Author Archives: Edgar Romano

Senior Partner Catherine Stanton To Be Honored At “Light Of Hope” Luncheon

Senior Partner Catherine Stanton

On Wednesday, April 10th at the Crest Hollow Clountry Club in Woodbury, New York, Senior Partner Catherine Stanton will be honored by The Education & Assistance Corporation (EAC) at their 13th Annual “Light of Hope” luncheon for being a steadfast supporter of EAC and their work with at-risk children, families and communities. If you would like to purchase tickets to the luncheon, you can do so here. If you cannot make it to the luncheon but would like to donate to EAC, you can do so here.

The keynote speaker at the luncheon will be Katie Beers, co-author of “Buried Memories: Katie Beers’ Story”. Twenty years ago Katie Beers was held captive in an underground bunker for 17 days. Her book, now on the NY Times best seller’s list, is the never–before-told true story of survival, memory and recovery after her abduction by a family friend in 1992 just before her 10th birthday. Because of Katie Beers’ case, EAC’s Suffolk County Child Advocacy Center at the Pat & Mary Bagnato Place for Kids was established, and continues to help hundreds of child abuse victims every year.

EAC’s 13th Annual “Light of Hope” Luncheon, presented by Bethpage Federal Credit Union, is considered one of Long Island’s premier business luncheons. Don’t miss this special opportunity to support EAC and to network with a diverse group of individuals from the business and private sector. Please join us April 10th, 2013 from 11:30 A.M. to 2:30 P.M. at the Crest Hollow Country Club to help make a difference in the lives of people in need.

The “Light of Hope” Luncheon will benefit EAC’s network of programs for people in need. Founded in 1969, EAC is a not-for-profit human service agency helping people throughout Long Island and the New York metro area. Last year our dedicated staff helped over 57,400 people.

Founded in 1969, The Education & Assistance Corporation (EAC) is a not-for-profit human service agency with a network of 70 programs throughout Long Island and New York City. Last year EAC helped over 57,400 people of all ages.

Among those we assisted were children who have been physically or sexually abused, senior citizens needing support, people struggling with substance abuse and/or mental illness, youth in the foster care system, persons on public assistance seeking financial independence, adults and youth who are under or unemployed, individuals needing help to mediate disputes and families in crisis.

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Misclassification Fraud Across the Country

North Carolina Governor Bev Perdue Signed Executive Order 125

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

“Misclassification” is a poorly chosen word to describe fraudulent conduct by employers who misclassify the status of their employees. For example, a roofing company may have 30 roofers doing the actual work but these workers are classified as “independent contractors” instead of employees. Why would they do that? At the end of the year these workers are sent a 1099 tax form that reports the wages paid, but the employer does not make any deductions for Medicare or unemployment, and doesn’t pay for workers’ compensation insurance. If you have a roofing company and you properly classify your employees, you are at a competitive disadvantage in bidding on jobs. Honest businesses are hurt by misclassification, and taxpayers are hurt because they pick up medical bills and other expenses created when one of these “independent contractors” gets hurt.

Another form of misclassification is when a construction company with 85 employees reports to its workers’ compensation insurance company that 75 of these people are staff workers, which results in a significantly reduced premium. Obviously, a construction worker is at greater risk of injury than an office worker. Again, the honest company who accurately reports the status of its employees is at a competitive disadvantage with the dishonest employer.

New York, New Jersey, Massachusetts, Virginia, Michigan, Florida, California, Texas and the vast majority of states across the country have been looking into this issue for several years and they have been aggressively prosecuting dishonest employers who try to game the system. North Carolina has finally joined these states. On August 22, 2012, Governor Beverly Perdue issued Executive Order 125, which created a task force to study this issue and try to get different agencies to communicate with each other and share information to identify employers who are failing to pay employee taxes. Hopefully, this task force will figure out how to enforce existing law. This blog will follow the progress of this task force. Stay tuned.

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Buying a Cheap Shirt at Wal-Mart? Consider the real cost (in lives).

Wal-Mart’s low prices have led to unsafe working conditions.

Today’s post comes from guest author Tom Domer from The Domer Law Firm.

The recent Bangladesh factory fire killed over 100 workers.  The factor produced goods for Wal-Mart.  Wal-Mart now concedes it “needs to do more to control its supply chain.” 

Wal-Mart’s Vice President of “Ethical Sourcing” (irony noted here) said the company control could “only go so far” in preventing an unauthorized factory producing its goods.  Wal-Mart said its Faded Glory clothing should not have been produced in the factory, which Bangladesh officials said was not safe.

Wal-Mart’s “factory certification” program focused on Bangladesh and China was allegedly “dedicated to improving the status of foreign labor.” Tell that to the families of the workers who died.

At a meeting last year where Wal-Mart’s Vice President of Ethical Sourcing was in attendance, the Bangladeshi Garment Workers Union proposed that producers such as Wal-Mart help ensure prices are high enough to provide for safety measures for their workers.

Wal-Mart’s Vice President indicated Wal-Mart could not support such a program because of the high cost.  Consider that next time you buy a cheap shirt at Wal-Mart.

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Reversing A Century Of Progress – Are We Back In Upton Sinclair’s Jungle?

Many workers no longer have paid sick days.

Today’s post comes from guest author Rod Rehm from Rehm, Bennett & Moore.

Health Care Is Just The Beginning

At a time when a flu epidemic is exploding out of control, killing thousands of people, forty-two million Americans have no sick leave. Many of these people are lower paid, often work part time, and continue to work when ill because they can’t stay home to recover without losing their income. I am shocked and dismayed that many hard-working folk are forced to work when sick because staying home is not economically possible. Making matters even worse, these highly vulnerable workers often have no employer-provided health insurance so even serious illnesses go untreated, putting us all at a higher risk for infection from a contagious worker, like a server in a restaurant, for whom taking an unpaid day off is impossible.

…the trend toward low pay, long hours and few benefits is getting stronger.

I fear that if the current trends continue, the lives of the millions of Americans who struggle at low-paying jobs will remain miserable, desperate and be lacking in real hope. It appears that the trend toward low pay, long hours and few benefits is getting stronger. At the turn of the 20th century when Upton Sinclair wrote “The Jungle,” describing immigrants struggling in Chicago, the jobs were more physical, dangerous and just plain disgusting. However, millions of “New Jungle” workers still struggle and suffer today.

Class Warfare

After over 100 years of progress, the American middle and lower classes are under constant attack. The efforts to limit rights of workers are ongoing and supported by big business. Every day I read of measures being introduced in state legislatures to limit access to and decrease the benefits of workers’ compensation. The right to collective bargaining is being attacked as well. Local elections are overrun by anonymous innocent-sounding Super PACs funded by 21st Century versions of robber-barons who are using their wealth and power to squeeze out a few more dollars in profits to add to the tens of billions of dollars already sitting in their bank accounts. These are not job creators, they are their own personal wealth creators. Income equality is at an all-time low in the United States, and the trends are getting worse.

How can this be happening in 21st century America? How can we call ourselves civilized? Can we really allow such maltreatment of workers and disregard public health in what we call an “advanced,” “modern,” and frequently, an “exceptional” county? 

A Path Forward

We are not without hope, though. Crusaders like Senator Elizabeth Warren are working hard to reverse the trends and preserve the American Dream for future generations. But our protectors are few. We cannot assume that someone else is looking out for us. We must engage with government at the local, state and federal levels so that the voices of regular working folk are not drowned out by a cabal of rogue billionaires trying to keep score by increasing their own personal fortunes at the expense of working people. I fear that if we sit by passively, our children will all be working in the New Jungle, America will have lost its middle class, and with it, the American Dream will be a distant memory. The time to act is now. 

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Holding Individuals Accountable For Workplace Safety Violations

Today’s post comes from guest author Leila A. Early from The Jernigan Law Firm.

British Petroleum (BP) supervisors Donald J. Vidrine and Robert Kaluza were indicted on manslaughter charges in the deaths of 11 fellow workers in connection with the 2009 Deepwater Horizon explosion in the Gulf of Mexico. David Rainey, a BP deepwater explorer, was charged with obstruction of Congress and lying about the size of the spill. These indictments were in addition to a record $4.5 billion in criminal fines that BP agreed to pay for the disaster, which will be paid out over 5 years.

 Mr. Vidrine and Mr. Kaluza were negligent in their supervision of key safety tests performed on the drilling rig, and they failed to phone engineers on shore to alert them of problems in the drilling operation. These charges carry maximum penalties of 10 years in prison on each “seaman’s manslaughter” count, 8 years in prison on each involuntary manslaughter count and a year in prison on a Clean Water Act count. Mr. Rainey obstructed Congressional inquiries and made false statements by underestimating the flow rate to 5,000 barrels a day even as millions were gushing into the Gulf. He faces a maximum of 10 years in prison.

 By charging individuals, the government was signaling a return to the practice of prosecuting officers and managers, and not just their companies, in industrial accidents where reckless and wanton conduct is involved. The practice of charging individuals was more prevalent in the 1980s and 1990s but has recently been a rare occurrence, with company fines being the only penalty sought. Some wonder if the $4.5 billion criminal settlement is enough to penalize a corporation after 11 people were killed, and that if a culture of  disregard for safety exits in a corporation that is “too big to fail” then the only way to stop that culture is to send those who knew about it to jail. We shall see. 

 

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Heath Concerns About the Misuse of Pesticides for Bed Bug Control

Today’s post comes from guest author Jon Gelman from New Jersey.

Hotel workers as well as consumes are being cautioned cautioned about exposure to pesticides to control bed bugs.

The Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control and Prevention (CDC) are alerting the public to an emerging national concern regarding misuse of pesticides to treat infestations of bed bugs and other insects indoors. Some pesticides are being applied indoors even though they are approved only for outdoor use. Even pesticides that are approved for indoor use can cause harm if over applied or not used as instructed on the product label.

There has been a dramatic increase in the number of bed bug-related inquiries received by the National Pesticide Information Center (NPIC) over the past several years, with many involving incidents of pesticide exposure, spills, or misapplications. From January 2006-December 2010, NPIC reported 169 calls to their hotline where residents, homeowners, or pesticide applicators sprayed pesticides indoors to treat bedbugs. These cases involved pesticides that were misapplied, not intended for indoor use, or legally banned from use. Of those, 129 resulted in mild or serious health effects (including one death) for persons living in affected residences.

ATSDR warns that outdoor pesticides should not be used indoors under any circumstances. Homeowners and applicators should always carefully read the product label to make sure that:

  • it has an EPA registration number,
  • it is intended for indoor use,
  • it is effective against bed bugs (the label should say it is meant to be used to treat your home for bed bugs, and
  • you know how to properly mix the product (if a concentrate) and where and how to apply it safely within the home.

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9/11 Rescue Workers At Increased Risk for Cancer

Today’s post comes to us from our colleague Jon Gelman of New Jersey. If you think you have a Zadroga Bill or other 9/11-related claim, please contact our office for a free consultation.

Rescue and recovery workers at the 9/11 World Trade Center terrorist attack site have been reported to be at greater risk of certain cancers. The study followed a group of workers who have been exposed to toxic dust and fumes following the attack in New York City.

The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.

Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program.  The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.

 

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Superstorm Sandy: How To Be Compensated For Your Damages

Pasternack Tilker Ziegler Walsh Stanton & Romano LLP hopes that you, your family and your neighbors are safe. As we work through the Hurricane Sandy recovery process we want to make sure that you have important information on what steps to take in order to be properly compensated for any damage to your home and/or business.

Property Insurance Claims

Superstorm Sandy Property Insurance Claims

We urge homeowners who have experienced property losses from Hurricane Sandy to file insurance claims with their insurers promptly.

  • Document losses as best as possible through both photos and videos before cleaning up damage.
  • Make only necessary repairs to prevent further property damage, like covering broken windows. Permanent repairs should not be made until after the insurance company does an inspection.
  • Write down your claim number and keep a log of all your conversations with your insurance agent and claims adjuster, including their names, dates and visits and calls.

Business Interruption Claims

Superstorm Sandy Business Interruption Claims

If you have suffered any business interruption as a result of the storm, you should also contact your insurance company promptly and inform them of your losses.

  • Documents the losses as best as possible through both video and photo evidence before clearing the damage.
  • Document all of your business losses with your accountant.
  • Contact us for your free evaluation to determine whether your claims are covered by your insurance.
  • If you claim was denied or if you were underpaid, call us for a FREE evaluation of your claim

Call Us Toll Free

(855) 2-STORM-LAW

(855) 278-6765

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