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EMPLOYMENT LAW ALERT: EMPLOYER COMPLIANCE WITH NEW SEXUAL HARASSMENT LAWS COMMENCES ON OCTOBER 9,2018

A BRIEF BY COMPREHENSIVE OVERVIEW OF WHAT YOU NEED TO KNOW TO COMPLY WITH THE NEWLY ENACTED NEW YORK STATE AND NEW YORK CITY SEXUAL HARASSMENT TRAINING LAWS

Author: CHRISTOPHER L. VAN DE WATER, ESQ. MANAGING PARTNER

Christopher-L-Van-de-Water
In 2018, both New York State and New York City have enacted the strictest harassment training laws in the Nation as a clear outgrowth of the #MeToo movement that swept the country following the Harvey Weinstein scandal. All Employers must begin compliance with the New York State Law commencing on October 1, 2019, and the New York City Law on April 1, 2019.

I. 2018 New York State Budget Sexual Harassment Training Provisions Contained within Part KK of S7507-C

On April 12, 2018 New York Governor Andrew Cuomo signed into law several bills that were included in the 2018-2019 New York State budget. The bills address workplace sexual harassment. Part KK of S7507-C 0g the new law requires New York employers to adopt and distribute a sexual harassment policy and training program. The new requirements take effect October 9, 2018.

A. Content Requirements of the New York State Sexual Harassment Policy:

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More specifically, the new law requires employers adopt a sexual harassment prevention policy which:

1)  prohibits sexual harassment and provides examples of prohibited conduct;

2)  includes information concerning federal and state sexual harassment lawsand mentions there may be applicable local laws;

3)  includes a standard complaint form;

4)  includes a procedure for the timely and confidential investigation ofcomplaints including due process for all parties;

5)  informs employees of their rights of redress and available forums foradjudicating claims administratively and judicially;

6)  clearly states sexual harassment is a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory management who knowingly allow such behavior to continue; and

7)  clearly states retaliation against individuals who complain of sexual harassment or who testify or assist in any proceedings is unlawful.

 

This sexual harassment policy must then be provided to all of your employees in writing. It would be advisable to include this policy in your orientation package. You should should informally and formally routinely remind employees of this policy. Read More

The Stop Sexual Harassment Fact Sheet can be found here in English:

DIFFERENCES BETWEEN THE NYC AND NEW YORK STATE NEW SEXUAL HARASSMENT LAWS

The two tables below detail the obligations and the differences between the New York State and New York City laws regarding:

  • Training Requirements (Table 1)
  • Training Content (Table 2) Read More

The Van De Water Law Dirm-Christopher Van De Water

(631) 923-1314

ALL CONTENT COPYRIGHTED © BY THE VAN DE WATER LAW FIRM, P.C. 2018

Frequently Asked Questions about the New York Workers’ Compensation Coverage—Was My Injury Work-Related?

Author: Pyrros  & Serres LLP

Attorney-Michael-Pyrros, Workers Compensation AttorneysUnder the New York workers’ compensation laws, there are two requirements to recover workers’ compensation benefits—you must prove that you were injured and that the injury was work-related (sustained while you were in the course of your employment). Here are some of the questions we are frequently asked about pertaining to whether an accident was work-related.

Q: Can I recover workers’ compensation benefits if I was injured while on a break at work?   

A: Under state and federal labor laws, you are entitled to periodic breaks, including meal breaks, based on the number of hours you work. As a general rule, if you are on a meal break or regularly scheduled break, and you remain on company property (in the cafeteria, break room or other location), you will still be eligible for workers’ compensation for any injuries suffered. However, if you leave company premises to go on a meal break, you won’t be able to collect workers’ compensation benefits for injuries suffered on the break, unless you went at the request of your employer or were on a work-related errand.

Q: Does the injury have to occur on company premises?

A: Not necessarily. If your employer requires that you travel for work, whether it’s part of your daily regimen or you are attending a conference, workshop or meeting, you can recover workers’ compensation benefits, provided you weren’t involved in a personal endeavor at the time of the injury. As a general rule, there’s no coverage for injuries sustained on your commute to or from work, unless you deviated from your normal route to perform a work-related task.

Q: What if I am hurt at the company golf outing?

A: As a general rule, if you are injured at any type of company-sponsored event, whether it’s a business meeting, a team-building exercise, or pure entertainment, you have a right to seek workers’ compensation benefits for your losses. There are exceptions, though. For example, if you engage in horseplay or consume too much alcohol, you may not be covered. However, if the company provided or encouraged the use of alcohol, there may still be liability.

Q: Can I recover workers’ compensation if I was partially responsible for my injuries?

A: That depends. The workers’ compensation laws are based on the legal concept of “no fault,” meaning that there’s no requirement to show that your employer was negligent in order to recover benefits. Because of that principle, it rarely matters whether you were careless—you will still be entitled to benefits. However, if your actions were in clear violation of company policies, or if it can be shown that your injuries were intentionally self-inflicted, your claim may be denied.

Effective Workers’ Compensation Lawyers in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to clients throughout Queens and across the greater New York City area. We place a premium on personal service and attention, taking the time to learn the specific details of your case, so that we can tailor our efforts to get the outcome you seek. Because of our longstanding record of hard work and success, we receive many of our new cases as referrals from doctors, lawyers and satisfied clients.

We take all types of work-related injury claims, including cases involving:

Traumatic Brain Injury (TBI) | Fractures | Burns | Paralysis | Spinal Cord Injury | Permanent Scarring or Disfigurement | Amputation or Loss of Limb | Hip, Leg, Foot and Toe Injury | Hearing or Vision Loss | Back and Neck Injury | Shoulder, Arm, Hand and Finger Injury | Accidental or Wrongful Death | Occupational Disease or Illness

For more information about the services we provide, see our practice area overview page.

Pyrros & Serres LLP

Workers’ Compensation Attorneys—Queens, New York

How Would You Know Whether Your Newborn Suffered from Hypoxia and Asphyxia?

Sackstein Sackstein & Lee, LLPAuthor: Sackstein Sackstein & Lee,LLP

Symptoms of Birth Hypoxia or Asphyxia that Parents Should Be Aware of

Birth hypoxia and asphyxia both refer to lack of oxygen to the brain in a fetus. This can occur right before, during or immediately after birth.

Seattle Children’s Research Foundation explains that a baby’s cells do not function properly when deprived of oxygen and nutrients. Oxygen deprivation can result in waste products building up in the cells, which causes damage.

What Factors Determine the Degree of Harm?

Factors that determine the extent of harm include:

  • The length of time the baby was deprived of oxygen
  • How low the baby’s oxygen level is
  • The speed with which the baby receives proper treatment

When hypoxia or asphyxia is mild, babies can fully recover. When it is severe, a baby may suffer from permanent injury, affecting the baby’s brain, heart, lungs, kidneys, bowels or other organs.

What Can Cause Asphyxia or Hypoxia?

The following can result in these medical conditions:

  • Airways blocked in the baby
  • Baby’s airway is not properly formed
  • Too little oxygen in the mother’s blood prior to delivery
  • Difficulties with the placenta prematurely separating from the womb
  • A long or difficult delivery
  • Umbilical cord problems during delivery
  • High or low blood pressure in the mother
  • Anemia in the baby where the baby’s blood cells do not carry enough oxygen

What You Should Look for

When suffering from asphyxia or hypoxia, a baby could be manifesting the following symptoms:

  • Not breathing or very weak breathing
  • Abnormal breathing
  • Poor blood circulation
  • Lack of energy (lethargy)
  • Low blood pressure
  • Not urinating
  • Blood clotting abnormalities
  • Skin color is bluish, gray or lighter than normal
  • Low heart rate
  • Poor muscle tone
  • Weak reflexes
  • Too much acid in the baby’s blood (acidosis)
  • The baby’s first stool shows evidence of amniotic fluid stain
  • Seizures

If you suspect that medical malpractice might have been a factor in your child’s care, consult with an experienced medical malpractice attorney. At Sackstein Sackstein & Lee, LLP , we offer a free initial consultation to discuss your concerns.

How to Avoid Boating Accidents: Boats and Personal Watercraft

How to Avoid Boating Accidents: Boats and Personal Watercraft

Jet Skis®, WaveRunners® and Other Personal Watercraft (PWC) Have High Accident Rates

Author: David Lewis

Warmer weather and extra daylight hours make summer the perfect time for outdoor sports like boating and personal watercraft recreation. New York State has thousands of freshwater lakes and 70,000 miles of rivers and streams. These statistics do not include access to the Great Lakes or Atlantic Ocean. You are not hard pressed to find a favorite spot in New York for boating or riding your JetSki or WaveRunner.

However, along with this great opportunity for summer fun, comes an equal need to be responsible and act safely. Every year, people in New York die from drowning and water collision accidents.

Statistics Tell the Story

BoatUS reports that people using personal watercrafts (PWCs) experience a higher collision rate than those using any other type of watercraft. PWC collisions are 30 percent of reported boating accidents. PWC collisions also result in more injuries and deaths than any other type of PWC accident. Which is the greater risk for dying in a PWC accident — drowning or blunt force trauma? Blunt force trauma the greater risk.

Why Do PWC Operators Have Higher Accident Rates?

The main reason is inexperience. Most riders involved in PWC accidents lacked instruction or safety education training prior to operating the craft. An estimated 84 percent of PWC accidents involved operators with no training, and 73 percent had ridden for less than an hour when the accident took place.

The age group that is most involved PWC accidents is the 11-20 year old age group. While a parent would never hand the car keys to their 11 year old, nor let them near a car without supervision and a learner’s permit, even when they reached 16, this was not the case with a PWC. In fact, PWC owners were not the ones most involved in accidents. Only 18 percent of PWC owners were in accidents. Owners’ siblings (29 percent) and friends (53 percent) were the most frequent riders involved in PWC accidents.

Inexperience leads to poor judgment and loss of control.

Safety Tips: What to Avoid When Boating or Riding a PWC

Here are some guidelines to avoid when boating or operating a PWC:

  • Avoid speeding
  • Avoid wake jumping and sudden turns
  • Do not loan your PWC to someone who lacks experience and basic boating skills — ensure they’ve taken a safety course first
  • Keep beginning PWC operators away from boating traffic
  • Do not mix alcohol or drugs with operating a PWC or boat
  • Avoid boating without a personal floatation device
  • Do not ride or go boating in bad weather (stormy, high winds, or sudden temperature drops)
  • If you cannot swim, do not ride a PWC or go out on a boat

When Should You Seek Legal Help for a Boating Accident?

When your injuries are serious and you believe another party was at fault, consult with a lawyer and find out about your legal rights.

The Law Offices of David R. Lewis offers a free consultation to discuss your accident and determine whether grounds exist to sue for damages.

 

What to Expect from the Workers’ Compensation Insurance Company

How the Workers’ Compensation Evaluates Your Work Injury Claim

Pyrros Serres Attorneys Workers CompensationQueens |NYC| Brooklyn |Bronx Workers’ Compensation Lawyers

In the wake of a work-related injury, you want an experienced and knowledgeable workers’ compensation lawyer to help you pursue all the benefits available to you under the law. At Pyrros & Serres LLP, we will aggressively help you seek payment of all medical expenses, as well as compensation for lost wages and any permanent disabilities.

Under the New York workers’ compensation laws, your employer is required to provide coverage for any work-related injuries you suffer. In most instances, your employer will purchase workers’ compensation insurance to cover that liability. As a practical matter, therefore, we are customarily working with insurance companies to recover the benefits to which you are entitled.

It’s important to understand how insurance companies make a profit. An insurer will charge you a premium, based on their assessment of the amount of risk you pose. The greater the risk, the higher the premium. The money collected from premiums is then used to pay any claims that are filed. The fewer claims the insurer pays, the greater their profit. It’s no surprise, then, that the workers’ compensation insurance company has a vested interest in paying as little as possible to resolve your claim.

So what does that mean for you? It means that the workers’ compensation insurer will typically scrutinize your claim, and may engage in any variety of tactics to delay, diminish or deny your claim:

  • You will likely be required to submit to a medical exam conducted by a doctor chosen by the insurance company. That doctor will typically be looking for any basis to deny your claim.
  • The insurance company may argue that your injuries do not prevent you from working, or that they were not work-related
  • The insurance company may try to cut its losses by offering you a cash settlement that’s worth far less than your actual losses

The takeaway? Don’t ever try to handle your workers’ compensation claim on your own. Your case may seem like a slam dunk, but your employer and the insurance company can make it a nightmare.

What You Can Expect from the Workers’ Compensation Insurance Company

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens 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.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

Author:Pyrros & Serres, LLP