they refer to as borgata babes.ore than 20 servers who wary sealing uniforms sued the casino saying the weight requirement only impacts women but the courts disagree and at least for now the weight requirement can remain in place. obviously the comments began to come in quickly. nj nobody wrote, why is this even an issue? companies should be able to have rules. should the boy scouts be forced to allow girls? or should the girl coutts be forked to allow skies? where does it end? nancy thinks it's ridiculous. i don't care what a waiter or waitress looks like. i just want my drinks served time and the drinks to be good. attorney heather hanson joins us via skype. good morning. >> good morning, bill. >> on the surface to me i'm not really sure why it's not discrimination. it seems pretty clear. you're requiring women to do something men aren't required to do. so help clear it up for me. >> they actually are requiring men to do it. they have the same standards for men who work there as borgata babes as they do for women.

. >>> new at 6:00 it looks like the borgata babes will really have to watch their weight.hy the way is clear for the hotel casino to fire them for gaining a few pounds. >>> also, new tonight, wawa flagship store now open for business in center city. can't make it there. no worries about that. what's new here that will soon be at a store near you. sean? >> joyce, training camp kicks off for the flyers new coach dave hacks stole coming over from college to put a new spin on the flyers offense he talks about going to work later in sports. consideration i'd like to put in my 15-year notice. you're quitting!? technically retiring, sir. with a little help from my state farm agent, i plan to retire in 15 years. wow! you're totally blindsiding me here. who's gonna manage your accounts? this is a devastating blow i was not prepared for. well, i'm gonna finish packing my things. 15 years will really sneak up on you. jennifer with do your exit interview and adam made you a cake. red velvet. oh, thank you. i made this. take charge of your retirement. talk to a state farm agent today.

if you've been to atlantic city, known as the borgata babes. the scales of justice are tipping against these scantily clad casino waitresses. a council ruled the borgata can force these women to stay within a certain weight limit or be fired. the case was sent back to a lower court. >>> the clothing chain forever 21 says it's fixing a problem that caused some customers to be overcharged. customers have been reporting that a $100 processing fee from forever 21 has been appearing on their bank statements after they bought something. forever 21 officials say that processing error began on sunday, and they're working to correct it. they also say that no customer data has been compromised. >>> on long island, a family is celebrating a long shot. it's going to mean some long nights. jason and kelly are the new parents of identical triplets. doctors say that happens only once in every million births. so owen, noah, miles were born prematurely in july. they weighed only three pounds. two months in the hospital before they were able to head home. despit

. >>> a victory today for the borgata casino in atlantic city. an appeals court upheld their policy of regulating hope you have its cocktail waitresses can weigh. 21 cocktail servers filed a suit against the borgata. the policy prohibits servers from gaining or losing more than 7% of their body weight. today's ruling says that borgata's personal appearance standards do not break the law. but it also said that part of the lawsuit should be returned to a lower court to determine if the women were subjected to a hostile work environment by casino managers enforcing those standards. >>> general motors has agreed the criminal case it faced for detective ignition switches. the automaker had failed to disclose a deadly safety defect that's linked to at least 169 deaths and nearly 300 injuries. wire fraud and scheming charges will be dropped after three years if gm cooperates fully with the federal government. the company will also spend lawsuits. difficult case. most especially for the families of the victims who died in gm cars. >> we didn't do our job

you may have seen them at the borgata. we're talking, of course, about those scantily clad women that are serving you cocktails. a new jersey appeals court ruled they can be forced to stay within a certain weight limit or they could risk losing their jobs. there they are. their case was sent back to the lower er er court. that's where the women can argue they work in a hostile environment. >>> still ahead, see what happens when a former president gets caught by the kiss cam at a baseball park. >>> and also up next, a special meet the long island couple celebrating three new additions that really beat the odds. >>> plus, weather and traffic on the 4s coming up. you're watching "today in new york." d be ready. cocktail bitters was huge. i could feel our deadlines racing towards us. we didn' t need a loan. we needed short-term funding. fast. our amex helped us fill the orders. just like that. you can' t predict it, but you can be ready. another step on the journey. will you be ready when growth presents itself. realize your b

we don't have the borgata babes here. melissa: i'm not commenting on it. it for us, "risk & reward" take it away. deirdre: stocks got crushed. dow fell triple digits. you may be wondering what to do with your money. you're not alone, our expert guests are here with practical advice, gary b. smith, tim and scott martin, united advisers chief market strategist. so panel, the fed gave two reasons for nonmove yesterday. low inflation concerns about global growth. kim, to you first. what do you do with this information? >> well, i don't know, i don't

we have new details in the borgata babes fight, what they decided about the casinos weight policy.and a young inventor arrested after making a digital clock is getting additional support and take a piece of pope francis history home with you. we have the details coming up. every friday, mr. lewis connects with his friends at the senior center to enjoy a nutritious, hot meal. which gives him the energy he needs to connect with his grandson, so he can teach him how to land the big one. when older pennsylvanians make the most of programs supported by the pennsylvania lottery, like hot meal programs, we all benefit. learn more at palottery.com. the pennsylvania lottery benefits older pennsylvanians every day. >>> "action news" continues with meteorologist, adam joseph, jaime apody, rick williams and monica malpass. >>> hello again. the top 11 republican candidates squared off in their second debate last night we'll tell you who seemed to come out on top and who fell flat. a warning to good hearted folks that wants to donate for a fund for a good samaritan in rodney square. and parishio

they are called the borgata babes. they are known for wearing tight fitting corsets stockings and heels. servers cannot gain 7 percent of their body weight. 22 waitresses filed a lawsuit saying the rule is unfair. but an appeals court ruled the casino's policy is perfectly legal. >> we want to know, fair job requirement or going too far? send an e-mail at foxnews.com and we will share them later in the show. it is now 17 minutes after the top of the hour. controversy clouding the view. >> she came in in a nurse's uniform and read her e-mails out loud. >> the new trouble for the tv show after those comments about a miss america contestant. >> coraling the characters in time's square the new plan manages a surge of street performers. hey babe, last one home cooks? ♪ ♪ ♪ another tie. order in? next time i drive. the right-sized nissan rogue. ♪ every insurance policy has a number. but not every insurance company understands the life behind it. for those who've served and the families who've supported them, we offer our bes

the borgata for bids severs from gaining more than 7% of their body weight.r standards are law full. now it must be determined if the casino aired in the enforcement of the policy. it seems outrageous someone can tell you how much you can weigh. >> do you think that was a female judge? >> good question. >> that's a good question. >> that's quite a ruling. >>> so many of the world's most beautiful people are in new york city this week because it's fashion week. they didn't all grow up here or in europe. >> you did grow up in new york. you might be biassed. >> a growing number from the midwest are waiting to be discovered. we're up "up all nightline" now with abc's mara schiavocampo. >> she's tall or she has long legs. she's cute. >> in the blue? >> yeah, mary and jeff clark are high fashion model scouts coving the crowds of teeny bopper concert venues and small town malls. the husband and wife team's business took off when mary discovered this guy at an iowa bar. up, that's ashton kutcher. >> so tell me about ashton. what stood out? >> i just remember thinking

today an appeals panel has upheld borgata casino's policy that regulates how much its cocktail waitresses can weigh. the court says the personal appearance standards are lawful. in 2013, 21 servers filed a lawsuit against the casino. their case is now being sent back to a lower court to determine if they were subjected to a hostile work environment. >>> nothing wrong with going queens on us. >> it happens. >> all right, it would be great to win $2 million, wouldn't it? you may get that letter. what's the catch? >> a warning about a new letter here's consumer reporter linda baquero. >> evelyn received a surprise when she checked the mail at her home in staten island. >> $2 million? i won $2 million? i didn't go to any contest. i don't know why i won this. >> reporter: evelyn opened up this official looking notice for the filing year 2015 with her certified award. she could accept a single check or annual payments over 30 years. >> now, if i wanted it straight cash, it came down to 1 million and change. but if i wanted the 2 million, i can get that in installments. then made it look very pr

gaming officials charged resorts, borgata and tropicana letting addicted gamblers place bets. the other two casinos forfeited the money made from gamblers under 21. >>> i'm tracking scattered showers this morning. we'll see mainly dry conditions and a fall chill settled in for our area. i'll let you know what to expect coming up in my full forecast. >> traffic tickets, how police in one montgomery suburb are going cyber. at longhorn, steak is all you need. its not all you get. longhorn's great american steak dinner for $12.99. perfectly seasoned sirloin with your choice of side. plus, an appetizer, or a dessert. all with fresh salad and unlimited bread. the great american steak dinner, for $12.99. tonight, only at longhorn steakhouse. you can't fake steak. for lunch try our steakhouse burger, or any steakhouse lunch combo starting at $7. >>> welcoming the world. happening today philadelphia hosts thousands of pilgrims in town for the biggest gathering of catholic families. >> special invitation. this teacher fired because of a same-sex marriage, now has a meeting with the pope

a judge rules the borgata casino that fire cocktail waitresses who violate their weight rule. 22 of theesses filed suit. they claim the rule stating they cannot gain or lose 7% of their body weight was unfair. workers also say they were asked to if they were pregnant or just fat and others snorted at them like pigs they claim. the female servers are required to wear tight fitting corsets, stockings and high heels. >>> a rough start to the school year for students and staff at clear view high school in gloucester county, new jersey. now, administrators say that they have one confirmed case of whooping cough. district officials posted the information on their website today. they say along with that confirmed case there's another suspected case they're looking into. we're told the student who has whooping cough had been absent for a few days. school officials are sanitizing both buildings on the campus along with all the school buses. >>> and that time of year again time for ghosts and goblins to appear. >> what better place than america's largest haunted house. i love this place. today te

the new jersey division of gaming enforcement reveal the fines last week against the resortings borgata and tropicana for accepting bets from underaged people and those who have asked excluded from gambling. minimum age for gambling in new jersey is 21. the state let's people ban themselves from casino or internet gambling by signing up for a self ex clues list much casinos did not contest fines. >>> what a difference a day makes. eagles fans so optimistic for a win on sunday. dez bryant was out, right? >> um-hmm. >> embarrassed and defeated on monday. now a lot of folks are wonder wagon lies ahead for the rest of the season. yesterday's loss to the cowboys was so rough my neck hurts. i think i through it out by doing some weird movement. >> watching that game that could have happened. ask any eagles fan. we sent fox 29 weekend's bill anderson to do just that. some say this is the worst birds have played in long time most of us diehard fans are saying that. we were disgusted by the lack of the effort. we started the season talking about the super bowl and after two games some wonder if

liz macdonald liz: if you want to be a borgata's babe, when you're hired-- >> babe?at's what they're called. stuart: officially called liz: officially called. stuart: you weren't interjected liz: no, i would never do that. when you're hired you cannot lose or gain more than 7% of your weight. hey, wait a second this puts us in a hostile work environment. we've got customers that say you look fat or pregnant, and borgata says it's in their hiring practices. stuart: you know the rules when you went in and don't try to change them when you're in. ashley: the point is that it's a hostile work environment and supervisors are making comments. stuart: sue them for something else liz get rid of them. stuart: where are you coming from, ash. ashley: i'm supporting the babes. they're trying to make a living. stuart: we're all walking on a tightrope liz: that's my fault, i shouldn't have given their job title. stuart: bail me out, lauren simonetti. >> i'm not touching you with a 10-foot pole. amazon is selling six packs of the new tablets, if you buy five, amazon will throw in a

. >> did the borgata story. >> apparently if you gain a pound they notice. and it doesn't sound like a good place to work. >> i don't look good in a corset. take it away, jon. i got to get out of this. >> and details over cooking the books over isis. and details going farther back. and carly fiorina, some say she can replace the front runner. is she ready for the general election. howard kurtz is up. >> we have mountains of debt and losses and you were forced to file for bankruptcy. >> i never filed. >> not once but four times. a record four times. you think it smells fine, but your guests smell this... febreze fabric refresher eliminates all the odors you've gone noseblind to break out the febreze and breathe happy. know how to pack uber flavor into ultra thin. sargento ultra thin slices, the same taste, just thinner and 45 calories a slice. that's 45 reasons to layer, fold, mix, match, beg, stack, sneak, peek, tease, taunt, like, love. because real cheese people bite with abandon. hold the sacrifice, no compromise. sargento ultra thin slices, we're real ch

a court says the borgata can use weight standards but management has to enforce those standards lawfully. an appeals court says that 11 of 21 women that brought a lawsuit against the casino may have been subjected to a hostile work environment. that decision will now be made -- was made by a lower court. management says that the policy was upheld and that employees agreed to certain standards as, quote, costumed beverage servers. >>> new job for new york city's former council speaker. christine quinn was named president and ceo of women in need that serves homeless women she lost the mayoral race in 2013. her new job begins in november. >>> we have new information. we know which footed was behind a salmonella outbreak at chipotle. also, what is being done to bring more flights to macarthur airport on long island. geico motorcycle, great rates for great rides. join the millions who have already switched. we switched. and now, we're streaming netflix. who knew time warner cable's internet was so fast! we can watch our favorite shows together, on demand. i switched. so i can connect to the

gaming officials charged resorts, the borgata, and tropicana with letting more than 100 underaged anddicted gamblers place bets. resorts even allowed those who banned themselves from gambling sign up for internet accounts. others forfeited the money they made from gamblers under 21. >>> back to our excitement, it's building here in philadelphia as the clock ticks down to the papal weekend. >> nbc 10's ted greenberg found some people have different plans this weekend. >> reporter: yeah, jackie and jim, they are planning to head here to the jersey shore to avoid the papal crowds and businesses are hoping to cash in. i'm live in ventnor with the story. >>> coming up at 5:00, hockey history. a live look at the wells fargo center. the flyers is about 60 miles away preparing for something never been done before. that story all new at 5:00. mirrors. they show us all our problem areas... those places that we can't wish or squish away. well now fear no mirror, and eliminate those problem areas with coolsculpting - the patented cooling technology targets and kills fat cells, with no surgery or

. >>> 20 minutes of nonstop news continues with another defeat of the so-called borgata babes, policy of regulating how much its cocktail waitresses can actually weigh. the policy prohibits servers from gaining or losing more than 7% of their body weight and in the ruling the court said the casino's personal appearance standards are legal and part of a lawsuit brought by 21 servers should be sent to a lower court to determine if the women were subjected to a hostile work environment when it came to how casino managers enforced those standards. we want you to chime in about this story on our facebook page. what do you think about the babes policy? babes policy? icée and join the conversation. we'll read some of your responses coming up on nbc 10 news at 5:00. >>> now to an update on a story from cape may we first told you about last month. some outraged bicycle owners who were ticketed and had their bikes seized by the city will not have to pay a fine. four of the bike owners, including tourists and a local life guard fought the $100 tickets in court today. on august 24th city workers

. >>> another defeat for the so-called borgata babes.a senate appeals panel held the casino's policy of regulating how much its cocktail waitresses can weigh. the policy prohibits servers from gaining or losing more than 7% of their body weight. in today's ruling, the court says the casino's personal appearance standards are legal, but also says part of the lawsuit brought by 21 servers should be sent back to a lower court to determine if the women were subjected to a hostile work environment when casino managers enforced those standards. today we're asking you to chime in with your thoughts about this policy. here's what some people had to say, linda smith writes, if that's their policy when they go for the job, then the babes should adhere to the rules. here's one from joe, don't work there if you don't like the rules. every job has rules. abide or quit. continue to submit your comments on the nbc philadelphia facebook page. wooe we'd like to hear from you. >>> richard gere is taking on homelessness in his latest movie, but he hasn't s

and coming up on fox 29 weekend, 8am on sunday rule that says the borgata babes can't gain wit. >> pluss with colleges. how you can get some more money for financial aid. >> and eagles, emmys no reason to be anywhere but fox 29 tomorrow. we'll see you then. ♪ >>> a local mom is getting a lot of attention her son went off to college but he hasn't been calling and that is not sitting very well with her. so the chester county mom made a video of him and guess what? it's gone viral. >> this is what i do. i'm a mommy and mommies help their kids learn like i taught you how to go on the potty and ride a bike. i'm going teach you how to use the phone. don't be afraid. you'll put it up to your hear and hear this ringing noise. it will sound strange to you because you haven't heard it in awhile. hold that up to your ear. and ring ring rink and hear is the magical part, bud. even though i'm two hours away from you the phone is going to ring on my end and it's going to say my baby boy is calling me. and i'll pick up the phone. put it to my ear just like you, hey, yeah, that's how that works. oh, my

. >>> and it look like the borgata babes will really have to watch their waist.s now clear for the hotel and casino to fire them for gaining a few pounds. ♪ ♪ ♪ ♪ geico motorcycle, great rates for great rides. >> fox 29 news hd brought to you by xfinity the future of aweso awesome. >>> family of high school football player kicked off the team for hitting his opponent in the head with a helmet is coming to his defense. anita mcduffie says this whole thing was an accident. the accident she's dawk bowing the focus of a viral video. showing a player slamming a helmet against the head of his opponent. the 18-year-old has since been suspended from school and kicked off the football team but mcduffie insists her son's hand got stuck in the opponent's helmet he intentionally didn't swing that helmet. >> he really is apologetic for this. he didn't mean it. he said it was an accident and my thing is he said his hand got stuck in the helmet and i believe my child. >> the player that was hit left the game before half time received 10 stitches. >>> well, straight in the horse

a new jersey appeals court has ruled the borgata can regulate the weight of its waitresses. the ruling said a lower could short decide if managers created a hostile work environment. management says its policy was upheld and that employees agreed to certain standards as costumed beverage servers. president has to do to make the public happy. jimmy carter and mike roslyn were taking in last night's braves blue jays game when they found themselves on kiss cam. the couple approaching 60 years of married bliss was more than happy to oblige. the former president says he is looking forward to celebrating his 91st birthday october 1st. >> you see who initiated that kiss? mrs. carter. i love that. >> woman always keeps you going right. >> i love that. >> we are following breaking news in the bronx. a live look from the kings bridge section where a passenger steps out of a car and was hit and killed by a bus. >> summer winding down with plenty o'sunshine, th . >>> you're never more than 7 minutes away from weather and traffic together. happy friday everybody. lets take a look at our

. >>> well, meet the borgata babes, they serve drinks at the borgata hotel and casino in atlantic cityy could be out of a job. according to the casino's policy servers cannot gain 7% of their body weight. 22 waitresses filed a lawsuit claiming that that rule is unfair. but an appeals court ruled against them saying the babes knew about that rule when they took the jobs. >>> and penalized for wearing ? teen rotc member jager goode was suspended after a teacher asked him to lift his hoodie. the teacher found an american flag underneath that the teenager was wearing. the high school said it was a dress code violation, even though logos supporting the military are okay. the mom fought back against what she thought was a ridiculous punishment. and she won. >> the fact that acknowledging it is huge, and the fact that they're willing to stand by and grow from this, that means a lot. >> now her son's suspension was stricken from his record. >>> and an emotional reunion that's been ten years in the making. we had told you about this not long ago. master sergeant mike maroney came on our show an

. >>> meet the borgata wababes.out of a job. so is this decision really fair, was it shocking to people? what happens next? joining us now for a legal debate, a former prosecutor and attorney and fox news con continue butte tore. gre con trilt would you tore. this has been going on for quite a while. was it a surprise to you? >> no, not at all. the law is simple and clear on this issue. if you have a bona fide occupational qualification that a person -- foq -- that a person needs to appear a certain way in order to do the job, it's a necessary component for the job, your employer is allowed to demand that you appear a certain way and that's what the law is here. >> how did this even get to the courts then if that's the case? >> because they had a group of 21 or 22 women who complained about it. two of them got fired either for gaining too much weight or for losing too much weight. so it's not just that you're being overweight. and they filed a class action lawsuit because they can't like the way the policy was being