Author Archives: Edgar Romano

Misclassification – Department of Labor Recovery

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

The U.S. Department of Labor has recovered more than $1 million in back wages and liquidated damages for 196 employees of Bowlin Group LLC and Bowlin Services LLC out of Ohio and Kentucky. Bowlin Services installed cable for Insight Communications, a cable, telephone and Internet provider in Kentucky. The defendants misclassified 77 employees as independent contractors and violated the Fair Labor Standards Act (FLSA) by denying these workers access to critical benefits, including minimum wage, overtime, family and medical leave, unemployment insurance, workers’ compensation and failing to maintain accurate payroll records.

Misclassifying employees negatively impacts our economy, generating losses to the U.S. Treasury, Social Security and Medicare funds, state unemployment insurance, and state workers’ compensation funds. It also leads to unfair competition because businesses that play by the rules are at a disadvantage.

This problem has become so acute in Tennessee that last month the legislature passed Senate Bill 833, which has been signed into law and imposes penalties on construction companies for misclassifying workers in an attempt to evade workers’ compensation premiums. A Tennessee study in 2012 revealed losses of up to $91.6 million in workers’ compensation premiums. North Carolina has identified the problem but has yet to take any action. Until states aggressively prosecute misclassification, this fraud will continue.

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Madison Square Garden Intern Lawsuit Could Create Disastrous Precedent For Workers

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.forbes.com

The World’s Most Famous Arena, Madison Square Garden (MSG), has become the latest company to be targeted in a class action by former interns claiming they were wrongly classified to avoid being paid.

The lawsuit, which is estimated to include a class of more than 500 individuals, claims that MSG used titles such as “intern” or “student associate” when hiring college students to do work which would otherwise qualify them as employees. Interns were asked to work as many as five days a week, where they helped support MSG ticket and sponsorship sales, administrative projects and logistics pertaining to the organization of sports and entertainment events at the arena. The suit is seeking damages to cover unpaid wages for misclassified workers stemming back to 2007.

View of Knicks game at Madison Square Garden

According to the complaint, “Defendants did not provide any compensation to… members of the putative class for the hours worked… [and] would have hired additional employees or required existing staff to work additional hours had… members of the putative class not performed work for the defendants.”

The MSG lawsuit comes on the heels of several suits being brought against major entertainment, fashion and media companies for similar unfair labor practices concerning the hiring of interns. Among those entities being sued include Gawker Media LLC,  Columbia Recordings Corp, and NBCUniversal and its famous Saturday Night Live program. Former…

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September 11th Remembered – October 3rd Deadline Approaching

This week we observe the anniversary of the September 11th attacks. As part of our remembrance, we also have an obligation to care for both the direct victims and for those who were injured as a result of their brave response to the attacks.

October 3 is the deadline for most people to register for compensation through the September 11th Victim Compensation Fund of the James Zadroga 9/11 Health and Compensation Act.

We urge anyone who has not yet filed and thinks they may have a claim to contact us. If you would like more information, you can send us a message via Facebook or call us toll free at 800-692-3717.

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Don’t Miss This Important Deadline For The September 11th Victim Compensation Fund

The September 11th Victim Compensation Fund (the Fund) is approaching an important deadline. Anyone who knew or had reason to know of physical harm or illness resulting from the 9/11 attacks before October 3, 2011 is required to register by October 3, 2013.

Registration preserves your right to file a claim in the future (before the Fund ends on October 3, 2016). Registration is not the same as filing a claim and does not commit you to file a claim even if you have registered. If you are uncertain about when your illness began, register by the October 3, 2013 deadline to preserve your right to file a claim.

Please contact us if you have any questions about the Fund or how to file your claim.

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The Toxic Cloud Over the US EPA

Today’s post comes from guest author Jon Gelman, from Jon Gelman, LLC – Attorney at Law.

Chromium IV is a deadly cancer causing substance. In September 2010 the scientists came to the conclusion that even a small amount of the chemical compound found in drinking water could be fatal if consumed. Today the PBS NEWSHOUR airs a documentary, EPA Contaminated by Conflict of Interest,  on how the chemical Industry is quietly delaying implementation of regulation of Chromium IV.

The compound, hexavalent chromium, gained infamy in the Oscar-winning film Erin Brockovich, based on the David-vs.-Goliath legal duel between desert dwellers in Hinkley, Calif., and Pacific Gas & Electric Co. The film ends in Hollywood fashion, with the corporate polluter paying $333 million to people suffering from illnesses.

Companies with a stake in chromium have borrowed from the Big Tobacco playbook, 
using science to create doubt.

But in real life, the drama continues. More than 70 million Americans drink traces of chromium every day, according to the Environmental Working Group, a nonprofit research organization.

 

TOXIC INFLUENCE is an ongoing series of reports exploring the nexus between industry, science and policy. This story is being produced in partnership with the Center for Public Integrity.

 ….
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
 
Read more about Chromium IV and Workers’ Compensation
Workers’ Compensation: Hexavalent Chromium Cleanup …
Oct 25, 2012
Areas underneath the building, located at 125 Clark Street, are contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. The EPA continues …
http://workers-compensation.blogspot.com/
Defense Department to Investigate Hexavalent Chromium Exposure
Oct 03, 2009
The US Department of Defense has announced that it will investigate emerging environmental and health risks arising from chemical exposures. One of the particular areas of concern is the exposure to hexavalent chromium …
http://workers-compensation.blogspot.com/
Workers’ Compensation: Soldiers Exposed to Chromium in Iraq File …
Jun 09, 2009
Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims against KBR (Kellogg, Brown & Root), …
http://workers-compensation.blogspot.com/
OSHA Adds Hexavalent Chromium to Shipyards Standards
Jul 10, 2009
Hexavalent chromium [Chromium (VI) [hexavalent chromium or Cr(VI)]”means chromium with a valence of positive six, inany form and in any compound.] has been added to the list of air contaminants whose concentrations …
http://workers-compensation.blogspot.com/
 
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Overpayment Of Unemployment Due To Payment of Workers’ Compensation Benefits – NOW WHAT?!?

Today’s post comes from guest author Kit Case, from Causey Law Firm.

Injured workers transition from time loss compensation under their workers’ compensation claim to unemployment compensation when they are released to return to work but do not have a job available to them. In many cases, disputes arise as to whether the release to work and termination of workers’ compensation payments is appropriate. Often, the worker tries to find physically-appropriate work while collecting unemployment compensation during the dispute process but, once their attorney secures payment of back benefits under the workers’ compensation claim, an overpayment of unemployment benefits has occurred due to the overlap between the two systems. When this happens, workers should:

  1. Notify the unemployment insurance system that they are continuing to seek payment from the workers’ compensation system, but that they are involved in an appropriate job search during the dispute process.
  2. Immediately share with the workers’ compensation attorney any notices or orders received from the unemployment insurance system. These are usually NOT mailed to the attorney of record in a workers’ compensation claim and the notices often have limited time periods within to file a protest or request for reconsideration of the determination.
  3. Hold in savings from the workers’ compensation payment the claimed unemployment overpayment amount during the dispute process until a final overpayment notice has been issued, or have the workers’ compensation attorney hold this amount in their trust account. If this is not possible, be prepared to enter into a repayment agreement with the unemployment insurance system once a final overpayment figure has been determined.
  4. Seek assistance from the workers’ compensation attorney to document all attorney fees and costs paid as part of the effort to obtain back benefits under the workers’ compensation claim. Submit this documentation to the unemployment insurance system and request a reduction in the claimed overpayment to take these attorney fees and costs into account.
  5. Continue to send any notices or orders to the workers’ compensation attorney.
  6. Once the overpayment has been repaid, check to see if the receipt of workers’ compensation back benefits changes your tax obligations. In many states, workers’ compensation payments are not taxable income, but unemployment benefits are taxable. If there is a significant payment of back benefits under the workers’ compensation claim, it may be worthwhile to file an amended tax return with the IRS to document the lower taxable income figure.

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What Should I Have Ready For My First Meeting With My Lawyer?

We provide a questionnaire for you to fill out before our first meeting

Today’s post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

Most injured workers seeking an attorney’s help on their workers’ compensation claim have never hired an attorney before. This post gives a brief overview of how you can prepare for your first meeting with your attorney after you have been hurt at work.

The most important part of that first meeting takes place before you ever set foot in the attorney’s office. For your attorney, the goal of the first meeting is to gain an accurate understanding of the facts surrounding your injury. This is so the attorney can assess how the law will be applied to your case. In order for the attorney to make an accurate assessment, you have to be prepared to Continue reading →

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Partner Matthew Funk To Be On The New York State Trial Lawyers Association Board Of Directors

Partner Matthew Funk

We congratulate Partner Matthew Funk on his selection as a member of the Board of Directors of the New York State Trial Lawyers Association (NYSTLA). He will be installed to the board at a ceremony on Wednesday, June 26th. Matt has been practicing law since 1999 and became a partner at the firm in 2007. He is currently a member of the NYSTLA’s Legislative Committee, writes for the NYSTLA Decisions program and has lectured on numerous occasions focusing on workers compensation law.

Click here for more information on the installation ceremony and reception and to register to attend.

 
About The New York State Trial Lawyers Association
 
The NYSTLA was founded in 1953 by a group of trial lawyers who were concerned that New York had no forum for plaintiffs’ lawyers. Today, the New York State Trial Lawyers Association is a 4,000-member trade association.
 
NYSTLA assures that the wrongfully injured have full access to the civil justice system. The organization is dedicated to the preservation of the federal and state constitution rights to trial by jury. They fight to see that:
  • injured people are not barred from the civil justice system;
  • wrongdoers are not immunized from liability;
  • juries are free to determine the proper amount of compensation without arbitrary legislative interference; and
  • obstacles are not placed in the way of litigating all meritorious actions.

NYSTLA also supports proposals to increase available insurance. When needed, NYSTLA works at the federal level to assure that our clients’ rights are not limited by Congress. NYSTLA does not hesitate to use the courts to advocate on behalf of consumers. 

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