Long Island City, Queens & NYC Employment Defense Attorney
From an employer’s standpoint, if you are following similar pay practices to other businesses, it may seem like safety exists in numbers. You may believe that perhaps doing what other companies do is a safe standard as far as equal pay for women issues are concerned.
In 1974, women across the United States made 59% of what men doing comparable jobs made.
By 2014, women made 79% of what men made.
Women with higher degrees have a higher gender pay gap than women with less education.
Women of color (Hispanic, African American, American Indian and Native Hawaiian women) have a greater gender pay gap than Asian and white American women.
Women typically earn 90% of what men earn until hitting age 35, at which point they begin earning 76-81% of what men are paid.
When company employees file claims, a company is singled out and at risk for damages. The fact that other companies are also violating the Equal Pay Act is not an excuse in the eyes of the law.
Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination
Recently, the Equal Employment Opportunity Commission (EEOC) brought a case against Sealed Air Attempts were unsuccessful during a pre-litigation conciliation process to reach a settlement.
Here were the facts alleged in the case:
A paid female production supervisor was paid lower wages than her male counterpart doing substantially the same work.
The company imposed a restrictive language policy on the employee by prohibiting her to use Spanish in the workplace.
The lawsuit seeks damages for lost wages, liquidated damages, compensatory damages and punitive damages for Title VII of the Civil Rights Act and Equal Pay Act violations.
Do You Have Concerns about Equal Pay Issues?
Consult with an experienced employment litigation lawyer and put policies in place to protect your business. Stephen Hans & Associates provides seasoned legal advice and representation based on more than two decades of legal experience in employment law.
Cool ocean breezes on a hot summer day and the freedom of an open sea make boating a favorite pastime for many people. It’s a lifestyle for numerous Long Islanders. However, many boaters are complacent, and don’t take precautions or boating laws serious enough, which can (and has) caused tragedy. If you live on Long Island go out boating for leisure, this post can be extremely informative and perhaps save you from ever enduring a boating accident. Following the laws of boating and ensuring your safety as well as the safety of others on your boat or on the water is vital to both experiencing enjoyable rides and avoiding boating accidents.
The US Coast Guard Recommends the Following Safety Precautions
According to the US Coastguard (USCG), hundreds of people die and thousands suffer injury every year from preventable recreational boating accidents. We cannot overstate how important it is to follow the laws of boating and take the necessary precautions to avoid such tragedies:
There are also numerous other precautions you can take, which include taking courses on boating, learning to swim and avoiding alcohol or drug use. Here are some other tips not stated by law, but extremely useful in regards to safe boating:
Before even planning an adventure at sea, check the weather forecast – check it weeks before, the day before, the morning of, and right before – bad weather can lead to catastrophe if you’re boating
Understand the navigational aids of the sea, such as buoys, and stay within safe, non-shallow waters – the last thing you want is to destroy your engine if it starts sucking up sand – not only can it be dangerous and unlawful not to follow navigational aids, it can also destroy your boat
While in many instances a boating accident is the fault of the boat owner or participants, this is not always true. If someone else’s negligence or recklessness causes a boating accident, you may have legal recourse to recover damages. Hospital and medical expenses, compensation for pain and suffering, and lost future income due to disabling injuries are matters you can discuss with an experienced lawyer.
As an attorney in a solo or small firm, you are pulled in many different directions. Not only do you have to manage client relationships and cases, but you have to make sure you get paid for the work you do and maintain cash flow for the firm.
What is the best way to manage your firm’s legal billing without being chained to your desk? The answer is mobility.
Mobility gives you access to all of your matters and client billing anywhere at any time and offers a way to provide smaller, more frequent manageable client invoices. Rather than saving everything for the end of the month, the end of a case or when you are sitting at your desk, you can prepare invoices in the courthouse or even on the beach.
Not only does mobility allow you to bill your clients on-the-go, but it also allows you to view accounting reports and keep tabs on billing and outstanding items while in court or meetings with clients. Your clients will be impressed with the quality of service you are able to provide.
Finding a practice management solution that can offer the mobility you want and need is the key to get your billing and other tasks done quickly and efficiently. Seamless synchronization with your desktop is imperative so you can maintain accurate records of all activity while you are on-the-go.
While legal billing on-the-go may sound too good to be true, LEAP offers complete mobility so you can run your solo and small law firm from anywhere at any time. To learn more about LEAP, please visit our website or follow us on LinkedIn for company and product updates.
Media outlets across the country are addressing controversial laws passed recently in certain states that prohibit transgender individuals from using bathrooms consistent with their identity. New state laws require them to use a restroom consistent with the sexual identity on their birth certificates.
New York City has taken its own stand on this issue
Employers should take note that NYC is the first city in the nation to launch a campaign that grants people in NYC the right to use the bathroom consistent with their gender identity — as opposed to genders indicated on birth certificates. Read More:
Ads are appearing all over the city in subway cars, bus shelters, phone booths and newspapers along with digital ads across social media. The ads are appearing in multiple languages, including Spanish, Korean, Chinese, Russian and Bengali. They state, “Use the Restroom Consistent with Who You Are” and “Look Past the Pink and Blue.”
NY has long been at the forefront against transgender and other discrimination issues
NY Governor Andrew M. Cuomo was the first executive in the nation to issue statewide regulations that prohibited transgender discrimination. The regulations went into effect on January 20.2015. New York has long been a champion of human rights and was also the first U.S. state to enact a general anti-discrimination law in 1945.
Under New York law, human rights violations can carry penalties and civil fines up to $50,000. If “willful, wanton or malicious” discrimination fines and penalties may go up to $100,000 and have no caps on compensatory damages awarded to individuals.
Stephen Hans & Associatesis an employment litigation firm that defends small and medium sized businesses in discrimination, labor law and other employment related matters.
Inadequate legal software can make day-to-day tasks such as billing, mundane and difficult. But with a good legal practice management system, billing can be painless. Here are a few tips to make legal billing easy.
Set realistic client expectations
Set a cost agreement with each client so both parties know what to expect once you start working on their matter. Also, remind clients that unpredictable costs do occur. Preparation and warning is always better than conflict and dispute.
Bill as you go
Don’t wait until the end of the month or until the end of matter to bill your clients. Billing as you go will make things easier for you and the client! Smaller bill amounts are more affordable and clients can budget for them.
Offer multiple payment options
In this day and age, all your bills can be paid online. The same should be the case when your clients pay you for your services. Offering clients multiple ways to pay such as online or by check will make things easy and help you get paid faster.
Stop chasing debt
Time is money. Instead of focusing your valuable time chasing clients who haven’t paid, focus on billable tasks. To do this, ask for a trust deposit when appropriate or suspend service to clients who won’t pay.
Use technology to get paid
Using good practice management software that will provide you with detailed and useful reports and alerts will help you to keep on top of debtors and allow you to bill more easily and more often.
Making simple adjustments like the five examples above can help to accelerate your cash flow and reduce your working capital requirements.
To learn more about how to make legal billing easy, please visit www.leap.us.
It’s called Alternative Dispute Resolutions (ADR), and we’d like our followers to know more about how “Arbitration” and “Mediation” (the two types of ADRs) can be better options, in particular cases, than bringing personal injury cases to trial.
Arbitration is an ADR to trial. When two parties at dispute cannot come close to an agreeable resolution, arbitration may present a better means of resolution as opposed to trial, and we’ll list exactly why.
“Binding” arbitration is when an unbiased third-party of authority meets with two at-dispute parties to come to a resolution outside of trial. The arbitrator acts somewhat like a judge and jury. They will listen to witness testimony, review evidence such as documents and photographs and make a final resolution. Since this type of arbitration is “binding”, the decision is final and both parties must abide by it. “Non-binding” arbitration does not require either side to abide to the arbitrator’s decision, but is moreover used as a guideline.
Mediation is another form of ADR. Mediation is a “non-binding” discussion wherein a mediator listens to each party’s position and makes recommendations as to how the case should be resolved. “Non-binding”, in other words, means that parties do not have to agree to the mediator’s recommendations. Mediation occurs mostly between two parties who understand that compromise is necessary to bring their case to a close. It’s the mediator’s job to help both parties come to an agreement, whereas in arbitration, the agreement is made by the arbitrator. A mediation is more of a negotiation whereas arbitration is more akin to a trial.
Sometimes during divorce or after a divorce concludes, the spouse receiving spousal support may begin cohabiting with another partner. Should you have to pay spousal support, which would effectively go to supporting that couple instead of an independent spouse?
How Does New York Law Address This Issue? Read More
Details of the Sanseri v. Sanseri Case
The wife admitted to living with another man, sharing a bedroom and commingling finances through a joint checking account. Read More
Whether she should continue receiving maintenance hung up on the point that she had never “held herself out” as the spouse of her fiancé.
Supreme Court’s Ruling
After reviewing the details and applicable case law, the court ruled that the burden of proof requires that the wife show a need for maintenance or the inability to provide for herself. Read More
If you have questions about spousal support, Attorney Chris Palermo will be glad you answer your questions and advise the best course of legal action.
How Can Video Surveillance Affect Your Workers’ Compensation Claim?
When you have been hurt at work and have filed a workers’ compensation claim, you have to be concerned about the potential for being videotaped without your knowledge. Workers’ compensation insurance companies routinely send private investigators to clandestinely film claimants, looking for evidence that a claim may be bogus. So you can worry “how much can I do around the house? Will I jeopardize my claim if I try to mow the lawn?”
There’s a simple way to minimize the risk that you’ll have any problems with someone videotaping your activities: Read More
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
DOL Sets Overtime Rules Affecting the Restaurant Industry
Whether you own a fast food restaurant or a fine dining establishment, you must now pay your salaried workers overtime if they meet new qualifications set by the Department of Labor (DOL).
How Does the New DOL Overtime Rule Compare with Past Rules?
The DOL released the new rule in May 2016. The limit on salaried workers who could collect overtime had stayed at $23,660 since 2004. Here are some relevant facts for owners in the restaurant industry:
Average wages in the U.S. for chefs, head cooks and pastry chefs are $45,920
Bakers’ wages average is around $26,270
Culinary Journalists’ mean wage is $46,560
The majority of these employees work 50 or more hours per week. Read More
When Does the Overtime Rule Go into Effect? Read More
Stay on Top of Changing Laws as an Employer
At Stephen Hans & Associates, our firm helps small and middle sized business owners deal with legal changes. We understand how difficult it is to stay apprised of new laws while managing in the daily demands of running a restaurant.
We do not just keep you informed. We also provide legal guidance and representation to help you protect your rights and assist you with policies that avoid liability.