Thailand in Bangkok.
Marion filed for divorce and also slapped Sandy with a $10 million lawsuit involving the alleged embezzlement.
The troubled two are accused in the federal labor suit of not paying their workers overtime, shelling out hourly salaries of between $2.50 and $3 — well below the $7.25 minimum-wage requirement — and regularly docking workers for hour lunches that the staffers were ordered not to take.
The suit — describing complaints that date back to at least 2004 — claims cooks, dishwashers and other “back-of-the house” staffers were quietly paid “off the books” in violation of federal tax laws, too.
It adds that waiters and waitresses were routinely docked pay if they miscalculated customer food bills.
Lawyers for both sides ironed out the settlement’s payment details. But they recently informed Judge Katherine Polk Failla that there was a holdup: Marian Levine’s wish to pay out the settlement over a four-year period.
Both sides had previously agreed that half the money would be paid up front and the rest a year later.
The plaintiffs want to force her to honor the original agreement.
Marion Levine’s move to try to extend the payments could be because of cash-flow woes.
Her previous legal team pulled out of the case in January, claiming at a court hearing that they were owed “several hundred-thousand dollars” for working on this case and others for Marion.
Both Marion Levine and Brent Pelton, a lawyer for the plaintiffs, declined comment.
A lawyer for Sandy Levine didn’t return a phone call seeking comment

Sunday, July 28, 2013

Serving his country

How Eugene Allen, butler to eight presidents, helped break down racial barriers
·         By LARRY GETLEN
·         Last Updated: 3:32 AM, July 28, 2013
·         Posted: 10:55 PM, July 27, 2013
The Butler:
A Witness to History
by Wil Haygood
37 Ink/Atria
In The days immediately following the assassination of President John F. Kennedy, the sense of sadness in the White House was, as one might expect, all-encompassing — particularly for the devastated widow, Jackie Kennedy, and her two young children, John and Caroline.

To help alleviate, even briefly, the unbearable tragedy, a party was arranged for the children. The man who arranged it was one whom the residents of the White House could count on — time and again, administration after administration — to serve those residents with all the dedication any American could expect.
Eugene Allen, the White House butler since the Truman administration, “told the White House chef to whip up some goodies; he was going to have a party for John and Caroline and some of their little friends.”
Soon, if even for just a short time, the children were laughing and smiling; in the shadow of violence, there was “the cacophony of little voices squealing with delight.”
By the time he retired in 1986, Allen had spent 34 years serving eight presidents — every single one from Truman to Reagan — witnessing history along the way, and developing his own personal relationships with an incredible succession of the most powerful men on earth.
Allen is about to be immortalized on the big screen, in a film based on the article by Haygood. “Lee Daniels’ The Butler,” out Aug. 16, stars Forest Whitaker in a role based on Allen’s life, with Oprah Winfrey playing his wife and, in some creative casting choices, Presidents Eisenhower, Kennedy, Johnson, Nixon and Reagan played by, respectively, Robin Williams, James Marsden, Liev Schreiber, John Cusack and Alan Rickman.
Haygood first wrote about Allen in 2008, when, in the wake of what seemed a likely victory in the presidential election by Barack Obama, he sought out an African-American who had served in the White House in the days of segregation and beyond.
When Haygood first met Allen in the home the retired butler shared with his wife, Helene, he noticed only one photo of any prominence on the walls, which was of the couple on a White House receiving line. There were none around of Allen with presidents or anyone else of note.
Allen shared his tale with Haygood, how he was born in 1919 on a plantation in Scottsville, Va., and “grew up working as a house boy for a white family.”
He was employed at a country club in Washington, DC, when he met Helene in 1942 and married her the following year. In 1952, he got his first job at the White House, as a pantry worker making $2,400 a year.
While African-Americans were already working as butlers in the White House around the turn of the last century, the first to join a president for dinner there was Booker T. Washington, who dined with President Theodore Roosevelt in 1901. That news burned through the South, with Tennessee newspaper The Memphis Scimitar writing that, “the most damnable outrage which has ever been perpetrated by any citizen of the United States was committed yesterday by the President, when he invited a [N-word] to dine with him at the White House.”
Even Harry Truman, the first president Allen served, was hardly devoid of racist sentiment. After a dispute with Harlem congressman Adam Clayton Powell Jr., Truman was heard referring to him as, “that damn [N-word] preacher.”
Given the status of black Americans at the time, Allen’s employment at the White House was a remarkable point of pride for the “vivacious” Helene, and she was “quick to drop [that fact] on neighbors and fellow churchgoers.”
Allen’s position led to personal relationships with some of the most powerful world changers of the 20th century and to his time and again being a front-line witness to history.
During the Eisenhower administration, Allen was in the room as the president dealt with some of the harsh racial conflicts of the day, including “watch[ing] President Eisenhower argue with Arkansas governor Orval Faubus” during a famous dispute over desegregation in Little Rock. Allen felt a personal sense of pride when the president sent in federal troops to protect black students.
Allen grew close with Eisenhower, and the two stayed in touch after Ike left office. Allen recalled to Haygood how he would take vacation days to visit the former president, and how the two would “stroll the Gettysburg battlefield” together. “They genuinely seemed to have missed each other,” Haygood writes.
Allen watched Kennedy send federal troops to Mississippi to defend the right of African-American student James Meredith to enroll in the University of Mississippi in 1962. The following year, Allen was there as JFK marked the 100th anniversary of the Emancipation Proclamation with an event at which “the butlers had never seen so many blacks at the White House at one time,” with “upwards of 800 floating about,” including Langston Hughes and Sammy Davis, Jr. (“One of the black guests,” Haygood writes, “cracked it was like Uncle Tom’s cabin.”)
That November, when news reached the White House that the president had been shot, Allen and the other butlers grieved while waiting for the crestfallen family and others from the president’s traveling party to return. 
 “He remembers First Lady Jackie Kennedy being in a near-catatonic state,” writes Haygood, “and there were the low-pitched voices of the Kennedy children that seemed particularly sad.”
Allen thought that Kennedy’s successor, Lyndon Johnson, was “brave, if somewhat vulgar with his language.” But while Allen’s admiration for Kennedy had been unequivocal, his feelings toward Johnson were more conflicted since, at the time, Allen’s only child, son Charles, was fighting in Vietnam.
“There were times, plenty of times,” writes Haygood, “when Eugene Allen wanted to march right up to President Johnson and tell him about his boy, Charles, who had been sent to Vietnam, who was sweating in jungle darkness, who was trying to stay alive and get his ass back home.”
But of course, as a White House employee whose job was to serve the president, that was not an option. (Charles survived the war intact.)
Allen didn’t have much of a relationship with President Nixon, the book implies, although he did recall the president “pacing the corridors of the White House, deliberating inner-office turmoil and his distrust of the press.”
Following Nixon, Allen not only shared a love of golf with President Gerald Ford, but the two shared the same birthday, leading to First Lady Betty Ford calling out, when they would bring out a birthday cake for the president, “It’s Gene’s birthday, too!”
During the Reagan administration, Allen, who was promoted to maître d’ in 1980, recalled the day that Nancy Reagan called him over as they prepared for a state dinner for West German Chancellor Helmut Kohl. First, Reagan stunned Allen by informing him that his services “would not be needed at the state dinner.” She then stunned him again by telling him why — that he and Helene were to attend the dinner as guests of the president, “in honor of his decades-long service to the White House and the presidency he served.”
“He was deeply touched, could barely move,” Haygood writes. “He was the first butler in the history of the White House to be invited to a state dinner as a guest.”
For the first time, Allen entered the White House not through the servent’s entrance in the rear, but through the front door with the rest of the dignitaries.
Part of Allen’s success in the position was due to his understanding of the discretion required. Given the societal upheaval for African-Americans throughout the Civil Rights era, Allen’s neighbors “would want to rush from their porches and plead with him for information.”
But “Helene had trained these neighbors well over the years — a perceptible nod, a few pointed words in the grocery store aisle: Eugene couldn’t talk; he had to be discreet; he was no one’s gossip.”
After hours of Allen sharing stories during Haygood’s first visit with the couple, Helene said to her husband, “You can show him now.”
Eugene brought Haygood to a locked basement door. He opened it, then led the writer down a dark stairway. When they made it downstairs and clicked on the light, Haygood found himself surrounded by Allen’s history — framed photos galore of Allen with so many of the most distinguished politicians and other citizens of his era. Allen with Presidents Kennedy, Eisenhower, and Nixon; with Sammy Davis Jr., with Duke Ellington, him and Helene with Ella Fitzgerald. There was even a painting made for him personally by President Eisenhower.
“It was like being dropped into a museum. There were hundreds and hundreds of pieces of memorabilia,” Haygood writes. “These were treasures, likely bound for a museum someday.”
Eugene Allen passed away on March 31, 2010. While his last few years may have been filled with sadness after the loss of his longtime love Helene two years before, there was at least one moment of glory, as Allen — who served at the White House at a time when the president of the United States would still openly refer to an African-American by using the N-word — got to attend the inauguration of the nation’s first black president.

As he watched our new president come into view, Allen, “clearly overjoyed,” said, “I’m telling you, it’s something to see. Seeing him standing there — well, it’s been worth it all.”

Monday, February 20, 2012

Are you a resting actor too?

It is a sad fact of our industry that there will be, regardless of your standing in the industry, times when work isn’t as plentiful as we’d like – on either side of the camera. And while it’s true that once we (hopefully) get to a certain point in our careers these times may not be as lean as when we first started out, most actors have a second job, sometimes a second career, to ensure that they can pay the bills and survive those gaps between gigs.
So, what are the ten most popular “other” jobs actors take on while they’re “resting”?
No. 1 – Waiting on Tables
Yes, it’s a cliche, but after a quick poll around my actor buddies, nearly all said they had waited tables at some point in their career.
Most worked in small cafes, I started waiting tables at a Music Hall, others worked for one of the large fast food joints. So, why is this form of second job so popular for actors? One word: flexibility.
Usually you can swap shifts when you have an audition or gig come up at reasonably short notice. If you’re doing a fringe theatre gig or taking evening classes, you can usually take a day shift so you can rehearse/study at night.
You also get to practice your acting skills dealing with the general public – anyone who has done this, knows how your skills as an actor can be very helpful when dealing with a difficult customer, or if you’re just having a bad day and can’t let it show – and no opportunity to do that is a wasted opportunity.
It also doesn’t require you to study or have a degree as you can learn on the job and you can also leave the job behind you when you go home (i.e. you sign off from your shift and walk out the door, not having to take work home with you to prepare for the next day).
Note: This also includes bar work and working in a pub for all the reasons outlined above.
No. 2 – Temping
Temping – otherwise known as Casual PA or Secretarial work – is the second most popular “other” job for actors.
Again, it’s flexible – you only work when you want to work, and it usually pays better than waiting tables. However, you will need some kind of Secretarial skills set to do this job (thanks Dad for insisting I do a Secretarial Course when I left high school – as much as I disliked you at the time for making me do it!).
To undertake Temping, you have to join a Temp agency, which usually involves an interview and a few tests – such as testing your typing speed. To be a successful temp, you have to be good at adapting to a different workplace every few days or weeks (depending on the length of your temp contract), be reliable and be able to pay attention to detail.
I recommend temping as a second job, as it’s challenging and gives you a chance to use your brain in a different way to acting. I temped when I first got to London, and it’s how I ended up working full time for the BBC. I began with them as a Temp and, after working for three different executive producers, was invited to stay for a full time contract. (I also worked for the British Airways Authority (BAA) for a few weeks as a Temp, when they offered me a full time position as well, but I took the BBC’s offer for obvious reasons!).
But, it’s really only a good choice for those who don’t mind working in an office environment and who are quick at adapting to different bosses and situations. Also, there’s no guarantee you’ll get to work just for the entertainment biz – you’ll most likely also work for lawyers, accountants, government departments and other large corporations, so you need to know how to dress and behave in a corporate envionment.
No. 3 – Teaching
At #3, there’s Teaching. This covers not just teaching in schools, but also working as a Drama Tutor (ie. running your own classes). Most actors do some kind of tutoring during their career – as many of you know, I have with the “Acting Up” Masterclasses, and I know many others who are teaching in Primary and High Schools to earn their income between gigs.
The problem with working for High or Primary Schools is that you don’t have flexibility – you’re on a curriculmn and you have to be there for classes. However, I do know of teachers who manage to have an acting career AND a teaching career in “normal” schools, by having a relief teacher who takes over from them when they have acting work. But, this does cause a disruption for students, so finding a relief teacher who shares your teaching philosophy and methods is best, if possible.
The other way of teaching – running your own classes – obviously gives a bit more flexibility, but again, if you’re running weekly classes, you still have an obligation to students to be there every week. Again, you can get a second teacher to run the classes for you when you’re on a gig, but, again, make sure they fit your style and philosophy of teaching to ensure students get some continuity.
One of the reasons why I went from teaching weekly classes to weekend masterclasses is because of my increasing workload as an actor, writer and producer – only teaching weekend workshops meant my week was freed up to concentrate on my career in the ‘biz. I have stopped teaching entirely now – not necessarily forever, but for the moment – due to my not having enough hours in the day to prepare classes and teach and manage the two television projects I have on the go and undertake my acting work.
Please Note: If you’re going to teach kids, you’ll need to get a “Working With Children” certificate – it’s now a legal requirement – whether you’re running your own classes or working for someone else.
No. 4 – Working in Retail
Retail is at #4 – which surprised me, as I assumed this would have got higher in the ranks and appeared before teaching, but no, according to my poll, it comes in at #4.
I had a brief encounter with this “other” kind of work when I first started out, but it just didn’t suit me – didn’t keep my interest, really!! However, it can be great for actors as you can work part time or casually, therefore you should have some days of the week that you know are always free and you should have the option to swap shifts if you have to.
I know actors working in all sorts of retail – clothing, electrical goods, DVD rental, computers, outdoor furniture, office supplies, party supplies, etc, etc. The other bonus to working in retail is that you should get staff discounts, and if you’re working in clothing, then that can be very helpful for your audition wardrobe!
No. 5 – Telemarketing
Again, I expected this to be higher on the list, but I suspect part of the reason why it’s not is due to the amount of large corporations relocating their telemarketing divisions to India – such as Dodo, amongst others (oh, don’t get me started!!).
This job is great again for flexibility, as it’s usually done on a rotating shift basis, which means you should fit in auditions and gigs as they come up without effecting your “other” job. However, there’s been a lot in the press lately about the pressure Telemarketers face in the job, so really, this job is only good for those who enjoy selling things to complete strangers over the phone and hitting their quota of sales every week.
Related to this work is Customer Service. This job carries less pressure (you’re not selling things), but can be a little difficult as you’re likely to get some angry people calling you as well as nice ones. Really, it’s only good for those who know how to handle people and have a fairly thick skin.
No. 6 – Children’s Parties/Clowning
Children’s Parties is on this list because, while it’s related to acting (you usually play a character and get to dress up), it also involves the skill of knowing how to entertain kids – not as easy as it sounds – and possibly doing balloon art and face painting amongst other, non-actor things.
I used to be a clown. Yes, I admit it. She was 13 and called “Bubbles”. She came to life through a sketch I did for a kids concert when I was a teenager myself at the Victorian Arts Centre for the Royal Childrens’ Hospital Appeal. She stayed with me for nearly five years and appeared in the Moomba Parade in Melbourne, several festivals, many concerts and, yes, the occasional children’s party.
It’s fun work, there’s no denying it. But kids are a tough and honest audience and it is a true test of your skills as an actor. There are a few Agencies dealing with children’s party performers – and they run the whole gamut, character-wise: Pirates, faries, clowns, witches, princesses, jesters, you name it. Have a look in your local Yellow Pages or Google “Children’s Performers” or “Children’s Parties”.
Please Note: You’ll need to have a “Working With Children” certificate to do this work as well.
No. 7 – Promotional Work
Different to “Children’s Parties”, as this kind of work is done to promote a business to the general public. It can be anything from being a Grid Girl at the Grand Prix to dressing up as the Easter Bunny in the Bourke Street Mall for an Antique Jewelry store Easter Sale (yes, I did that too – the Easter Bunny, not the Grid Girl!!).
Hey, if Brad Pitt can work as a Chicken for Nandos wearing a silly costume and carrying a sandwich board, then any of us can (and have)!!
Usually hired directly by the business concerned, or sometimes through an Advertising Agency, again, it’s good for actors due to the flexibility of the hours and, if you’re in a full character suit, you’re covered up so nobody knows it’s you anyway! (Unless you’re playing the Easter Bunny in the Bourke Street Mall in a tight fitting bunny outfit with your face showing – which means you’re going to get pinched on the backside more times than you can count and propositioned on a half-hourly basis).
I’ve also done full suit work – only once, as “Pepe the Pelican” for the National Water Sports Center, which involved standing on the front of a speedboat as it moved at a fairly fast rate of knots down the watercourse – so make sure you know what’s expected of you before agreeing to taking on a contract!
No. 8 – Web Design/Graphic Design
This job is really for those who have an artistic bent (other than acting, of course!) and some technical skills. That said, there are a few actors now who are now doing this job as their “other” job, including yours truly. It gives you a chance to explore your creativity in another way, and also helps with your analytical and logical skillset as well.
Do you need to study to do this? Well … no, but that said, it doesn’t hurt to do some classes in it if you intend to make it a business in the near future. I am self-taught, but I’ve had nine years to work on my skills in this area and only began designing for others about six years ago.
I work for myself, as do many others, and so the job is great for flexibility – as you work on your own time. However, once you have a stable of clients, you do need to be organised and meet deadlines. And, as much as it sounds great to be able to work in your pyjamas, you do have an obligation to put your clients first, without impacting on your acting career, so it’s a little bit of a juggling act.
I specialise in entertainment industry clients and have a core group of clients that I design for on a regular basis. They are all fantastic people and all in the biz, so they understand when I have to duck off to a gig (or have my wisdom teeth out, as I did last month). As a result, I am as loyal to them as they are to me and enjoy my work for them – which is always important.
No. 9 – Photography
This is becoming a little more popular, but, again, not for everyone. Most actors who go into photography specialise in actors’ headshots – ensuring that they’re still in the ‘biz. It’s also a great way to network. BUT – you should only set yourself up in this aspect of the industry if you have a talent for photography. I don’t, so I don’t even bother attempting this area of work. But, others do and have run a successful sideline photography business, sometimes for years, that supplements their acting income.
One of the better known actors, who was also a headshot photographer, is Alan Fletcher (currently playing “Dr Karl Kennedy” on Neighbours). Alan ran his photography business for years, becoming THE photographer for actors to hire for their headshots in Melbourne, until he gave the business up a couple of years ago, due to his ever-increasing acting and music workload.
Please Note: You’ll need to purchase the right equipment to do this work, so there will be some expense and outlay to set this up before you can even start.
No. 10 – Writing
And the last on our list is Writing. This covers screenwriting, playwrighting and short story, article and novel writing.
Think it’s unlikely? I know of five actors who are currently earning their living as writers AND working as actors at the same time. Two of them are writing for Australian television, one is a short story author who is being paid for her work in magazines and anthologies all over the world, one is making money writing articles for Internet magazines (or e-zines) and from her blog, and the last is making a tidy income from writing Harlequin and Mills & Boon novels (under a pen name, so no-one knows it’s her).
Obviously, for this you need the ability to write. That really goes without saying. You also need the ability to meet deadlines and be reliable – but that should be in your work ethic as an actor anyway, so that shouldn’t be too much of a stretch.
Again, you get to go to work in your pyjamas (apart from when you’re writing for TV and have to go to writer’s meetings – although, the way some writer’s dress, you might suspect that they didn’t get dressed to go out!). You also need to be able to take criticism of your work – again, something you should be used to as an actor.
To write for TV, you’ll need to write a spec (i.e. speculative) script for the series you’re angling to write for and send it into the Writer’s Dept. for their consideration. Information on how to do that is available usually on the show’s website, and if not, Google for “writing for [name of show]” or “writer [name of show]“.
If you want to write for Internet e-zines, just type “internet magazines” or “ezines” into Google and follow the links. Guidelines for submissions are usually displayed on their websites.
And, if you want to try your hand at romance novel writing, just go to the Mills & Boon website – all the info you need is here. And here’s an interview with an Australian Mills & Boon writer to give you an idea of what’s involved from an author’s point of view.
This list is in no way a comprehensive one. But, it should help actors out there who are trying to find a second income. If you have any additional suggestions that I haven’t covered – please feel free to comment below – the more suggestions the merrier!
Article Copyright © S. McLean 2007

Potential minimum-wage increase could force small-business layoffs - NYPOST.com

Potential minimum-wage increase could force small-business layoffs - NYPOST.com

Sunday, February 19, 2012

Yes indeed, a Trifle of Strawberry Shortcake is what we all need....

I made this Trifle Cake for my lovely office mate cuz, she was leaving, but as it turned out she only moved to the opposite side of the floor.. bhaahahahahha

Okay, so it's layers of  Angel Food Cake, Vanilla Pudding, Fresh Strawberries and Whipped Cream. It' s lite a feather, lo cal and extra yummy!

Cafe Centro's Class Action ~ they never learn.

Posted on February 10, 2012

A lawsuit alleging that Café Centro failed to pay its waiters and waitresses properly in regard to tips, overtime, service charges, and spread of hours premium has been permitted to move forward to class action certification.
In an Award dated February 6, 2012, Arbitrator Bonnie Siber Weinstock denied the restaurant’s motion to compel the employees of Café Centro to arbitrate their claims on an individual basis. Arbitrator Weinstock reasoned as follows:

The decision to permit the arbitration to proceed on class or collective claims is fully consistent with the agreement to arbitrate which these Respondents crafted and imposed on their employees. The Arbitrator finds that while the Supreme Court precedent may dictate that a broad arbitration clause does not necessarily indicate consent of the contracting parties to permit class arbitration, neither should a bar to class or collective arbitrations or statutory claims be presumed absent evidence that the parties made a knowing waiver of that right. Where, as here, the employees were subjected to contracts of adhesion, and absent any indication that there were advised that their claims – even if statutory- would be limited to individual claims in an arbitration forum, the Arbitrator finds that the language of the Dispute Resolution Policy and the Dispute Resolution Agreement do not preclude class or collective action claims.
Louis Pechman, founder of Waiterpay.com, is the lawyer for the waiters in this lawsuit against Café Centro.