Monthly Archives: December 2014

Employer Fraud and Recommendations from New York State Supreme Court’s Grand Jury Report

Today’s post was shared by Jon L Gelman and comes from legaltalknetwork.com

A recent Grand Jury Report from the New York State Supreme Court brought recommendations of change to handle Employer Fraud in Workers’ Compensation. Among the recommended areas of change are the application process, criminal statutes, and the method of collecting data. On this episode of Workers Comp Matters, host interviews Gilda Mariani of the Manhattan District Attorney’s Office. Together they discuss the results of the Grand Jury Report and the subsequent victims of premium fraud. Tune in to learn more about employee classifications, the involuntary insurance market, and drivers of cost for workers’ compensation insurance.

Gilda Mariani is with the New York County District Attorney’s Office, having held supervisory positions including Deputy Chief of its former Frauds Bureau as well as Chief of its former Money Laundering and Tax Crimes Unit. She has had a significant role in drafting legislation, including the New York Money Laundering Statute and the misdemeanor crime of Providing a Juror with a Gratuity. She has conducted several investigations that have led to issuance of Reports by the New York County Grand Jury, including the Grand Jury Report released in March 2014  on workers’ compensation reform. Mariani is also a recipient of the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York.

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Are Uber Drivers Getting Their Tips?

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

A U.S. federal judge recently ruled that a ride-sharing service must face a lawsuit alleging that the company has been pocketing tips meant for the drivers (Detroit Free Press, September 19, 2014). Uber Technologies is a smartphone-summoned car service based in San Francisco that has been charging a 20% surcharge on rides. Uber was founded in 2009 and is currently in 35 countries and more than 100 cities. It is valued at $18.2 billion and is the most valued ventured-back company in the world.

Filed in January, the class-action suit alleges that Uber has been keeping a “substantial portion” of the gratuity as additional revenue rather than sharing with its drivers. This lawsuit also accuses the company of misleading customers about the true cost of its service. The complaint characterizes Uber’s practice as unfair and deceptive because Uber keeps most of the surcharge and it’s not a gratuity.

Uber, Lyft and other car-booking companies have been facing a growing number of legal challenges. In Chicago, cab drivers sued the city claiming that these smartphone-summoned services are not subject to the same regulations governing conventional taxi companies. In Connecticut, Uber and Lyft have also been accused of racketeering by taxi and livery operators who accuse the companies of preying on established businesses and cutting legal corners by partnering with affiliated drivers instead of owning cars. That way, these companies claim they are different from taxi dispatchers and shouldn’t be forced to comply with existing regulations, such as driver background checks and liability insurance.

 

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