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Commissioner Hatch: DCWP Settles Two Paid Sick Leave Cases for Domestic Workers
DCWP Settles Two Paid Sick Leave Cases for Domestic Workers
NEW YORK, NY: Department of Consumer and Worker Protection (DCWP) Commissioner Peter A. Hatch on January 12, announced settlement agreements for two domestic workers to resolve violations of the NYC Paid Safe and Sick Leave Law. The domestic workers, who were employed to care for elderly patients with long-term illnesses, were both denied sick leave and one was illegally fired for using sick leave and retaliated against for filing a complaint with DCWP. “Domestic workers provide vital support to us and often our loved ones,” said DCWP Commissioner Peter A. Hatch. “Sadly, these invaluable workers often face exploitative working conditions and abuses. We are committed to ensuring these workers are treated fairly and will hold anyone—including private households— accountable if they violate their workers’ rights or punish them for exercising their rights. I want to remind New Yorkers, if you hire a paid care worker, you are an employer in eyes of the law.” “I was very concerned about my health when I contracted COVID-19 and had to continue working in such a condition, especially during the pandemic when it’s important to be safe. It was difficult being abruptly and wrongfully fired for trying to seek help from a doctor,” said Antonio, one of the domestic workers. “DCWP has helped me understand my rights to sick leave as a paid care worker under the law. I am proud to have been able to receive justice.” “I wasn’t able to receive sick leave and take care of myself, even though I spent time taking care of others who were sick,” said Dwight, another one of the domestic workers. “It is important that paid care workers like me know that Paid Safe and Sick Leave exists, so we aren’t taken advantage of repeatedly.” In both cases, the domestic workers were not provided paid safe and sick leave as required under the NYC Paid Safe and Sick Leave Law. The employers also did not have policies in place or provide their employees with the required Notice of Employee Rights. In one of the cases, the domestic worker had COVID19 but was still denied sick leave and forced to stay in the home and continue working. He was then fired when he took leave for a doctor’s appointment and, as a result, became homeless. The employer also retaliated against him with harassing phone calls when he filed a complaint with DCWP. The settlement with this domestic worker’s employer, requires the family to pay $18,000 in restitution and $1,000 in civil penalties. In the other case, the domestic worker will be paid $4,100 in restitution. Under the NYC Paid Safe and Sick Leave Law, employers with five or more employees and employers of domestic workers in New York City must provide paid safe and sick leave to employees. Employers with fewer than five employees and a net income of $1 million or more, employers with between five and 99 employees, and employers with one or more domestic workers must provide 40 hours of paid leave. Employers with 100 or more employees must provide up to 56 hours of paid leave. Employers with fewer than five employees and a net income of less than $1 million must provide unpaid safe and sick leave. Safe and sick leave is accrued at a rate of one hour of leave for every 30 hours worked and begins on the employee’s first day of employment. Employers of five or more employees who do not front-load safe and sick leave on the first day of a new calendar year must allow employees to carry over up to 40 or 56 hours of unused safe and sick leave from one calendar year to the new calendar year, depending on the size of the employer. The Law was also recently expanded to provided covered employees with an extra four hours of paid leave per child under the age of 18, per vaccine injection. Under the City’s Temporary Schedule Change Law, private employees can request up to two days of unpaid leave. l
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Commissioner Hatch Editorial credit: DCWP
Goal for 2022: Become a Paralegal
BY THE CHAMBER COALITION
Acareer as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal , regulatory , and business -related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal:
1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck. 2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry. 3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study.
4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.
5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.
Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l
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CDC to Recommend You Wear Better Masks as Omicron Spreads
BY LINDSAY KALTER & KELLY WAIRIMU DAVIS, MS - WEBMD HEALTH NEWS
The CDC is preparing to update its COVID-19 mask recommendations to emphasize the use of N95 and KN95 masks that better filter the virus, Director Rochelle Walensky, MD, said Wednesday. “We are preparing an update to the info on our mask website to best reflect the options that are available to people and the different levels of protection different masks provide, and we want to provide Americans the best and most updated information to choose what mask is going to be right for them,” she said at a White House news briefing. While the higher-quality masks provide better protection, they can be uncomfortable to wear, expensive, and harder to find. That’s why Walensky added an important caveat. “Any mask is better than no mask, and we do encourage all Americans to wear a well-fitting mask to protect themselves and prevent the spread of COVID-19. That recommendation is not going to change,” she said. “Most importantly, the best mask that you wear is the one you will wear and the one you can keep on all day long and tolerate in public indoor settings.” Meanwhile, the World Health Organization (WHO) was more focused on vaccines. WHO officials stressed Wednesday that global vaccine distribution is first priority in defeating the highly contagious Omicron variant, as well as other variants that may evolve. The WHO’s Technical Advisory Group on COVID-19 Vaccine Composition — a group of experts assessing how COVID19 vaccines perform against Omicron and other emerging variants — says there is an “urgent need” for broader access to vaccines, along with reviewing and updating current vaccines as needed to ensure protection. The WHO also disputed the idea that COVID-19 could become endemic in one largely vaccinated nation, while the rest of the world remains unprotected. “It is up to us how this pandemic unfolds,” Maria Van Kerkhove, PhD, the WHO’s technical lead on COVID-19 response, said at a news briefing. The WHO has a goal of vaccinating 70% of the population of every country by the middle of the year. But right now, 90 countries have yet to reach 40% vaccination rates, and 36 of those countries have less than 10% of their populations vaccinated, according to WHO Director General Tedros Adhanom Ghebreyesus, PhD. A staggering 85% of the African population has not received a first dose. But progress is being made, Ghebreyesus said at the briefing. The WHO said there were over 15 million COVID-19 cases reported last week — the most ever in a single week — and this is likely an underestimate. The Omicron variant, first identified in South Africa 2 months ago and now found on all seven continents, is “rapidly replacing Delta in almost all countries,” Ghebreyesus said. Back at the White House in Washington, Walensky said this week’s U.S. daily average COVID-19 case count was 751,000, an increase of 47% from last
continued on page 14
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January is Glaucoma Awareness Month
Glaucoma is one of the leading causes of blindness worldwide, affecting over 3 million people in the United States alone. It is often called the silent thief of sight because it robs people of vision slowly and without early symptoms. However, regular eye exams can lead to early diagnosis and help prevent vision loss. The only way to diagnose glaucoma is by having a comprehensive dilated eye exam that can detect the disease in its early stages, allowing people to get treatments that can slow or prevent vision loss. Treatments for glaucoma include prescription eye drops, laser treatment, and surgery. “It’s important to know that while glaucoma cannot be prevented or cured, it is treatable,” says Dr. Laura Sperazza, Director of Low Vision Services at Lighthouse Guild. “Glaucoma does not have to lead to blindness. Early intervention can protect vision.” As people get older, they often experience difficulties with their vision and may dismiss them as just an aspect of aging. However, issues with reading, driving at night, bright lights/glare, peripheral vision, and walking due to the inability to see curbs and steps should not be ignored. Only an eye care professional can determine if these symptoms are related to glaucoma or other eye conditions and begin treatments to protect vision. Anyone who experiences sudden vision changes or significant eye pain should see their doctor or go to an emergency room immediately. Glaucoma damages the optic nerve in the back of the eye. It can occur in one or both eyes. In its early stages, glaucoma does not usually have any symptoms. Many people do not even know they have it because their vision is changing so slowly. Difficulties with peripheral vision may be the first symptom they notice. Without treatment, glaucoma can eventually cause blindness. People with a family history, older people, and people with poorly controlled high blood pressure and diabetes are at increased risk. They should speak with their eye care professional about their risk and ask how often they need to have their eyes checked. For people who already have vision loss due to glaucoma, or other eye diseases, vision rehabilitation can improve quality of life and the ability to perform daily tasks. Technology also offers great solutions including screen readers, voice over for smartphone and apps that can identify money, objects and help with independent travel. l Better Masks/ continued from page 13 week. The average daily hospital admissions this week is 19,800, an increase of 33%. Deaths are up 40%, reaching 1,600 per day. But she also reported new data that supports other research showing Omicron may produce less severe disease. Kaiser Permanente Southern California released a study Tuesday showing that when compared with Delta infections, Omicron was associated with a 53% reduction in hospitalizations, a 74% reduction in intensive care unit admissions, and a 91% lower risk of death. In the study, no patients with Omicron required mechanical ventilation. The strain now accounts for 98% of cases nationwide. But Walensky warned the lower disease severity is not enough to make up for the sheer number of cases that continue to overwhelm hospital systems. “While we are seeing early evidence that Omicron is less severe than Delta and that those infected are less likely to require hospitalization, it’s important to note that Omicron continues to be much more transmissible than Delta,” she said. “The sudden rise in cases due to Omicron is resulting in unprecedented daily case counts, sickness, absenteeism, and strains on our health care system.”l
Hochul Announces Direct Payments to Healthcare Workers as Part of $10 Billion Healthcare Plan
Governor Kathy Hochul on January 5 announced a $10 billion multi-year investment in healthcare, the largest in State history, to rebuild and grow the healthcare workforce and strengthen the healthcare system as part of the 2022 State of the State. The plan will invest $10 billion in New York State’s healthcare sector, including more than $4 billion to support wages and bonuses for healthcare workers, and will invest in the healthcare workforce development pipeline to meet the current and increasing demand for medical professionals. “From the very beginning of the pandemic, New York’s healthcare workers have been on the front lines,” Governor Hochul said. “We must stop the current hemorrhaging of healthcare workers, and we need to not just say we owe them a debt of gratitude, but actually pay them the debt we owe. The health of every New Yorker depends on a strong, stable, and equitable healthcare system, and healthcare workers are its very foundation. With the largest ever investment in healthcare, we will retain, rebuild, and grow our healthcare workforce and ensure we deliver the highest quality healthcare for New Yorkers.” The pandemic has dramatically exacerbated healthcare workforce concerns, impacting the experience of our essential workers as well as access to high quality care for New Yorkers. As of June 2021, New York’s healthcare workforce was still 3 percent below pre-pandemic levels, and 11 percent below where it would need to be by the end of 2022 to keep up with pre-pandemic projected demand.
Make a $10 Billion Investment in Our Healthcare Sector and Support Wages for Workers New York’s essential health and human services workers have seen us through a once-in-a-century public health crisis and turned our state into a model for battling — and beating — COVID-19. But many of these workers are still earning a wage far below what they need to sustain a household and a fair quality of life. To grow New York’s healthcare workforce by 20 percent over the next 5 years, Governor Hochul will make a $10 billion, multi-year investment in healthcare, including more than $4 billion to support wages and bonuses for healthcare workers.
Key components of this multi-year investment include: •$2 billion to support healthcare wages •$2 billion to support healthcare and mental hygiene worker retention bonuses, with up to $3,000 bonuses going to full-time workers who remain in their positions for one year, and pro-rated bonuses for those working fewer hours •$500 million for Cost-of-Living Adjustments (COLAs) to help raise wages for human services workers •$2 billion for healthcare capital infrastructure and improved lab capacity •Other investments in workforce and healthcare access and delivery The growing demand for our essential healthcare workforce requires also swift and strong action. Governor Hochul will rebuild and grow the healthcare workforce with a program designed to improve the career pipeline, expand access to healthcare training and education, recruit care workers to underserved areas, and strengthen home care. l
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January Is Divorce Month
BY LINDA NWOKE 311DIVORCE.COM
The United States ranks as the country with the sixth highest divorce rate in the world, with an average of over 2 million divorces per year, calculated at the rate of 200 dissolved marriages per hour, granted every 13 seconds. Did you also know that individual states and not federal law apply to divorce within the United States? For instance, there are variations by the state in the divorce process serving requirements, waiting periods/cooling-off periods, property distribution, divorce filing fees, child support, legal separation requirements, and so on. California insists on six months and a one-day cooling-off period. Nevada can dissolve a marriage within six weeks. Florida has one of the highest filing fees for divorce in America and New York bars serving divorce papers on Saturday and Sunday if the couple observes a religious holiday.
Divorce Trends There is evidence that divorce rates have significantly dropped over the years by 8%, according to CDC; specifically, there have been fewer divorces and annulments between 2007 and 2017. Plausible explanations for this observation are the changes in attitudes towards marriage, especially between the Baby Boomers generation and the millennial/generation X. However, one trend that has not declined is the high volume of divorce filings that takes place within January every year. Online media sites like Google trends and Pinterest reveal a significant increase in divorce, especially within the first two weeks of January.
Possible Reasons for January Divorces Anecdotal data have shown that dates between January 6th and January 12th record the highest days for divorce filings, which has led to January identified within legal circles as the month of divorce. Divorce does not take place overnight, and most divorced couples started pursuing the dissolution of their marriage before the time of filing the papers. The myth surrounding January as a divorce month can be associated with a few considerations from the emotional, logical, psychological, and economic perspectives. Consistent with the findings of some researchers, cultural celebrations and expectations often influence the decision to delay taking a decisive action to dissolve a marriage. Researchers like Julie Brines and Brian Serafini found what to be the first evidence of a pattern of filing for divorce and seasons. In their study, they found a significant increase in divorce filing cases between March and August, specifically the periods after winter and summer holidays; however, after August, the number of divorce filings dropped until after December. They claim that the winter and summer holidays are culturally sacred times for most families. Therefore, most couples with children often delay filing for a divorce until after festivities like the Fourth of July, Thanksgiving, and Christmas, which are all family celebrations. They do this for emotional reasons since they want to give their children their last memory as a happy family. Similarly, the associated high-stress level caused by the financial demand and incompatibility endured during the Christmas festivities often serves as a trigger for the actual action to file for divorce among strained couples. For couples who are thinking about divorce, the most plausible time to file a divorce falls within the week of January 5th up to two weeks after. Typically, this is the period when professionals such as lawyers, judges, and other agencies required to initiate the divorce process, return to work after the festivities. Consequently, practical/logistic reasons contribute to the timing. Another possible explanation is the psychological association between the beginning of the year and our desire to have a new start. The New Year is a time continued on page 17
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January is Divorce Month continued from page 16 when we make resolutions, and often, people resolve to live a better life, with a focus on eliminating stress. Relationships are considered a stressor, and most emotionally strained couples usually identify their relationship with a partner as a stressful situation. Thus, the beginning of the year serves as an excellent time to start anew, when people work towards eliminating any obstacle towards their happiness. The filing of divorce papers often serves as a determined effort towards achieving the desire to live a happier and fulfilling life. Finally, financial gains from payments and tax cuts can be of consideration to either couple seeking for dissolution; consequently, the economic benefit might be a marginal reason.
Causes of Divorce While any or some of these factors might be contributing to the high rise of divorce filings in January, several factors lead to divorce. Research findings show that most marriages after eight years are more likely to end in a divorce; issues like absence of commitment (identified as the most common reason for a divorce), constant arguments, and accusations of infidelity were also frequently identified. Other matters, such as having unrealistic expectations, getting married too young, feelings of inequality within the relationship, and not being adequately prepared for marriage, are also contributing factors. Interestingly, domestic violence or abuse was the least ranked factor mentioned. Also, other sociocultural factors that influence divorce include the couple’s level of religiosity/morality. Couples who consider themselves liberal-minded are more likely to get divorced quicker than others. Furthermore, couples who are products of broken homes and the couple’s age before marriage also indicated as factors. The younger the couple is at the time of marriage, the more likely they will file for a divorce as the marriage progresses, not to mention the level of compatibility.
Effect of Divorce In the event of a divorce, issues may include child custody, child support, alimony/spousal support, and in some cases, distribution of joint property, to mention a few problems that are addressed by the presiding judge. In most cases, the dissolution of marriages often leaves scars that vary in magnitude on the couple and their children. While some people may be able to move on after a divorce without regrets or scars, no divorce can take place without leaving a mark. Economically, most women are often hard hit by most divorces, especially among low-income socioeconomic class families. Women, left with the custody of their children from the marriage, struggle financially, despite the payment of child support. The family never remains the same; the quality of life for the woman and her children declines. Psychologically, the children are often the worst hit. Most times, they contend with suppressed feelings of anger, guilt, and sadness. Such feelings are often unresolved and remain with the children as they grow and become adults. Unresolved emotions manifest in relationships and can lead to a repeat of the past in the form of failed relationships and, eventually, their divorces. Conclusively, irrespective of the month a couple decides to file for divorce, divorce is expensive, not just in terms of the financial cost as emotional, psychological, and other effects have a farreaching impact that goes beyond January or any other month. The price paid by all involved goes beyond the individual into the community and the larger society. Before seeking a divorce, couples should explore other options like counseling, therapy, and temporary separation. Only after these and other options have been explored, should divorce be considered as a last resort.
Get Legal Help In the event, that you do need a divorce, it’s important to hire the right attorney whether the divorce is amicable or not. Rest assured, your spouse will be hiring an attorney to seek their best interest. The Law Firm of Figeroux & Associates reminds you: Don’t divorce your money or your kids; divorce your spouse. For a FREE case evaluation, call 855-7688845 or visit www.askthelawyer.us.l
Substance Abuse, Criminal Charges, and Death: National Guard Border Deployments Plagued by Problems
BY AARON REICHLIN-MELNICK
National Guard troops deployed to the U.S.-Mexico border face a grim reality, with their deployments plagued by substance abuse problems and discontent. Eight troops have committed suicide or died as part of a series of deployments along the border within the last year. New reports from the Army Times suggest that troops not only have little to do other than sit around, but are also poorly supervised and increasingly falling victim to substance abuse issues. Since March, thousands of Texas National Guard troops have been deployed to the U.S.-Mexico border as part of what Governor Greg Abbott called “Operation Lone Star.” These troops join the thousands of National Guard members deployed to the border since 2018, when President Trump first sent troops to the border in response to a migrant caravan. Troops have remained there in significant numbers ever since, even under President Biden. Federal National Guard deployments are limited by law to only providing logistical assistance to the Border Patrol. On past deployments, this has meant that troops mostly watch cameras, shovel out horse stables, and conduct menial labor. These restrictions continue today, so that most of the federal troops are primarily manning “24-hour lookout sites.” Many units deployed without even basic equipment necessary, with some units taking 10 months to receive night vision goggles. One officer described how troops would simply “stare into the darkness” for hours a time, illuminated only by their vehicle headlights. “At night … they just stare out into the void.” With little to do, many troops have turned to alcohol and other drugs in their off-time. Three soldiers in the federal deployment died over the summer (two by suicide and one in a DUI)—the same number of deaths in all National Guard overseas deployments in 2021. 16 soldiers have been arrested or confined on “charges including drugs, sexual assault and manslaughter,” and over 1,200 military legal actions were taken against troops; nearly one for every three soldiers. Significant problems also exist with the Texas National Guard deployment as part of Operation Lone Star. Unlike the federal deployment, Texas National Guard have been authorized to arrest migrants themselves, and even use deadly force if necessary. But most migrants are simply turning themselves in to officers and asking for asylum. The Texas troops are mostly transporting people from the border to jails or turning them over to the Border Patrol. Many of the troops don’t want to be deployed to the border. They are suffering from severe morale shortages in part because the Texas legislature slashed their pay and has refused to authorize leave. And despite Texas’ claim that troops have been arresting thousands of migrants, some troops told the Army Times that they’re mostly sitting around in hotels, sleeping in Humvees, and drinking. Over the last year, five Texas national guard troops deployed under Operation Lone Star have shot and killed themselves, either intentionally, or in the case of one man who died on January 1, “in an alcohol-related incident.” Operation Lone Star itself has also come under intense criticism for the treatment of migrants. Hundreds of migrants arrested under Operation Lone Star have been sent to remote state prisons on misdemeanor trespassing charges, where many languish for months before ever seeing a judge. Some migrants have accused Texas National Guard troops of entrapping them by walking them onto private land and then arresting them for trespassing. The damning exposé makes clear that the lives of thousands of troops have been disrupted unnecessarily and for political purposes. No person signs up to the National Guard to be forced to deploy to South Texas and sit around watching video screens for 12 hours a day while far away from family and friends. Governor Abbott and President Biden should end these disastrous deployments before more people die.l
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