MAY IS BIKE SAFETY MONTH

In light of bike safety month, let's talk about what happens if you get hit by a car while riding your bike.  In New York, the No Fault Law protects individuals injured in motor vehicle accidents – whether they are cyclists, pedestrians or other drivers or passengers.  If you are injured in...
MAY IS BIKE SAFETY MONTH Continue reading…
Two men in suits reviewing a document together

WHAT EXACTLY ARE YOU GIVING UP WHEN YOU SIGN A SETTLEMENT AGREEMENT?

A reader recently sent me an article which discussed how Bill O'Reilly's lawyers appear to have inserted language into his settlement agreements that required the women receiving payments to lie about the proceedings - even if under oath in court - if any of the information surrounding the settlement ever became public. ...
WHAT EXACTLY ARE YOU GIVING UP WHEN YOU SIGN A SETTLEMENT AGREEMENT? Continue reading…

Scotus Issues Employer Friendly Flsa Decision Involving Employees Of Car Dealerships

On April 2, 2018, the Supreme Court issued its decision in Encino Motorcars, LLC v. Navarro, a case involving whether “automobile service advisors” employed at car dealerships are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).  The Court, in a 5-4 decision, held that service...
Scotus Issues Employer Friendly Flsa Decision Involving Employees Of Car Dealerships Continue reading…
Doctor reviews notes with someone across the table

WHY YOU SHOULD BE CAREFUL ABOUT TAKING LEGAL ADVICE FROM YOUR DOCTOR/SIBLING/PARENT/SPOUSE/FAMILY MEMBER/CO-WORKER/THE INTERNET

We live in an interesting time.  Now more than ever we have access to an amount of information that was quite literally unfathomable just twenty years ago.  You can, with the click of a button, find out how many strikeouts David Cone had for the Yankees in 1996 (71),...
WHY YOU SHOULD BE CAREFUL ABOUT TAKING LEGAL ADVICE FROM YOUR DOCTOR/SIBLING/PARENT/SPOUSE/FAMILY MEMBER/CO-WORKER/THE INTERNET Continue reading…

WHAT IS THE MARITAL PRIVILEGE?

This week it was reported that Donald Trump, Jr. and his wife Vanessa are divorcing.  When news outlets then reported that Vanessa Trump's divorce papers were filed by a criminal defense attorney, people started wondering if she was going to be subpoenaed by Robert Mueller as part of his investigation into Russian...
WHAT IS THE MARITAL PRIVILEGE? Continue reading…
The Northern District Federal Courthouse

COURT RULES EMPLOYEE DOES NOT HAVE TO EXHAUST STATE CIVIL SERVICE LAW PROCEDURES PRIOR TO FILING FEDERAL DISABILITY DISCRIMINATION LAWSUIT

In October 2017, D'Orazio Peterson LLP (Giovanna D'Orazio, of counsel) argued an issue of first impression in the federal district court for the Northern District of New York.  (Meaning there was no controlling case law from the Second Circuit or US Supreme Court on the issue).  The issue was whether a public...
COURT RULES EMPLOYEE DOES NOT HAVE TO EXHAUST STATE CIVIL SERVICE LAW PROCEDURES PRIOR TO FILING FEDERAL DISABILITY DISCRIMINATION LAWSUIT Continue reading…