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Catholic school teacher fired over fertility treatments

17 May 2012, 6:40 am

Author: Leeds Morelli & Brown, PC
“New York Teachers Rights Discrimination Attorneys”

Jeffrey K Brown, Leeds Morelli & Brown, PC

Emily Herx has filed a lawsuit against the Diocese of Fort Wayne-South Bend and St Vincent de Paul School for discrimination. Herx was fired from her job as a Catholic school teacher for using in vitro fertilization. Herx was told she could no longer work at the Catholic school where she’d been teaching for the past seven years because of Catholic doctrine forbidding. The school denies that there was any discrimination, as the Diocese and the Catholic school “has clear policies requiring that teachers in its schools must, as a condition of employment, have a knowledge and respect for the Catholic faith and abide by the tenets of the Catholic Church.” One of those tenets holds that IVF treatments are a sin because, the Diocese explained in a statement, they “frequently involve the deliberate destruction and freezing of embryos.” Full article.

In the workplace, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The Supreme Court recently decided in favor of a church in a workplace discrimination case based on a “ministerial exception” allowing religious organizations extra leeway when it comes to firing employees for behaviors they consider unsuitable. The Herxes will have to distinguish their case to be successful.

Leeds Morelli & Brown, PC dedicates a large portion of their practice to the area of employment law. Our firm has represented many plaintiffs in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

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Protecting Your Loved Ones as They Age

16 May 2012, 4:26 pm

Author: Law Office of Bonnie Lawston
Home Health Care:Starmulticare

If your parents or a loved one have suffered an injury or have an illness that makes it difficult or impossible for them to address their own needs, you may need to secure in-home care services. At the same time, you will want to take all appropriate legal measures to protect your loved ones and to give you the authority and flexibility necessary to quickly and effectively handle legal, medical, financial and other issues.

At the Law Office of Bonnie Lawston, in Huntington Station, we have extensive experience helping people protect their rights and the rights of loved ones when in-home, assisted or nursing home care is required. This blog post answers basic questions about the services offered at the Law Office of Bonnie Lawston.

Q: Bonnie, give us an overview of the range of services you provide.

A: We offer comprehensive estate planning and asset protection counsel. We will help you put together an effective plan for the distribution of your property in the event of your death. We also understand, though, that many people save and work their entire lives to build a substantial estate, only to lose most or all of it to the costs of medical care in their final years. We can help you take steps to safeguard your assets, and to find alternative means of paying for the care that you need. We also assist individuals who need to put a guardianship or conservatorship in place for a loved one who can no longer manage his or her affairs.

Q: It appears that more and more senior citizens require in-home and other types of constant care as our society ages. What role does your office play in protecting individuals and their families when regular care is needed?

A: We provide a wide range of services to individuals and their families. We work directly with companies, such as Star Multi Care, that provide comprehensive, in-home, medical and non-medical services. We will help you structure your assets so that you can pay for the care needed, but so that there is minimal impact on the value of your estate. We will also review, prepare, amend or negotiate the terms of any agreement with a care provider.

We will prepare all the necessary estate planning documents such as trusts, power of attorney forms, living wills and health care proxy. We will discuss your options to help avoid probate and other issues.

Q: My parents have health issues, but can manage their own affairs most of the time. Can I set up a guardianship that only goes into effect when necessary?

A: Yes. We can create a guardianship or even a power of attorney that will only be activated if a doctor or mental health professional expressly states in writing that your loved one lacks capacity to manage their own affairs. This allows your loved ones to maintain their independence and dignity, but also gives you the protection you need to safeguard their assets and affairs.

Q: My parents spend their winters in Florida. Does that pose any problems?

A: No. We can set up all documents so that your parents’ needs are addressed regardless of where they live. Star Multi Care offers in-home care services in New York, Ohio, Pennsylvania and Florida.

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Federal Government Was the Biggest USERRA Violator

11 May 2012, 1:36 pm

Author: Stephen D. Hans, Stephen D. Hans & Associates
“Queens New York Employment Defense Attorneys”

The Washington Post recently reported that the federal government was the greatest violator of Uniformed Services Employment and Reemployment Rights Act (USERRA). Labor Department Statistics obtained through Freedom of Information Act showed that in the fiscal year 2011, more than 18 percent of the 1,548 violation complaints filed through USERRA involved federal agencies.

What is USERRA?

USERRA requires that virtually all employers regardless of size comply with the act’s employment requirements. USERRA applies to full-time, part-time, and probationary employees in any of the armed services, including the reserves of all armed services, the National Guard, the Air National Guard, and employees performing certain disaster response work. Armed service individuals who give employers advance notice of their armed service obligation and whose cumulative service is less than five years have the right to reemployment and cannot be denied employment, promotion, or benefits based on their military service obligations.

For questions and legal advice about dealing with employees returning from USERRA leaves consult an experienced New York employment defense lawyer .

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Brake Override Systems Put an End to Stuck Accelerators

11 May 2012, 12:49 pm
Author: Rosenberg & Gluck, LLP
“Personal Injury is All We Do”
Suffolk County New York Injury Attorneys

Many auto manufacturers are now incorporating brake override systems into their vehicles.  A brake override system is a software program in the onboard vehicle computer that breaks the connection to the throttle when the driver steps on the brake pedal. The override also assigns priority to braking if the driver pushes both pedals at once or if the accelerator is already engaged.

A number of incidents signaled a need for this modification. A fatal San Diego accident occurred in 2009 when a highway patrol officer and his family were driving a Lexus sedan that they borrowed from a dealership. The accelerator became caught under the floor mat and the car reached 120 miles per hour with no ability to brake because the accelerator was stuck. A fatal accident and other incidents led Toyota to recall millions of vehicles that potentially had sticky accelerators. Read More

Experienced Long Island car accident lawyers routinely investigate car crashes on behalf of their clients. If a manufacturing defect resulted in injury or death, they can often hold the manufacturer accountable. Discuss your car crash with a skilled NY accident attorney.

 

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Nursing Home Injuries-Bedsores/Decubitis Ulcers

9 May 2012, 7:18 am

Author: Sackstein Sackstein & Lee, LLP

Bed roomWhen your parent or loved one can no longer take care of themselves, and must go into a nursing home, you expect that they will receive a decent standard of care, that their last days won’t be spent in needless pain and suffering. Unfortunately, nursing homes are businesses, and often put profit ahead of providing the highest levels of care.

One of the most debilitating conditions for individuals in nursing homes is bedsores, known medically as decubitis ulcers. An individual who is bedridden, for any condition, must not lie in the same position for lengthy periods of time. If this happens, sores can develop, which not only can be quite painful, but can develop infections, leading to very serious health concerns. Because many nursing homes are understaffed, lack appropriate procedures for avoiding bedsores, or are staffed by personnel who lack the necessary qualifications or skills to minimize the risk of bedsores, far too many residents of nursing home facilities suffer needless injury.

If your loved one has incurred bedsores in a nursing home facility, the lawyers at Sackstein Sackstein & Lee, LLP, can help. We have more that 60 years of experience protecting the rights of personal injury victims, including people who have suffered bedsores in a nursing home. We have recovered many substantial judgments and settlements for our personal injury clients.

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New York Class Action Lawsuit Defense Firm

8 May 2012, 1:35 pm

First Circuit Lays Down Ground Rules for Cy Pres Awards

Author: Baker Hostetler: Paul Karlsgodt,Posted in Settlements

What to do with unclaimed settlement funds is a common problem facing class action litigants. There are at least four methods of distributing unclaimed settlement funds: (1) reversion of unclaimed funds back to the defendant; (2) payment to those claimants who did make claims on a pro rata basis; (3) letting the funds escheat to the state; and (4) a cy pres award to a charitable organization. All of these methods have been the subject of criticism, but the practical reality is that something has to be done with funds from a class action settlement that are not claimed by class members.

Recently, the First Circuit Court of Appeals issued a decision that outlines the circumstances under which a court may approve a cy pres distribution of unclaimed settlement funds. In In re: Lupron Marketing and Sales Practices Litigation, Case Nos. 10-2494, 11-1329 (1st Cir., Apr. 24, 2012), the parties had agreed to a provision that gave the trial court discretion on the distribution of any unclaimed funds from a settlement of claims alleging overcharging for the medication Lupron. The Court had ordered that $11.4 million in unclaimed funds be distributed to a non-profit cancer center for the purpose of treating diseases for which Lupron was commonly prescribed. Although the First Circuit expressed “unease with federal judges being put in the role of distributing cy pres funds at their discretion,” it found that the trial court had not abused its discretion. Read More

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New York Employment Law Attorneys,Waiters Rights:NY Caterers Fighting to Dismiss Claims

8 May 2012, 8:02 am

Author: Jeffrey K. Brown: Waiters Rights
Leeds, Morelli & Brown, PC: New York Employment Law Attorneys

Jeffrey K Brown, Leeds Morelli & Brown, PC

NY caterers fighting to dismiss current unpaid tips claims by employees and former employees

With the help of the NY senate, New York area catering halls have proposed two bills to avoid paying their workers’ for existing claims regarding unpaid tips which were taken as “mandatory gratuities” from catering customers.  The two bills currently being considered in Albany would retroactively end the claims of workers in many recently filed lawsuits in New York, where employees and former employees are seeking payment of unpaid gratuities under Section 196(d) of the state Labor Law.

Jeff Brown, a partner at Leeds, Morelli & Brown, P.C., represents workers in many of the lawsuits that have been filed against caterers across the New York area.  “They want the law to say ‘you can’t be sued from today going back, but you promise not to do it going forward… And they were hoping to sneak this by in the legislature without anyone noticing it. Meanwhile the workers will be left in the cold” said Mr. Brown. Lenard Leeds, also a partner at Leeds, Morelli & Brown, P.C., added, “These greedy owners simply do not want to pay the workers the gratuities that they rightfully earned, that the owners collected, and that the courts have held must be paid… They want to retroactively say they have done nothing wrong – even though that’s not what the law and the courts have said.”

Under Section 196-d of the New York State Labor Law:  “No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee. This provision shall not apply to the checking of hats, coats or other apparel. Nothing in this subdivision shall be construed as affecting the allowances from the minimum wage for gratuities in the amount determined in accordance with the provisions of article nineteen of this chapter nor as affecting practices in connection with banquets and other special functions where a fixed percentage of the patron’s bill is added for gratuities which are distributed to employees, nor to the sharing of tips by a waiter with a busboy or similar employee.”  Read More

Our lawyers excel at helping its clients collect the compensation they have earned and the justice they deserve.  If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, employer discrimination, or just looking to speak with an employment attorney, please contact our law office, Leeds, Morelli & Brown, PC, 1-888-5-JOBLAW, at One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

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Suffolk County Accident Lawyers: Aging Drivers and Driving Risks

7 May 2012, 10:36 am
Author: Rosenberg & Gluck, LLP

“Personal Injury is All We Do”
Suffolk County Accident Lawyers

Whether on the news or through personal experience, we have all witnessed senior drivers with diminished driving skills. According to a recent Fox News article 28 states and the District of Columbia require drivers over age 65 to renew their licenses more frequently, pass vision tests, and some require road tests. Yet other states like Florida and New York allow elderly drivers to renew their licenses by mail or email.

Some seniors become fearful, notice their lack of confidence, and without any prompting simply quit driving. Others stop driving after a series of accidents. Some never would stop unless a relative took their keys away, a doctor advised them to no longer drive, or insurance companies were unwilling to cover them.

From a legal and safety standpoint, there is uncertainty about how and where to draw the line for elderly drivers. Read More

If you are an elderly driver in a car crash or are injured in a car accident involving an elderly driver, seek legal help. An experienced Long Island car accident lawyer can provide you with the facts and discuss the prospects of pursuing a case.

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Emails: A Technological Convenience and a Legal Nemesis

7 May 2012, 7:23 am

Author:Stepphen D. Hans & Associates, P.C. : Stephen Hans

Prior to emails and texting when most communication was verbal, there was an element of he said or she said and no real definitive way to prove what anyone said except by witness testimony. And even witness testimony was often questionable or open to someone’s interpretation. However, in today’s technological world, documentation of communications abounds.

What this means within a business and legal context is that it is much easier to pin down violations and prove criminal acts through email and instant messaging records.

The ePolicy Institute reported the following interesting facts based on a 2004 Email and Instant Messaging (IM) Survey conducted by the American Management Association and the ePolicy Institute: Read More

Taking an objective view of email content before sending is a wise safeguard. Business managers, employers, and employees should ask themselves whether they would feel comfortable having their email content presented in a court of law.

Stephen Hans is an accomplished New York employment defense law attorney who has been practicing law in New York since 1977.

 

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Protecting Your Assets and Estate as You Age

4 May 2012, 1:06 pm

Author: Bonnie Lawston
“New York Estate Probate Attorney”


Minimizing Stress in Your Golden Years

Steps You Can Take to Increase Your Peace of Mind
As you reach your golden years, among the most important concerns you will likely have are: (1) how can I make certain that as much of my estate as possible goes to my loved ones, and in the ways that I want it to; and (2) how can I get the care I need and protect my estate if I cannot take care of myself. This blog addresses both of these concerns.

To fully protect your estate, making certain that your assets are distributed according to your wishes, and that there is minimal loss of value to taxes or attorney fees, you want to work with an experienced lawyer now to set up a sound and effective estate plan. There are a wide range of tools available to help you meet your goals. You can create and execute estate planning documents, such as wills or trusts, that specify who will receive what property, or how assets and debts will be handled. You can re-title property, including real estate and financial accounts, so that it is owned jointly with those to whom you want to transfer the property. You can also make use of lifetime gifts—you can pass up to $10,000 per year per individual without incurring any gift tax.

To fully protect your estate and ensure that all your wishes are followed, you will also want to put a power of attorney in place, which will grant power to a third party, so that someone else can make legal or financial decisions for you if you lack physical or mental capacity. You can also designate someone to make medical decisions when you cannot, and can specifically instruct that you not be subjected to certain types of medical treatment.

Once you have prepared and executed estate planning documents, you want to store them in a safe and secure location. You may have a hard copy on file with your attorney, or in a safe deposit box, but hard copies can easily be lost or destroyed. A better option is to store all important documents and information, including such critical data as online usernames and passwords, with a safe and secure online storage company, such as Will Registry, Inc.

At the Law Office of Bonnie Lawston, in Huntington Station, New York, we have more than 15 years of experience providing comprehensive estate planning services to clients throughout the Long Island area. We have the knowledge, skill, experience and resources to help you meet all your objectives. To schedule an appointment, contact us online or call us toll free at 877-581-8498.

Home Health Care for Senior Citizens

If you or a loved one needs rehabilitation, convalescent or long-term care, you want, if possible, to stay in your own home. Home health care has substantial benefits to patient and family. You get to remain in an environment that is familiar to you, where you can relax, knowing that your loved ones are nearby.

Star Multi Care Services has provided comprehensive home health care services for more than 70 years. The professionals at Star Multi Care can be available 24 hours a day, seven days a week to meet all your needs. They will handle all paperwork and records for you, and will promptly answer your questions and address any need for changes in care. To learn more about their services, contact them online or call 877-920-0600.

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