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...
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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. ...
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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...
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WHAT IS THE CRIME-FRAUD EXCEPTION TO THE ATTORNEY-CLIENT PRIVILEGE?
Some big news of late involves the raid of the office (and home and hotel room) of President Trump's longtime personal attorney and “fixer” Michael Cohen. The FBI (in connection with an investigation by the US Attorney's Office for the Southern District of New York) executed a search warrant at Mr....
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Equal Pay Day 2018: Equal Pay Act Update
Today, April 10, 2018, is Equal Pay Day: the date in 2018 the average woman must work until in order to earn the same amount that a male counterpart earned in 2017. When we say “counterpart” we mean an employee with substantially equal skill, education and experience doing relatively the same work...
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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),...
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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...
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MEDICAL MALPRACTICE UPDATE – MARCH 2018
The law is always changing and likes to keep us on our toes. Today we're taking a look at a couple of significant updates in the world of medical malpractice. For more on this practice area, visit our medical malpractice and hospital negligence page.
Continuous Treatment Doctrine...
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PLAINTIFF WINS $13.4 MILLION VERDICT IN SEXUAL HARASSMENT SUIT
An employee, alleging sexual harassment at a Domino Sugar refinery in Yonkers, has won a $13.4 million verdict in federal court in Manhattan.
The plaintiff's own attorney acknowledged that this is a surprising verdict for a single-plaintiff employment case, and attributed the large number – which...
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Planning To Record Your Employer Some Things To Think About
In the age of the do-everything smartphone, it has become increasingly common that potential new clients come to us with recordings and videos related to their employment issue. But for every recording that's helpful, there's a recording that's quite the opposite. So, if you're having a problem at work, should you record...
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Why Employees Should Think Twice About Quitting Their Jobs
Something is going on at work that is not quite right. Your employer is giving you a hard time about an accommodation of a disability or about taking breaks to pump breast milk, but it hasn't quite prevented you from doing what you need to do. A coworker is making sexually inappropriate...
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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...
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