INSIDE
October 2019 Stop Green Card Slavery ... 4-page The Immigrant’s Journal
When Can a Landlord Be Arrested?... 19
Sexual Abuse in Nursing Homes ... 11
Issue #5
Elijah Cummings: Powerful Congressman & Civil Rights Champion Passes
Congressman Cummings
BY JANET HOWARD
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n 1996, Elijah Cummings, in his first speech to the House, recited a poem: “I only have a minute, sixty sec-
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onds into it. Forced upon me, I did not choose it. But I know that I must use it.” And goodness, did Elijah Cummings used his time wisely, tirelessly, fearlessly and with honor and
fairness. In the words of President Barack Obama, “It’s a tribute to his native Baltimore that one of its own brought such character, tact, and resolve to the halls of power every day.” Born to sharecroppers, the black tenant farmers who rented land from white owners after the Civil War, he was the third of seven children. Elijah Eugene Cummings (January 18, 1951 – October 17, 2019) was an American politician and civil rights advocate who served in the United States House of Representatives for Maryland's 7th congressional district from 1996 until his death in 2019. The district includes just over half of the city of Baltimore, most of the majority-black precincts of Baltimore continued on page 4
Hot Topics and News You Should Know About
AG James Takes a Look at Discrimination in Mortgage Lending ... 19
Why Won’t Democrats Vote to Authorize Impeachment? ... 6
The Struggle of Living & Working in New York ... 5
Labor-Related News - Nationally & Locally
Boxer Patrick Day Dies from Traumatic Brain Injury ... 26
TWU Local 100 President Calls for MTA Chairman to Step Aside from Contract Negotiations
Chairman Utano
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fter portraying our city's transit workers as time and overtime cheats, and posting cops in the workplace like jail guards, multi-millionaire MTA Chairman Pat Foye has used ugly stereotypes and more lies to accuse Transport Workers Union Local 100 President Tony Utano of fraud. This latest attack came in an email that Foye sent to Utano over the Columbus Day weekend that was later leaked to the press. Local 100 called the email "a despicable attempt to weaken the union and dirty the reputations of the Local 100 president, the union and our membership continued on page 10
Helping Couples Stay Connected ... page 23
Gunshot Victims Have Highest Chance of
Dying in Queens BY SEAN CAMPBELL, MAYA MILLER AND LAURA LADERMAN, THE CITY
Judge Ash Charged in Major Credit Union Fraud ...3
The Whistleblower Protection Program ...7
Amazon is on NYCOSH’s Dirty Dozen List...9
D
uring the first 2020 presidential debate in June, then-candidate Mayor Bill de Blasio touted New York City’s drop in crime. But even as the number of shootings has dramatically continued on page 16
Carolyn Dixon at LIFE Camp, Inc., in Jamaica, Queens. Photo: Demetrius Freeman /The Trace
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October 2019
My friends, it is solidarity of labor we want. We do not want to find fault with each other, but to solidify our forces and say to each other: “We must be together; our masters are joined together and we must do the same thing.”
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Contents
— Mother Jones
CWAers Call on Congress to Pass PRO Act to Build Union Member Power
ICYMI: Breaking Newa: Brooklyn Judge Arrested, Charged in MCU Multimillion Dollar Fraud Case...........................................3 Workers’ World The Struggle of Living & Working in New York.............................................................................5 Family: The True Modern Relationship What Are the Effects of Bullying? Is It Really That Bad?........15
World News Why Won’t Democrats Vote to Authorize Impeachment?........................................................................6 Workers’ Safety The Whistleblower Protection Program..........................7
On a National Day of Action, hundreds of CWA members across the country made phone calls to Congress to pressure them to pass the PRO Act. Our existing labor laws are outof-date and inadequate to combat the greed of the 1%. The PRO Act will give CWA members more power to win the wages, benefits, and working conditions we deserve. It will protect strikers, make it easier for workers to join unions, prevent the misclassification of workers as independent contractors, deal a blow to "right-to-work" laws, and a lot more. Have you made your call this week? It's not too late! Tell Congress we need to fight back by passing the PRO Act because our right to organize must be protected!
Education Student Loans: Understanding How They Work.......................................................................8 Love, Health & Travel Timing Is Perfect to Win in the Travel Industry.....................................................................24 From Worker to Business Owner Immigrants & Their Children Started Almost Half of All U.S. Fortune 500 Companies
Love, Health & Travel Yes, Men Get Breast Cancer as Well..............................25
To contact Congress, visit www.workersworldtoday.com
COLUMNS
Nursing Home Abuse & Neglect ... 11-14
Sports & Conversations ... 26 Nearly two million Americans live in long-term care facilities, and abuse and neglect against the elderly are national concerns. Read our special section to understand how nursing home neglect and abuse are defined, sexual abuse in nursing homes, how to choose a nursing home, bed sore injury cases, and what to do if a loved one has suffered abuse and neglect.
For a FREE copy of our Special Section on Breast Cancer Awareness, go to www.workersworldtoday.com Share with your family and friends. Workers’ Matters ... 9 Pressure, Pain and Productivity at Amazon “No time to decompress,” an anonymous Amazon worker said. “Basically watch a man pass away and then get told to go back to work, everyone, and act like it’s fine.”After deaths Amazon listed as one of the most dangerous places to work.
“People look at me, look at my demeanor, and say, ‘Oh you’re such a nice guy, well-spoken, why do you choose to box?’ It’s about what’s in your heart … I have a fighter’s soul, a fighter’s spirit, and I love this sport,” Day said. “Boxing makes me happy, that’s why I choose to do it.” —Patrick Day "Salt of the Earth" strike begins by the mostly Mexican-American members of Mine, Mill and Smelter Workers Union Local 890 in Bayard, N.M. Strikers' wives walked picket lines for seven months when their husbands were enjoined during the 14month strike against the New Jersey Zinc Co. - 1950 Twelve New York City firefighters die fighting a blaze in midtown Manhattan. Until the Sept. 11, 2001, terrorist attack, the fire on East 22nd Street claimed more firefighters’ lives than any other disaster in the city. - 1966
This Day in Labor History: October 17
October 2019
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ICYMI: Breaking News
Brooklyn Supreme Court Justice Arrested, Charged In Municipal Credit Union Multimillion Dollar Fraud rooklyn Supreme Court Justice Sylvia Ash and retired NYPD officer Joseph Guagliardo have been arrested in connection with a fraud case involving the New York City-based Municipal Credit Union (MCU). Ash was arrested Oct. 11 for destroying evidence and lying to federal investigators during an investigation of MCU. Guagliardo was arrested on embezzlement and fraud charges. MCU CEO Kam Wong was sentenced to five and a half years in prison earlier this year for embezzlement. Connected to this embezzlement, Ash allegedly signed papers that justified millions to end up in Wong’s pocket to protect Wong from an investigation into the corruption. “Ash agreed to and did sign a false and misleading memorandum purporting to explain and justify millions of dollars in payments that Wong had received from MCU, which was then provided by Wong to law enforcement officers,” a statement by the Southern District of New York U.S. Attorney’s Office said. Court documents say Ash served as the chair of MCU’s volunteer board of directors from 2008-2016. During this time, she allegedly received tens of thousands of dollars annually in reimbursements and benefits from the credit union and other benefits in-
B Supports Workers’ World Today
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ecently, I was in Albany fighting and seeking support of A1261/S1947, legislation that will create a clear definition of public work and level the playing field for New York’s contractors. District Council 9 Painters and Allied Trades Union (DC9), the union for painters, prides itself on being a strong advocate for workers’ rights and safety. We are excited about this new publication, Workers’ World Today, which covers the issues of relevance and concern for all workers. We are encouraged that all workers: blue and white collar will have a voice and platform. Congratulations on your inaugural issue. We wish much success to the leaders and team of Workers’ World Today and pledge our support.p Davon Lomax Political Director, DC9
TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Online Editor Elias Gebrehiwot Contributing Writers Marilyn Silverman Charles Tabasso Victoria Falk Erin Telesford Jennine Estes, MFT Travis Morales Jamileliah Francis Janet Howard Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com
Busted! Judge Sylvia Ash and and retired cop Joseph Guagliardo
cluding coverage of airfare, hotel, food and entertainment expenses. After Ash resigned, Wong kept some of the benefits in place for her, including Apple devices like the iPhone X. While banks are for-profit entities, credit unions are not-forprofit, which leaves them exempt from state and federal taxes so they can charge lower interest rates. MCU is one of the largest credit unions in the country with more than 500,000 members and about $3 billion in accounts. MCU is available to employees of New York City and its agencies; employees of the federal and New York state governments who work in New York City; and employees of hospitals, nursing homes and similar facilities located within New York State. Guagliardo, a former NYPD officer who retired in 1989, also faces embezzlement and fraud charges. He was part of the MCU supervisory committee — a volunteer position aimed
at preventing corruption and conflicts of interest — from 1993 until around 2008 and allegedly used MCU funds to enrich himself. Guagliardo also is charged with providing Wong with prescription drugs he obtained illegally. Guagliardo allegedly defrauded and embezzled hundreds of thousands of dollars, funneling it to a security company he controlled but operated in another’s name. He also overbilled for web advertising services by a nonprofit organization for retired cops called the 10-13 Association that he controlled. Ash, who had served on the bench from 2010 and has served in the state Division of Judicial Conduct, has been “relieved of her judicial duties,” the Office of Court Administration said in a statement. Ash faces up to 20 years in prison, and Guagliardo faces up to 30. Ash is set to reappear in court on November 1.p
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October 2019
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American Hero has lost a Champion. Heaven has gained an Angel of Justice." Former Republican National Committee Chairman Michael Steele said his "heart is saddened at the loss of a colleague and friend. Elijah cared deeply about public service and the importance of 'representing your people.'"
Elijah Cummings continued from page 1 County, as well as most of Howard County. He previously served in the Maryland House of Delegates. He was a member of the Democratic Party. He died at the age of 68. Cummings served in the Maryland House from 1983 through 1996. That year, he was elected to the U.S. House. Cummings served as the Chair of the Committee on Oversight and Reform from January 2019, until his death in October 2019. As Chairman, he stood had a strong backbone, stood tall and was most unyielding in this time of Trump’s presidency. He would not be bullied by Trump and fervently advocated for the poor in his blackmajority district, and defended his constituents from Trump’s insults and fought relentlessly for the moral values of America. Cummings was a passionate lawmaker who commanded respected from both sides of the political aisle. After Trump’s attack on Baltimore, Cummings had responded that government officials must stop making “hateful, incendiary comments” that only serve to divide and distract the nation from its real problems, including mass shootings and white supremacy. “Those in the highest levels of the government must stop invoking fear, using racist language and encouraging reprehensible behavior,” Cummings said in a speech. He urged political leaders to “work together for the common good.” Cummings said he had just a single one-on-one conversation with Trump, reported the Baltimore Sun. That was in 2017 when they were working on a bipartisan plan to lower drug prices. “Mr President, you’re now seventysomething, I’m sixtysomething. Very soon you and I will be dancing with the angels,” Cummings later recalled. “The thing that you and I need to do is figure out what we can do — what present can we bring to generations unborn?” He said he then told Trump that “we don’t need to be doing mean things. We don’t need to be just representing thirtysomething percent of the people that like us. You need to represent all the people.” Cummings said he particularly resented Trump’s tweet last summer that four Demo-
The House Oversight chairman died too soon at 68, while working on his deathbed to ensure this country measured up to his standards... cratic congresswomen of color should “go back” to other countries. He said it reminded him of the summer of 1962, when white mobs taunted and threw rocks and bottles at Cummings and other African American kids seeking to integrate South Baltimore’s Riverside Park public swimming pool. He often told the story of how his mother had witnessed Americans harmed and beaten while seeking the right to vote. “Her last words were, ‘Do not let them take our votes away from us,’” he said. Failing Health Cummings, who was serving his 13th term in the House, had been in poor health. In recent times, he used a motorized scooter around Capitol and a walk to stabilize himself. He was certain that he was on borrowed time and told the New York Times in May, that he was “living on borrowed time.” Wife to Run for Seat? According to a report, Maya Rockeymoore, widow of Rep. Elijah Cummings, and chairwoman of the Maryland Democratic Party, is expected to run for her late husband’s House seat. Rockeymoore, herself, has not yet said whether she plans to run, The Washington Examiner reported. The Maryland Democratic Party released a statement that Rockeymoore would not be making announcements while she grieves. "We ask the public and the press to allow Maryland Democratic Party Chair Dr. Maya Rockeymoore Cummings — and the rest of the Cummings family — time and space to grieve their loss,” the party said. Rockeymoore, 48, has previously worked for the Congressional Black Caucus Foundation, served as chief of staff to former U.S. Rep. Charles Rangel, D-N.Y., and was a staffer on the House
Ways and Means Committee. She also ran for governor in Maryland but dropped out when Cummings was hospitalized in 2018. Remembering Cummings As news of his death swept the nation, tributes poured in from adversaries, colleagues, and admirers, expressing shock and sadness of the passing of the powerful giant. Here are some of them: Former President Barack Obama and Former First Lady Michelle Obama said, “Michelle and I are heartbroken over the passing of our friend, Elijah Cummings. May his example inspire more Americans to pick up the baton and carry it forward in a manner worthy of his service.“ He added, “Cummings work as chairman of the powerful House Oversight Committee and "showed us all not only the importance of checks and balances within our democracy, but also the necessity of good people stewarding it." Obama also called Cummings "steely yet compassionate, principled yet open to new perspectives" and "steadfast in his pursuit of truth, justice, and reconciliation." Senate Minority Leader Chuck Schumer, (D-N.Y.), speaking on the MSNBC program, Morning Joe, praised Cummings as "an amazing man. He was not just a great congressman; he was a great man." Hillary Clinton tweeted that "America lost a giant with the passing of Rep. Elijah Cummings, a man of principle who championed truth, justice and kindness. He fiercely loved his country and the people he served." Hakeem Jeffries, chairman of the House Democratic Caucus, said he was deeply saddened by Cummings' passing, adding, "he spoke truth to power, defended the disenfranchised," adding, "Congress
Big Loss for Democrats Cummings rose to prominence and became one of the most powerful Democrats in Congress and a key figure in the impeachment investigation of President Donald Trump. He frequently went head-to-head with President Donald Trump publicly. The Maryland Democrat was at the center of nearly every major House investigation into the Trump administration, and he chaired one of the four committees responsible for investigating whether President Trump committed impeachable offenses by pressuring Ukraine to do his political bidding. Cummings’ sharp legal mind, moral heft, and ability to work across the aisle may be impossible to replace. Speaking to the press, Rep. Alexandria Ocasio Cortez (DN.Y.), who serves on the House Oversight Committee, lamented, “What makes this such a big blow is that there is just no replacement for Elijah Cummings.” She added, “This is a very, very sensitive and intense time. We're not just talking about picking a new chair in-between two terms. We're talking about who can carry this in the middle of the impeachment proceedings. This is the time for oversight.” Speaker Nancy Pelosi said in a statement, “In the House, Elijah was our North Star. He was a leader of towering character and integrity, whose stirring voice and steadfast values pushed Congress and country to rise always to a higher purpose.” It remains to be seen how the loss of Cummings affects the Democrats’ impeachment efforts. Thoughts and Prayers Our thoughts and prayers are with his family, constiuents and all those who mourn the passing of the great, Honorable Elijah Cummings. May his legacy live on for genertions to come. Remember his words, America: “We are better than this.” Let’s strive everyday to prove him right. May he rest in peace.p
UAW SecretaryTreasurer Ray Curry Honored
Curry
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n September 12, Ray Curry was honored with a National Leadership Award by the National Newspaper Publishers Association, the trade organization representing African American-owned media companies. The annual awards honor courageous leadership and honorees are asked to reflect on the importance of the Black Press in America. Curry spoke about the connection between organized labor and the fight for civil rights, as well as the UAW’s continued commitment to racial equality. Congratulations Ray and thank you for your courageous leadership! p — www.uaw.org
Uber, Lyft Drivers Protest
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n October 10th, NYC Uber and Lyft drivers rallied to protest the app-based companies for gaming the city’s pay rules at the expense of drivers, and NYC’s Taxi & Limousine Commission for failing to stop them. The Independent Drivers Guild called for NYC to pass its Drivers’ Bill of Rights, which will prevent app-based companies from kicking drivers off the apps between trips and in areas of lower demand in order to avoid paying drivers as required by New York City’s pay regulations. p
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October 2019
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Workers’ World
The Struggle of Living and Working in NY BY WWT STAFF WRITER
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ew York is believed to be one of the greatest cities in the world. It’s a city that cannot be compared to any other…with its unique architecture, beautiful parks, diverse population and mouth-watering cuisine, makes for a place of uniqueness. On a regular basis, people relocate to New York in search of a better life, making it one of the most densely populated cities and home to many. Quite frankly though, living in New York can be extremely challenging for some. The cost of living in this city can be overwhelming, especially when it comes to the issue of housing. Though New York is deemed as the greatest city in the world, there are still instances where persons, due to the high cost of living, need to rely heavily on governmental programs in an effort to make ends meet. This includes, but is not limited to, housing, food, medical, transportation. SOTA Program In the area of government assistance for housing, one which needs special mention is the
Special One-Time Assistance (SOTA) program. This is a government assistance program which allows one year of full rent in advance for persons coming out of shelters. This program also enables Dept. of Social Services (DSS) clients to move within New York City, New York State counties, or outside of New York State. Working individuals and families, people who receive SSI, and SSD can access this program; however, success with the program highly depends on future ability to make future rental payments. These questions are then asked: Is this program effective and what eventually happens to the persons under programs such as this one? The Storm after SOTA Workers World Today (WWT) interviewed an individual who re-
cently returned to New York under the SOTA program. Her name is Adesewa Onifade and she lives in the East New York area. Onifade mentioned that she made the decision to return to New York in order to fulfill her daughters dream of living and schooling in her city of birth. However, though Onifade was preapproved for the SOTA program, when she finally got to New York, her application was later denied. According to Onifade, the SOTA program seems to be very flawed. She believes that the working class is seriously neglected when making deliberations on who is eventually eligible for programs such as those. Onifade, among many other New Yorkers are seriously rent burdened and sadly, the programs that are in place such as SOTA are of no use to them, since they are deemed overqualified. She stated that Senator Kevin Parker, from the Flatbush area, in speaking with the City Comptroller, mention that approximately 1.4 million New Yorkers are spending 50% more on housing. According to Onifade, “as a community overall, there are a lot of issues going on and they are all based on quality
of life and being able to afford to live.” Quality of Life Issues in East New York According to Onifade, $3 billion is allocated to homeless services while none is being allocated to preventative measures. She believes that some of these resources should be redirected in creating preventative measures rather than homeless shelters. A ways of addressing this issue is for community representatives to hold city agencies accountable for their budgets and by creating an avenue for persons to be able to receive assistance whether they qualify for public assistance or not. Onifade believes that housing and food should be made a human right. Onifade also spoke about her concerns with her commute to and from work. She stated that it is a very excruciating experience when travelling on the bus as it is sometimes overpacked. She explained that the reason for this is because on any given day the wait for the bus is approximately 45 minutes. She mentioned that there are no express trains from Utica to East New York at rush hours. This makes the commute an even longer
one. Another issue raised by Onifade was the countless amount of trash seen in the East New York community. Her wish is to see the trash picked up on a timely basis. Her last concern was not having access to clean and healthy fruits and vegetables in the East New York neighborhood. Steps Taken Onifade mentioned that she got an opportunity to express her issues at the Quality of Life Town Hall meetings held by Congressman Hakeem Jefferies. In her words, “a lot of the issues were addressed and some of them were given timelines where they were going to make some resolutions for them.” She expressed how happy and impressed she was by the panel present at the meeting. WWT asked Onifade what advice she would give to her community members. In quoting Mahatma Gandhi, she urged her community members to “be the change that they want to see.” She stated that representatives need to know what the issues are on the ground and persons need to voice their opinions and concerns so that changes can be made. p
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October 2019
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World News
Why Won't Democrats Vote to Authorize Impeachment? VIA BBC.COM - U.S. & CANADA
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emocratic Speaker of the House of Representatives Nancy Pelosi has refused to hold a chamber-wide vote to authorise the impeachment inquiry, despite vehement pushback from the White House and Republicans. Why not? What's the debate about? Pelosi affirmed recently that there is no need for a full chamber vote as her party's probe proceeds. "There's no requirement that we have a vote, so at this time we will not be having a vote and I'm very pleased with the thoughtfulness of our caucus with the path that we are on," she told reporters. But Republicans, who control the Senate, where any impeachment measure would go to trial, disagree. Citing past impeachments,
the president's supporters have called for a full House vote to formally start the inquiry and to give Republican lawmakers more powers, like being able to issue subpoenas for their own witnesses and schedule hearings. As it stands, several House committees, all chaired by Democrats, are investigating the president, looking for evidence to support impeachment. The White House has refused to cooperate. "We're not here to call bluffs. We're here to find the truth, to uphold the Constitution of the United States," Pelosi said "This is not a game for us. This is deadly serious, and we're on a path that is getting us to a path to truth and timetable that respects our Constitution." So what does the constitution say? Article One of the constitution
Donald Trump's Republicans have called for a full vote on impeachment, which top Democrat Nancy Pelosi says is unnecessary. Pelosi: Aaron-Schwartz / Shutterstock.com. Trump: Michael Candelori / Shutterstock.com.
simply states that the House "shall have the sole power of impeachment," acting as grand jury and levying charges. The Senate, meanwhile, has "the sole power to try all impeachments" and convict a president of any "treason, bribery or other high crimes and misdemeanors." The nation's founding document does not expand on how the chambers ought to carry out impeachment. Jonathan Turley, a professor of constitutional law at George Washington University, explains: "The Constitution does not require anything other than a majority vote of the House to impeach a president. "It is silent on the procedures used to reach that vote, and courts have largely deferred to Congress to create its own internal rules and processes in fulfilling constitutional functions." But he adds, at least historically, "a vote of the chamber as a whole was required to commit a matter to the House Judiciary Committee or a select committee for an impeachment investigation of a sitting president.. The U.S. Supreme Court has held up the broad powers promised to Congress in the Constitution. In a 1993 case over the Senate's impeachment rights, the justices unanimously ruled that the Constitution's use of "the word 'sole' is of considerable significance" and meant the Supreme Court could not intervene—particularly as impeachment is an important check on the judiciary branch by the legislative. Indeed, the court noted, the word "sole" appears only twice in the constitution - when granting Congress the right to impeach.
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But what does precedent suggest? Congressman Kevin McCarthy, the Republican minority leader in the House, said in a letter to Pelosi earlier this month that she offered "no clear indication as to how your impeachment inquiry will proceed - including whether key historical precedents or basic standards of due process will be observed". The White House echoed a similar complaint in counsel Pat Cipollone's letter to Pelosi, which stated the inquiry was "constitutionally invalid" without a full vote. "In the history of our nation, the House of Representatives has never attempted to launch an impeachment inquiry against the president without a majority of the House taking political accountability for that decision by voting to authorize such a dramatic constitutional step." But that may not be entirely true. There have only been two presidential impeachments in U.S. history—Andrew Johnson in 1868, and Bill Clinton in 1998.
Richard Nixon was not impeached, but in 1974, the House held a full vote to authorize the formal impeachment investigation against him. A similar vote was called in the Clinton case—though the initial investigation into the president had already been conducted by an outside counsel. With President Johnson, who saw two attempts to impeach him, the House voted on resolutions to investigate but there was no explicit authorization, according to a New York Times fact check. Pelosi has responded to Republican pushback by saying House committees are allowed to begin investigations as they see fit, including impeachment. For Prof Turley, the lack of a full chamber vote in the face of these precedents only serves to "undermine the position of the House”. "The reason for that traditional practice is obvious. Before the House takes the momentous step toward impeachment of an American president, all of its members should be on record with that consequential action. "Most importantly, it gives clarity to a federal court in balancing congressional demands against executive privilege." "The 'impeachment by press conference' action of Pelosi is an entirely new animal," Turley adds. "It is now clear that the casual approach is by design. The question is 'why'."p
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October 2019
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Workers’ Safety
The Whistleblower Protection Program
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SHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws and for engaging in other related protected activities. Protection from Workplace Retaliation An employer cannot take an adverse action against employees, such as: firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours, for engaging in activities protected by OSHA’s whistleblower laws. What Is Retaliation? Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale. Because an adverse action can be subtle, it may not always be easy to spot. Examples of adverse actions include, but are not limited to: nFiring or laying off nDemoting nDenying overtime or promotion nDisciplining nDenying benefits nFailing to hire or rehire nIntimidation or harassment nMaking threats nReassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings) nReducing pay or hours nMore subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance nBlacklisting (intentionally interfering with an employee’s ability to obtain future employment) nConstructive discharge (quit-
ting when an employer makes working conditions intolerable due to the employee's protected activity) How to File a Whistleblower Complaint You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA. In States with OSHA-approved State Plans, employees may file complaints under section 11(c) of the Occupational Safety and Health Act with Federal OSHA and with the State Plan under its equivalent statutory provision. How to Create an Anti-Retaliation Program Employers can create workplaces in which workers feel comfortable voicing their concerns without fear of retaliation. There are five key elements to creating an effective anti-retaliation program or enhancing an existing one. What to Expect During a Whistleblower Investigation Filing a Complaint An employee, or his or her representative, can file a whistleblower complaint with OSHA via mail, fax, telephone, in person, or online, against an employer for unlawful retaliation. During the investigation, the employee who files the complaint is referred to as "the Complainant," and the employer, against whom the complaint is filed, is referred to as "the Respondent." Neither side is required to retain an attorney, but if a party designates a representative, the designee will serve as the point of contact with OSHA. It is imperative for the Complainant or his or her representative to provide OSHA with current contact information. Failure to do so may cause OSHA to conclude the investigation. OSHA will interview the Complainant to obtain information about the alleged retaliation, and will determine whether the allegation is sufficient to initiate an investigation under one or more of the whistleblower protection statutes administered by OSHA. Regardless of the statute under which the complaint is filed, the conduct of the investigation is generally the same.
Conclusion of the Investigation At the conclusion of the investigation, the investigator will make a recommendation to his/her supervisor regarding whether the evidence provides reasonable cause to believe that the Respondent violated the specific statute in question. If the supervisor and management concur with the merit or dismissal recommendation, OSHA will issue a findings letter to both parties, which will include information about remedies (if appropriate) and the right to object and have the case heard by an administrative law judge, except in cases under section 11(c), AHERA, or ISCA. In those cases, Complainants may request review by OSHA's National Office of dismissal decisions. In merit section 11(c), AHERA, or ISCA cases, unless a settlement is reached, the Department of Labor would have to file a complaint in district court to remedy the retaliation. p
Investigative Process posing party's position. If the allegation is sufficient to Whistleblower investigations proceed with an investigation, vary in length of time. The parthe complaint will be assigned ties may settle the retaliation to an OSHA whistleblower In- complaint at any point in the vestigator who is a neutral fact- investigation either through finder who does not represent OSHA's Alternative Dispute either party. The investigator Resolution (ADR) program, will notify the Complainant, with the assistance of the asRespondent, and appropriate signed investigator, or through federal partner agency that their own negotiated settlement OSHA has opened an investiga- that OSHA approves. tion. Under certain statutes, the The Complainant and the Re- Complainant may "kick out" spondent should keep any po- and file the retaliation comtential evidence regarding the plaint in federal district court if circumstances of the allega- there is no final order and a tions, including all pertinent specified time from the filing of emails, letters, notes, text mes- the complaint with OSHA has sages, voicemails, phone logs, passed (180 or 210 days depersonnel files, contracts, work pending on the statute). Source: whistleblowers.gov products, and meeting minutes. OSHA will request that both parties provide each other with a copy of all submissions they have made to OSHA related to the Are you working? Have you been injured on the job? complaint. Both the ComWas it a serious injury as defined under NY Workers’ plainant and Compensation Law? the Respondent should provide If yes, then call Figeroux & Associates contact inforfor a FREE Consultation at 718-222-3155. mation for witnesses who could support or refute the alIn addition to being leged retaliaeligible for workers' tion. compensation, you may OSHA will also have a claim against ask the Respona party other than your dent to provide employer. That is why it a written deis so important to seek assistance from our fense to the alexperienced team. legations, also known as a position statement. Both parties are expected to act i v e l y participate in the investigation and to respond to OSHA's reWorkers who know their rights and speak to a lawyer put quests. Both themselves in a better position to obtain a recovery. parties are also given an opFind Out What Our Firm Can Do For You portunity to rebut the opThe Law Firm of Figeroux & Associates. Call us at 718-222-3155.
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8
Education
Student Loans: Understanding How They Work BY KHOURY DOUGLAS, ADIA MASHARIKI & JUSTIN SMALL
H
ow do you plan on paying for college? It’s not as simple as paying for a phone bill. According to the Bureau of Labor Statistics, 69% of high school graduates were faced with this question for the last two years of school in 2018.While there are multiple ways to pay for college, some students choose to pay for it by using loans. Student loans are borrowed funds that come from an outside source that is used to help pay for education after high school. The college admissions process should be introduced early on in high school, so that this way students and their families can be well prepared for their future. There are multiple programs that students can apply for to gain loans. There are regular student loans, private loans which are given by private organizations such as banks or
credit unions are more expensive, and FAFSA (Free Application for Federal Student Aid), which is a federal government-based application, that determines if students can receive financial aid. As explained in Your Guide to Understanding Every Type of Student Loan Available Today by Andrew Pentis, the regular loan programs include Direct Subsidized Federal Loans, which is when the Department of Education will cover the interest that accumulates on your loans while you’re enrolled at least half-time in school, and Direct Unsubsidized Federal Loans, in which interest is gained while you are enrolled,
during a grace period, or while in a suspension. A Direct Plus Loan is which the loan can be taken out by parents for the child, or by graduate and professional degree students. A Parent Plus Loan supports biological, adoptive, and stepparents regarding their dependent undergraduates; however, the government doesn’t offer a way for parents to transfer a parent plus loan to their children as the loan focuses on the parents paying for their child; however, some private lenders allow you to refinance a parent plus loan in a child’s name. Regarding Direct Consolidation Loans, these types of loans allow the ability
to pool multiple loans into a single loan with one loan servicer. This means that you can make a single monthly payment as well and payment would be lower than your past loans as the repayment period can be extended up to 20 years. Some private lenders will say to think about taking out federal loans before weighing their products due to protection, while others would work with your financial situation regarding your student loan options. There are loan details that can be more situated to fit your needs and can be changed regarding: variable/fixed interest rates, a credit history that can lower your rate, and repayment options that can be managed in order to lessen the burden on yourself or family. One of the benefits of in-school student loans in the private marketplace is that there are many to choose from. For starters, Sallie Mae offers different loans that help pay for education, which
also includes private kindergartens. Refinanced loans also exist for graduates, in which you can save on your debt, as well as having a good credit score and good income can help with getting lower interest rates. Graduates also could apply for loan forgiveness, which allows the debt to either be lessened and was introduced in order to reduce the burden on high graduates and encourage them to get public service careers, which are jobs that are centered on services or commodities for a community. However, there are qualifications that must be met for the public service loan program which include working full time for a government agency, have Direct Loans, repay those loans on an income base payment plan, and have 120 qualifying payments. Furthermore, there are multiple programs for other careers, such as teachers, doctors, lawyers, and milcontinued on page 10
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October 2019
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9
Workers’ Matters
Pressure, Pain, and Productivity at Amazon
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New York: The New York Committee for Occupational Safety and Health (NYCOSH) released a report, “Time Off Task: Pressure, Pain, and Productivity at Amazon,” that highlighted the company’s unhealthy workplace practices. The report was timed to be released on the anniversary of the Staten Island facility’s opening. NYCOSH found: n80% of workers were pressured to work harder or faster at their facility n66% expressed experiencing physical pain while performing work duties n42% continued to experience pain even when they weren’t at work According to the report: NYCOSH […] found that workers experience harmful working conditions and a workplace culture that prioritizes line speeds over human safety. Several workers expressed being evaluated and
In September, a 48-year-old Amazon worker named Billy Foister (pictured here) suffered a heart attack in a warehouse outside Columbus, Ohio. Photo: Facebook docked points for the amount of “time off task” spend in a day. “Time off tasks” refers to any break that a worker takes, excluding their legally required 30-minute lunch break. If a worker has too much time off task, they may be disciplined and are ultimately subject to termination for poor performance. NYCOSH Executive Director
and report coauthor Charlene Obernauer stated, “This report shows that Amazon, which has been criticized for its company culture in other cities, is running its Staten Island facility without regard for workers’ need to be treated as people, not robots. You can’t expect workers to work safely when they are going to be docked points if they take a
break for a sip of water.” “‘Pressure, Pain, and Productivity at Amazon‘ is an eyeopening report documenting the pain suffered by the Amazon fulfillment center workers who are forced to work at dangerous speeds to ensure the packages Americans order arrive quickly” said Dr. David Michaels, former head of the US Occupational Safety and Health Administration and currently George Washington University School of Public Health Professor. Debbie Berkowitz, Worker Health and Safety Program Director at National Employment Law Project stated, “The NYCOSH report is clear indication that workers are getting hurt at very high rates at the Staten Island warehouse. It is stunning that Amazon is not doing more to protect workers. The company has an obligation to provide safe conditions and make sure their workers are not sacrificing their health for company profits.”
“There is no reason — none — that a company like Amazon can’t do more to prevent the pain and suffering experienced by workers in its warehouses,” said Jessica Martinez, co-executive director of the National Council for Occupational Safety and Health (National COSH). “The injuries documented by NYCOSH researchers can be prevented through a worker-centered ergonomics program, better staffing, and other measures that are well within reach for a company with billions in annual profits.” “Amazon has pioneered world-class logistics and can move products around the country and around the globe in a matter of hours,” said Martinez. “Jeff Bezos and other company executives owe us some answers. If the company is truly committed to ‘operation excellence, why can’t they find a way to reduce injuries and fatalities?” p
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October 2019
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Unions In Action TWU President continued from page 1 during contract negotiations." Utano is calling on Foye to step aside and recuse himself from contract negotiations, saying that his actions suggest he has become unhinged and is incapable of reaching a fair agreement for transit workers. Here is Utano’s response: MTA Chairman Pat Foye is a bigot and a liar. After portraying transit workers as time and overtime cheats, and posting cops in the workplace like jail guards, multi-millionaire Foye has used ugly anti-Italian stereotypes— and more lies — to accuse Local 100 President Tony Utano of fraud. This latest attack came in an email that Foye sent to Utano over the Columbus Day weekend and was later leaked to the press. It was a despicable attempt to weaken the union and dirty the reputations of the Local 100 president, the union and our membership during contract negotiations. Utano is calling
I'm the proud son of Italian immigrants. I want to make it crystal clear to you that we will never agree to any proposal that undermines the health benefits transit workers are entitled to... on Foye to step aside and recuse himself from contract negotiations. His actions suggest he has become unhinged and is incapable of reaching a fair agreement for transit workers. TWU Local is now releasing Utano's email response to Foye: Chairman Foye, Have you completely lost your mind? I've been involved in contract negotiations with the MTA as a union officer for more than 30 years, and I've never— ever —seen anything like the email you sent me over the weekend. It's so packed with lies, so slanderous, so devoid of reality and so bizarre that it appears you have become unhinged and are cracking under pressure. I question your ability to negotiate a fair contract for transit workers. It's clearly no coincidence
diminishing the health benefits of transit workers. The concept is based on raw numbers and has nothing to do with race or immigration. The means test, as you well know, covers 100 percent of the hourly employees, based on 40 hours. The few who earn above that amount by grueling hours of overtime are automatically covered by the current plan. There is nothing racist, or corrupt or anti-immigrant about it. It is math.You are simply lying when you describe the company as "highly compensated, out of town Local 100 consultants." And describing this routine informational presentation as "The Utano Specialty Drug Scam," is outrageous, despicable and bizarre. We remain committed to negotiating with management a fair contract for our members. You, however, should remove yourself from the situation and send someone else to the negotiating table. You do not seem up to the task. By the way, you can send this letter to the Inspector General too.p
We are looking for persons to sell advertisements in our newspapers. Experience in advertsing sales is needed and preferably experience or sincere interest in marketing.
Student Loans continued from page 8 itary personal all for loan forgiveness. Student loans serve to enable families that may not have the funds now, to send their children to college. This is especially apparent with minority families that may not be able to afford to go to college. Programs such as FAFSA help with expenses as they grant money awards which depend on the financial status of the child’s parents. Sometimes these families may get a lot of money in the award letter that would be sent to them, and other times they may not. However, student loans may benefit these families, as long as they don’t go over the limit. Some people have the luxury of not having to pay for college until later. I, Adia Mashariki, am one of these students. My high school is one of the very few schools that offer a free two-year associate degree program at New York City College of Technology. However, once my program is complete, I will have to begin the FAFSA process in order to receive money to help pay for my education. In other cases, some people choose to do the regular four years of college and are required to do the FAFSA application before entering college. I, Khoury Douglas, am one of these students, and I was required to complete the application in order to know how much money I would be receiving to help pay for my college of choice, New York City College of Technology. Not all FAFSA applications work out for some students. I, Justin Small, am one of these students who filled out the FAFSA application for the college of my choice, which is Baruch College because I was eligible for an award package in order to pay for college. Overall, implementing the college admissions process to apply for student loans earlier in high schools allows students and parents to be aware of what to expect soon, regarding paying for school. With there being multiple programs and applications to choose from, anyone can find what they are looking for to suit their needs.p
Interested? Send your resume to info@myiqinc.com
Khoury Douglas, Adia Mashariki, Justin Small were interns from the Summer Youth Employment Program 2019.
that you accuse me of somehow being involved in a corrupt "scam" in an email sent on Columbus Day weekend, and that you end your screed with the line, "Have a peaceful Columbus Day." I'm the proud son of Italian immigrants. I'm all too familiar with ugly, antiItalian stereotypes. You should be ashamed of yourself for going down that road. I want to make it crystal clear to you that we will never agree to any proposal that undermines the health benefits transit workers are entitled to, and no amount of lies and distortions you come up with will change that. As you well know, PayerMatrix came to MTA headquarters at your invitation to make an informational presentation. At the meeting you convened, the company explained how it could achieve significant prescription drug savings without
Looking to make extra cash?
October 2019
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Nursing Home Abuse & Neglect
Sexual Abuse in Nursing Homes BY MARY CAMPBELL
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n February 2017, CNN released an investigative report by Blake Ellis and Melanie Hicken entitled, “Sick, Dying and Raped in America’s Nursing Homes.” The report started with this chilling sentence: "You prepare for a phone call your mother has passed. You don't prepare for a phone call that your mother has been RAPED." Obviously these victims are elderly persons in the latter stages of their lives. Some of them use wheelchairs and walkers and are robbed of their memories by diseases of dementia and Alzheimer. They are brought to these facilities by their loved ones under the trust and hope of their familiy members being comfortable and taken care of. Instead, the opposite happens; the unthinakble, they are raped and exually assaulted by the very persons paid to take care of them. According to the CNN report, it's impossible to know just how many victims are out
there. But through an exclusive analysis of state and federal data and interviews with experts, regulators and the families of victims, CNN has found that this little-discussed issue is more widespread than anyone would imagine. Even more disturbing: In many cases, nursing homes and the government officials who oversee them, are doing little — or nothing — to stop it. Sometimes pure — and even willful — negligence is at work. In other instances, nursing home employees and administrators are hamstrung in their efforts to protect victims who can't remember exactly what happened to them or even identify their perpetrators. In cases reviewed by CNN, victims and their families were failed at every stage. Nursing homes were slow to investigate and report allegations because of a reluctance to believe the accusations — or a desire to hide them. Police viewed the claims as unlikely at the
Participant in the Minneapolis Slut Walk on Oct. 1, 2011, in Minneapolis. The Slut Walk is a worldwide movement to protest the further victimization of sexual abuse victims. Photo: shutterstock.com
outset, dismissing potential victims because of failing memories or jumbled allegations. And because of the high bar set for substantiating abuse, state regulators failed to flag patterns of repeated allegations against a single caregiver. It's these systemic failures that make it especially hard for victims to get justice — and even easier for perpetrators to
get away with their crimes. Response Responding to the CNN report, Consumer Voice issued a statement on sexual abuse in nursing homes and issued a joint statement with the National Center on Elder Abuse and the National Organization for Victim Assistance. They also provided the following informaiton:
What Is Sexual Abuse? Sexual abuse is non-consensual sexual contact by one person upon another. It may happen as the result of deceiving, manipulating, or forcing the resident into sexual contact. Sexual abuse is a form of elder abuse that frequently goes underreported, underinvestigated, and unnoticed. In 2016, Ombudsman programs investigated 819 complaints regarding sexual abuse. Sexual abuse can take on many forms and includes: •Unwanted intimate touching of any kind, especially to breasts or genital area; •Rape, oral or anal sex; •Forced nudity; •Forced observation of masturbation and/or pornography; and •Taking sexually explicit photographs or audio/video recordings of a resident and distributing them online or inperson. This includes pictures or recordings of residents that are not fully clothed while they are being cared for (bathing, continued on page 12
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October 2019
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Nursing Home Abuse & Neglect
Choosing a Nursing Home
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nursing home, also known as a skilled nursing facility, provides a wide range of health and personal care services. These services typically include nursing care, 24-hour supervision, three meals a day, and assistance with everyday activities. Rehabilitation services, such as physical, occupational, and speech therapy, are also available. Some people stay at a nursing home for a short time after being in the hospital. After they recover, they go home. However, most nursing home residents live there permanently because they have ongoing physical or mental conditions that require constant care and supervision. If you need to go to a nursing home after a hospital stay, the hospital staff can help you find one that will provide the kind of care that's best for you. If you are looking for a nursing home, ask your doctor's office for recommendations. Once you know what choices you have, it's a good idea to:
physical therapy, a religious connection, hospice care, or special care units for dementia patients? Do you want a place close to family and friends so they can easily visit?
Consider. What is important to you—nursing care, meals,
Visit. Make plans to meet with the director and the nursing di-
Ask. Talk with friends, relatives, social workers, and religious groups to find out what places they suggest. Check with healthcare providers about which nursing homes they feel provide good care. Call. Get in touch with each place on your list. Ask questions about how many people live there and what it costs. Find out about waiting lists.
rector. For example, look for: •Medicare and Medicaid certification •Handicap access •Residents who look well cared for •Warm interaction between staff and residents Talk. Don't be afraid to ask questions. For example, ask the staff to explain any strong odors. Bad smells might indicate a problem; good ones might hide a problem. You might want to find out how long the director and heads of nursing, food, and social services departments have worked at the nursing home. If key members of the staff change often, that could mean there's something wrong. Visit again. Make a second visit without calling ahead. Try another day of the week or time of day so you will meet other staff members and see different activities. Stop by at mealtime. Is the dining room attractive and clean? Does the food look tempting? Understand. Once you select a nursing home, carefully read the contract. Question the director or assistant director about anything you don't understand. Ask a good friend or family member to read over the contract before you sign it. The Centers for Medicare and Medicaid Services requires each State to inspect any nursing home that gets money from the government. Homes that don't pass inspection are not certified. Ask to see the current inspection report and certification of any nursing home you are considering. For more information about nursing homes and tips for choosing, visit the Medicare website. p
Get the seniors involved!
Source: www.nia.nih.gov
Sexual Abuse continued from page 11 dressing, etc.). Women and residents with dementia are more likely to be victims of sexual abuse. Women comprise nearly twothirds (65.6%) of the nursing home population. Residents with dementia are particularly susceptible to sexual abuse because of their impaired memory and communication skills. While women and residents with dementia are more likely to become victims of sexual abuse, all residents are vulnerable to abuse. The abuser can be anyone who has contact with the resident. Residents may know their abuser, such as a family member, friend, or staff person, or they could be complete strangers. Abusers could include permanent and temporary staff, visitors to the facility, and even other residents. Some residents may have dementia or another mental health issue that impacts their choices and behavior and result in resident-to-resident sexual aggression (RRSA). Dementia-driven RRSA is the most common form of sexual abuse in nursing homes. It is important to note that residents have the right to engage in consensual sexual activity, but this is dependent on both residents having the capacity to consent. A resident’s ability to consent to sexual activity needs to be carefully and adequately assessed through proper legal and ethical processes, as some residents with dementia or other cognitive disorders may not be able to consent. Facilities must ensure both resident safety and residents’ right to consensual sexual expression. What are signs of sexual abuse? If a nursing home resident is being sexually abused, there may be physical and psychosocial signs of this abuse. Signs of Sexual Abuse Signs of sexual abuse may include: •Bruises around inner thighs, the genital area, or breasts •Unexplained genital infections or sexually transmitted diseases •Unexplained vaginal or anal bleeding, pain, or irritation •New difficulty sitting or walking •Torn, stained, or bloodied underclothing Other Signs Sometimes, there may be no clear physical signs of abuse.
However, there may be other signs that something is wrong, such as: •Extreme agitation •Withdrawal from social interactions •Panic attacks or emerging post-traumatic stress disorder (PTSD) symptoms • Suicide attempts •Sudden or unexplained changes in behavior including fear or avoidance of a person or place, fear of being left alone or the dark, and increased nightmares, and/or disturbed sleep. Residents may exhibit unusual behavior with their abuser, including tense relationships and frequent arguments. They may also exhibit anxiety or excessive fear around their abuser and engage in more aggressive behaviors. If a resident says they have been sexually assaulted or raped. Believe them! Residents have the right to be free from abuse Under federal law, nursing home residents have the right to be free from abuse, including sexual abuse. Nursing facilities must: •Have written policies and procedures to prohibit, prevent, and investigate abuse; •Train staff on what constitutes abuse and the procedures for reporting incidents or allegations; and • Not hire anyone who has been found guilty of abuse by a court, has had a finding entered into the state nurse aide registry for abuse, or has had a disciplinary action against them for abuse. Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-768-8845 for a FREE consultation.p
October 2019
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Nursing Home Abuse & Neglect
Important Information about Bed Sore Injury Cases BY TIFFANY DAVIS
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ong-term residents of nursing homes often fall prey to various complications related to a sedentary lifestyle. Their personal health status will often be the defining factor when activity and movement are considered by medical staff. Some of these living situations, however, are less than adequate. Neglect, unfortunately, is a common occurrence and can result in the development of bed sores, among other health issues. A loved one in nursing home care should be monitored regularly by family and friends to assess the standard of care. If a bed sore should appear and worsen while in the facility, there are some options to consider before seeking legal recourse. Bed Sore Facts Bed sores appear on the skin and can reach all the way to the bone in severe cases. These sores are caused by the sedentary lifestyle of elderly and ill patients. Pressure from one's own weight, while remaining in one bodily position long term, causes the decrease in blood flow and oxygen to the area. The tissue eventually becomes infected and dies. This open wound can lead to serious secondary infections and even death. The best treatment is prevention with proper care and movement of the patient. They can be very difficult to control and cure once the descent of health is underway. First Appearance of the Sore and Documentation It is necessary to have proper evidence of the nursing home's role in the bed sore issue. Check the person in care at
every visit, so you can be sure of the exact date of the bed sore's appearance. If the patient will be sent from hospital care directly to a nursing home, have the hospital staff check and document the condition of the skin prior to discharge. This will help to show evidence of prior bed sore absence or condition. You will also be able to tell if the affected area improves or worsens while in residence at the nursing home in question. Evidence of the negative progression of the bed sore is a necessity when defending your loved one in legal encounter. Your lawyer will ask for any documentation you have collected in relation to the case you are proposing. Preparation for this will involve your dedication to retrieval of medical records, dated pictures of the sore, and securing of witnesses. Be sure to meet with the doctor on appointment days. Ask for written documentation of the bed sore progression. You can also form your own written notes when you go for visits. These notes should accompany pictures taken on a digital device where a time stamp is included. Be sure to also include the treatment plan from the nursing home staff and docu-
mentation of daily medications and applications. This treatment plan should include regular removal of the patient's weight from the offending area. If you visit and repeatedly find the patient in the same position, they are at risk for increased amount of bed sores, as well as the deterioration of present ones. Are Bedsores Cause for a Lawsuit? The answer to this may vary from case to case. This is why proper documentation of the issue is so important. Cases where bed sore lawsuits may be advisable are those where the condition first appears in the new residential location, and where a worsening of a present condition is observed. Secondary infections, further health complications and fatalities are also circumstances that may warrant legal action. If the nursing home staff can gather enough evidence to prove they are properly treating the symptoms and show improvement in the status of the sore, you may need to hold off on pressing for legal compensation. Bedsore Settlement Amounts Settlements that are approved in bed sore cases will vary in the final amounts offered.
These variances will be due to the different stages of health concerns related to the bed sore. If the bed sore is fairly new, and has worsened minimally, your compensation will be on the lower side. Bed sores that lead to secondary infection and surgical procedures will obtain a much higher amount. Compensation can reach in to the millions when severe health problems come about. You can expect most cases to remain at 1 million or under, usually in the hundreds of thousands. Abuse and neglect are often determined to be the cause of these cases, leading to employee removal and facility reorganization, as well. These costs are considered to be related to health expenses, emotional trauma, and sometimes funeral necessities. Who Pays for Bed Sore Treatment in Nursing Homes? Medical procedures are usually covered by the patient's insurance once they are residing in a nursing home. Many elderly rely on state funded insurance plans. These plans can have strict policies on coverage or denial of specific ailments. In the case of bed sores, treatment cost may be expected to be covered by the institution that failed to properly prevent the development of the sores.
Since bed sores usually happen when patients are bedridden, it is up to facility staff to follow proper prevention procedures. If a patient wins a legal case against a nursing home, care costs will then fall to the nursing home or be included in the settlement price. Out of pocket expenses are not usually incurred by sores that come into being in a certified and licensed care facility. Compensation Legal action is best pursued under the supervision of a legal firm knowledgeable with similar cases. Take the time to meet with a legal representative claiming past experience with nursing home and bed sore cases. A decent amount of medical knowledge is necessary to ensure excellent representation. There is hope for the possibility of compensation in relation to bed sore symptoms and obstacles. How do you find our if you have a legal case or can be compensated? Call the Law Office of Figeroux & Associates for a FREE consultation at 855-758-8845. Remember, the lawyer you hire, does make a difference! Get the right information, to make the right decision for yourself and your family.p
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October 2019
14
Nursing Home Abuse & Neglect
Nursing Home Neglect and Abuse Are Very Real BY MARY CAMPBELL
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he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes. So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed. What Is Nursing Home Abuse and Neglect? While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two. Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient. An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported.
What Are the Warning Signs? The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring. These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases Financial Exploitation •lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors
speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers A Worker’s Experience Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not
attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000. I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life. In the News According to an article on www.abc7ny.com on September 26, by Toni Yates, an 86year-old woman was assaulted at a nursing home as reported by her son. The patient's son, Benny Gomez, says his mom was assaulted and posted a picture of his bruised and injured mother on social media, which has been shared nearly 9,000 times. “What does she mean to me? Everything," Gomez said. He
added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches." Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield. State officials and police are trying to figure out how an 86year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility. Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years. This can be done at www.medicare.gov/nursinghomecompare/search.html Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-768-8845 for a FREE consultation.p
October 2019
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Family: The True Modern Relationship
What Are the Effects of Bullying? Is It Really that Bad? BY OPERATION SURVIVAL
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ullying is devastating for those who experience it, and it is extremely unpleasant for those who witness it as well. Bullying doesn’t just impact the lives of victims and the bullies themselves, but it also affects those who see it happen in the school or the community. Imagine if every day when you went to work there was a strong possibility that one of your colleagues was going to be brutally teased, socially excluded, or embarrassed. It wouldn’t be an easy place to function. How can we expect children to learn if our school environments are rife with the feeling that at any moment somebody could be a victim in a similar situation? Bullying has become a serious and widespread problem. It has become so much worse with the increased accessibility of information and communi-
cation methods. In the past, bullying was a school-day phenomenon. No matter how bad they were treated in school, at the end of the day, at least the victim went home to a place of safety. The school-day was over so the torment was finished. But now, the torment follows victims on their phones and other devices. It shows up in WhatsApp groups and social media messages. This has led victims to feel as if there is no escape, and in some heartbreaking instances, it has led to the suicide of young people who, instead of feeling loved and valued in the world, are experiencing a life
of torment. The impact on victims is devastating, both in the moment and years later. Research suggests that victims carry the scars of this abuse well into their adulthood. It is so important that we address bullying in our schools and communities. We must raise a generation of upstanding bystanders. We need a generation that knows that when they see bullying—not as the bully or the victim, but as a witness— they have the power to make a difference and possibly save someone’s life. Bullying is not a problem that will go away or improve by ignoring it. Bullying will only be
reduced or eliminated when parents and educators take action to prevent bullying and help children understand the need to treat their peers kindly. Children must be taught that their actions matter and that they can make a difference. p
Article is based on interview with Dr. Rona Novick for Operation Survival’s Prevention101 series Dr Novick is the Dean of the Azrieli Graduate School of Jewish Education and Administration at Yeshiva University and holds the Raine and Stanley Silverstein Chair in Professional Ethics and Values. Reprinted with kind permission.
Are you looking to get into the health & wellness business?
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October 2019
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Community Focus Dying in Queens/ continued from page 1 decreased across the city over the past decade, a troubling trend has emerged: The proportion of people dying from gunshots has been rising in some pockets. Data obtained from the New York Police Department and analyzed by The Trace/Measure of America/THE CITY shows this problem has been most severe in Queens. We mapped the 12,000-plus shootings recorded by the NYPD between 2010 and October 2018, and our analysis found that the further away someone was from a Level I or II trauma center when they were shot, the more likely they were to die. Nowhere fared worse than neighborhoods in southern Queens, particularly those below Hillside Avenue, where more residents live further than three miles from a trauma center than anywhere else in the city. There used to be more trauma coverage in the borough. But in February 2009, two hospitals closed, and one of them contained a Level I trauma center. In the following two years, the gunshot fatality rate in Queens jumped from under 16% to more than 23%. That put the borough’s gunshot fatality rate 30% higher than in the rest of the city. Since then, every year except for 2016, the death rate from
Beatrice Brown breaks down during the trauma circle talk about the loss of children and significant others to gun violence at LIFE Camp, Inc. in Jamaica, NY. Photo: Demetrius Freeman/The Trace
gunshots in Queens has been higher than in the city as a whole. “How well your trauma system works, and how good your care is across the country is a big mosaic, and where you are will determine your outcomes,” said Dr. Robert Winchell, the former chair of the trauma systems committee for the American College of Surgeons. Today, most areas of New York City have access to multiple trauma centers while southern Queens has only one: Jamaica Hospital Medical Center. But financial documents, audits and state reports indicate the facility is ailing. The hospital was in the red 12 of the 13 years between 2005 and 2017. It finished that year with a deficit of more than $66 million, according to IRS filings and an independent audit.
“I’m not sure how you keep the doors open with that,” said Winchell, who is also chief of New York-Presbyterian/Weill Cornell Medical Center’s trauma division. ‘How Do We Start All Over?’ Early one Sunday morning in July, Carolyn Dixon, whose son, Darrell Lynch, died after he was shot in the leg in South Jamaica, Queens, in 2014, guided a conversation between four women. Each has lost a loved one to gun violence in the borough. At the nondescript LIFE Camp office in Jamaica that specializes in gun violence prevention, the women discuss their social isolation, missed rent and utility payments, and the various challenges gun violence brings. Sheena’s son was shot in her apartment. Angie’s husband
was killed in front of a school. Beatrice’s voice wavered as she explained her inability to pass by the street where her son was fatally shot. Dixon empathized: She still can’t take the bus or train without feeling claustrophobic, or hear fireworks pop without being transported to the moment of her son’s shooting. “I was having nightmares of Darrell being murdered,” Dixon, now 61, said. “I was trying to figure out in my dreams what I might have done differently in order to protect him, which was nothing.” On May 5, 2014, the mother and her 24-year-old son were driving back home in his car from their weekly lunch when they got a call that Dixon’s niece had been in a fender bender. She needed her aunt’s help to defuse the situation. When Dixon arrived at 113th Avenue, she jumped in to keep the peace. The argument between the two groups had begun to cool down when 37year-old Warren Green approached with his gun drawn. According to court documents, Green knew those on the other end of the accident. He opened fire, hitting Lynch once in the leg. Dixon screamed from her son’s Ford Explorer. Green then turned the gun on her and began shooting in her direction, shattering the rear driver’s side window. Lynch grabbed for a gun he had tucked in his waistband, but fell and dropped it. Dixon scrambled to pick up the weapon — and shot at Green until he fled. The mother and son attempted to drive to Jamaica Hospital. But Lynch was losing blood. He passed out behind the wheel, crashing into two other parked cars only feet away from where he was shot. Dixon’s son was shot more than a two-mile drive from the nearest trauma center, which delayed the arrival of Emergency Medical Services (EMS) to the hospital. Paramedic response time is another piece of the trauma system puzzle. Our analysis of EMS dispatch data found that Queens has the longest average time between when a shooting was logged by EMS and when the victim made it to the hospital. Nearly half an hour passed between when the ambulance was dispatched and Lynch arrived at Jamaica Hospital, according to EMS records and
court documents. He was pronounced dead 10 minutes after arriving at the hospital. Green was eventually picked up in Atlanta for murder, and later pled guilty to manslaughter. But this does little to ease Dixon’s loss. “Where do I go, and my family go, after this? How do we start all over? You’re not told how to live through the death of a child,” she said. One Trauma Center, Eight Beds Within three miles of where Lynch was shot, there is only one trauma center. It has eight intensive-care beds available to treat patients with severe or life-threatening injuries. In other areas of the city, there are up to 169 of these beds in trauma centers within three miles. Some areas of Brooklyn also fall three miles outside of trauma center coverage. These neighborhoods, however, are equidistant from multiple trauma centers and hospitals, and see far fewer shootings than southern Queens does. Most hospitals have an emergency room, but few have trauma centers that include specialized facilities, staff, and equipment and provide 24hour access to critical care specialists to treat the most serious injuries. For severe cases, treatment at a trauma center instead of a conventional hospital greatly improves a patient’s odds of living. One study presented at the American College of Surgeons Clinical Congress last year linked poor access to trauma centers with higher rates of death in more than half of the states in the U.S. When it comes to gunshots in New York City, our spatial analysis found that the fatality rate for incidents that occurred more than three miles away from a trauma center was 27% higher than that for shootings that occurred within a onemile drive. The relationship between access to trauma care and the likelihood of surviving gun violence has received national attention in the past decade. Dr. Marie Crandall is a University of Florida surgery professor who has conducted some of the leading research that has linked larger distances from trauma centers with increasing gunshot fatality. She is one of more than a dozen researchers who reviewed our analysis. Crandall said that continued on page 17
October 2019
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Community Focus Dying in Queens/ continued from page 16 while it does not show definitive causation, “The linear correlation between distance from a trauma center and case fatality rates is obvious.” Cities across the country have exhibited similar trends. Crandall identified “trauma deserts” on Chicago’s Southside in 2013 and found they were leading to more gunshotrelated deaths. In 2016, Crandall also found that the closure of an urban medical center in South Los Angeles corresponded with an increase in the rate of death from gunshots. Criminologist Giovanni Circo found a similar relationship in sections of Detroit. In the past two decades, trauma center closures across the U.S. have disproportionately affected low-income and minority communities, according to studies published in 2011 and 2017. Dr. Elizabeth Tung, a physician at the University of Chicago, reviewed trauma coverage in Los Angeles, Chicago, and New York City. Her paper, which published this March in the Journal of the American Medical Association, concluded that black people are more likely to live in a trauma desert than their white peers, and that much of southern Queens has low access to
trauma centers. “We know trauma centers save lives,” Crandall said, “and they should be dispersed on a population and need basis.” But so long as hospitals are driven by profit, she doesn’t believe this is going to happen. “In many cases, the business of medicine has taken precedence over the mission of patient care,” she said. ‘Our Lives Matter’ A decade ago, after St. John’s Queens Hospital in Elmhurst and Mary Immaculate Hospital in Jamaica, shuttered, the city comptroller’s office issued an alert warning of a “crisis in the hospital and health care system in much of Queens.” The report recommended that the State Department of Health assess the city’s existing system and establish a long-term plan to integrate disparate health care systems. Today, the 2.3 million residents of Queens still have the least access to trauma care in the city. In a response to the mayor’s 2020 preliminary budget, the borough president and borough board said access to health care was one of Queens’ greatest challenges. Highlighting the four hospitals that had closed in the borough since 2008, they wrote that “Queens was already under-bedded and underserved, but these closures have further strained an already overburdened system.” The New York State Department of Health, which oversees the statewide trauma system, said in an email that the department is carefully reviewing
Angela McLaughlin-Burt takes a moment to relax before a discussion about gun violence at LIFE Camp, Inc. in Jamaica. Photo: Demetrius Freeman/The Trace
our analysis and findings. The department says that it is currently assessing areas of the state that may benefit from more trauma care, and expects the project to be completed by the end of 2020 or early 2021. For the past year, Penny Wrencher, a resident of Far Rockaway whose son died from gun violence in Jamaica, has been circulating a petition to bring more trauma care to her area. Every neighborhood on the Rockaway Peninsula is more than a three-mile drive from a trauma center. “We would like to bring your immediate attention to our need for more medical resources and treatment facilities that support trauma victims,” the petition reads. “Our lives matter.” On Closure ‘Watch List’ Even while treating a high volume of the area’s shootings, Jamaica Hospital is facing its own struggles. According to Winchell, hospitals that frequently treat shooting victims, and are located in communities where patients struggle to cover medical bills,
often run in the red. The Greater New York Hospital Association included Jamaica Hospital on a “watch list” of facilities that might close. In its testimony to the state Senate this February, the organization wrote that these hospitals had less than 15 days of cash on hand and relied upon state assistance “just to keep the lights on and to meet payroll.” The State Department of Health said that it has provided more than $250 million to Jamaica Hospital since 2017, to keep the facility going as it “develops and implements a plan to improve its financial sustainability.” In an effort to revitalize Brooklyn’s hospital health care system, three of the Brooklyn hospitals on this list received $664 million to improve their services from Gov. Andrew Cuomo last year. The governor has not announced similar plans in Queens. Jamaica Hospital, meanwhile, has logged low ratings for quality of care. The average time it took for the emergency room to treat and send home a patient was 4 hours and 47 minutes in the year ending October 2018 — the second longest statewide. The federal government agency overseeing hospitals has handed Jamaica at least 48 violations since 2012. The hospital’s trauma center, however, passed a rigorous process to become a verified Level I center in 2016, and was re-verified earlier this year.
Former Jamaica Hospital staff said the financial constraints translated into antiquated equipment and infrastructure. “It’s an awesome place for training because you have to work with what you have, but it’s not the greatest health care,” said Dr. Sebastian Schubl, who directed the hospital’s trauma center between 2011 and 2016. Representatives from Jamaica Hospital declined multiple interview requests and did not respond to repeated requests for comment on our findings. Struggling to Move Ahead After her son’s death, Dixon had reoccurring dreams of him sitting on a sidewalk curb, looking up at her for help. The shooting occupied her mind, disrupting everyday tasks. Because she had shot at her son’s killer, Dixon was ineligible for federal and state victim compensation programs, which are already difficult for many to access. She lost her focus and her job, and eventually became homeless. “Once you experience the death of a child, you’re never that same person,” she said. “I have to be willing to accept the new me.” She now runs Where Do We Go From Here, an organization to help those living in the aftermath of day-to-day gun violence. But she can’t start her own trauma center, or keep a struggling one afloat. Jamaica Hospital’s uncertain fate sparks outrage and disbelief among Dixon and each of the women she met with in July. When asked about Jamaica Hospital’s potential closure, Dixon thought about politicians in New York, and responded: “It tells me you don’t care about the black and brown community.”p
This story was originally published on [October 17, 2019] by THE CITY.”
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18
From Worker to Business Owner
Immigrants and Their Children Founded Almost Half of All U.S. Fortune 500 Cos. BY WALTER EWING
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the highest levels of corporate America to virtually every level of the labor force, immigration creates new jobs in the U.S. economy. The businesses founded by immigrant entrepreneurs directly employ all types of workers. Immigrant workers also support the jobs of other workers through the wages they spend and the work they perform. This is especially true in the case of high-skilled immigrants who earn relatively high incomes and often devise innovative technologies. This dynamic helps bolster the economy so that everyone— immigrant and native-born— mutually benefits. Starting with the corporate perspective, a study from New American Economy reveals that nearly 45 percent of all Fortune 500 companies in the nation had at least one founder who was an immigrant or the child of an immigrant; 101
companies on the coveted list were founded by immigrants and an additional 122 were founded by the children of immigrants. In Fiscal Year 2018, these “New American” Fortune 500 companies brought in a combined $6.1 trillion in revenue—greater than the GDP of Japan. In total, these 223 “New American” companies: •Include powerhouses such as Broadcom, Levi Strauss, Marathon Oil, Hess, and Intuit.
•Employ 13.5 million workers worldwide—almost 11 percent more than the Fortune 500 companies that were not founded by immigrants or their children. •Are concentrated in New York, California, Illinois, Texas, Virginia, Florida, and New Jersey. •Would be considered the third largest economy in the world, based on their combined GDP. In New York alone, New American Fortune 500 companies brought in revenue that equaled 56 percent of the state’s GDP and employed two million people worldwide. However, the economic role of immigration is not limited to the nation’s top companies. All told, nearly 3.2 million immigrants in the United States run their own businesses, encompassing neighborhood stores, restaurants, professional services companies, and many other types of enterprises. These businesses often become important staples for all residents in their respective communities. As the New American Economy points out, immigration fuels not just the entrepreneurial class in this country, but the high-skilled workforce. In 2017, more than 60 percent of adult immigrants admitted to the United States had a bachelor’s degree or more education. That compares to just 15.7 percent in 1980. This suggests that, from engineers to medical doctors,
new immigrants are allowing the high-skilled labor supply to keep pace with high-skilled labor demand. This is particularly true in the case of STEM fields (science, technology, engineering, and math), where—as of 2016— there were 13 online job openings for every single unemployed STEM worker. Among today’s new immigrants, nearly 28,000 have computer science degrees, while almost 18,000 have degrees in a health-related or medical field. Another 45,000 have business degrees. These numbers are remarkable considering that two-thirds of all legal immigrants to the United States come through family channels. This demonstrates that our predominantly family-based immigration system is already playing an enormous role in bringing highly skilled immigrants to this country. This is particularly important in the case of doctors, nurses, and engineers—all of whom are in relatively short supply in the U.S. labor force. From the boardroom to the examining room, immigration powers the U.S. economy at many different levels.p
No. 23
When Can a Landlord Be Arrested? BY JAMELIAH FRANCIS
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hile owning your own home can be a welcoming delight, most persons cannot afford such luxury. Nonetheless, one can still obtain some level of independence and fulfillment in getting their own home through apartment rentals. According to a report from the real estate website Rentcafe, “The number of renters in New York City grew more than 5.4 million in 2016 as the city lost roughly 100,000 homeowners over the last decade, U.S. Census data shows. Renters now make up nearly two thirds — 65.1 percent — of the city's population, up from 60.6 percent in 2006.” Whether you own your home, or you rent an apartment, your hope is to have privacy and a sense of peace and quietness. New York City affords tenants many rights with regards to the
a vindictive landlord who tries at all cost to cause the tenant distress. Here are some unlawful landlord-tenant disputes that could possibly lead to an arrest on the part of the landlord: quality and safety of their housing. As such, tenants should expect to live in well-maintained, safe buildings that are free from any discomforts such as leaks, vermin, and hazardous conditions. New York Laws also protect tenants from discrimination and harassment. In addition to the rights of tenants, they also have legal obligations to the landlords as well. These include, but is not limited, to not damaging the building, responding to annual owner inquiries related to window guards, lead-based paint, and to maintain smoke and carbon monoxide detectors. Despite these prescribed laws, persons are sometimes in violation of them. For example, a tenant may be holding their end of the bargain, but they have
AG James Urges CFPB to Abandon Proposed Rules that Promote Discrimination in Mortgage Lending
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ew York Attorney General Letitia James submitted two comment letters urging the Consumer Financial Protection Bureau (CFPB) not to adopt two new rules, which would undermine the ability to enforce fair lending laws and prevent discrimination against communities of color in the mortgage lending market. “Fair lending laws are essential to protecting consumers from discriminatory lending practices,” said Attorney General James. “Both of CFPB’s proposed rules would undermine our ability to hold badacting lenders responsible for their actions. My office is committed to keeping provisions in place to ensure that almost a century of racism in mortgage lending is eradicated and that all Americans have access to sustainable homeownership.” The first letter, signed by 13 attorneys general, challenges a May 2019 CFPB proposal limiting the data financial institutions are required to report to the CFPB under the Home Mortgage Disclosure Act (HMDA), a 1975 law that requires mortgage lenders to make certain mortgage data publicly available as a check to ensure compliance with fair lending laws. Some of this data includes information which lenders already collect to comply with other regulations as
well as their own underwriting standards. Now, the CFPB is soliciting comments on which data fields should be eliminated from reporting. By hiding important data points, the CFPB gives a windfall to financial institutions who will be able to resume predatory lending practices, and it will impede the government’s efforts to prevent another financial crisis brought about by predatory lending. The second letter focuses on the state specific impact regarding another May 2019 CFPB proposal to the reporting threshold for mortgage lenders under HMDA. A preliminary review of the 2018 data shows that even with a slight increase to the threshold limit, New York loses essential data pertaining to local lending, or lenders that lend in one city or town. By increasing the HMDA reporting threshold, the CFPB makes it difficult for the public
and public officials to bring disparate impact discrimination claims, a decades-old theory of liability that has been instrumental in ending discrimination. If adopted, the changes in reporting thresholds would exempt large swaths of the mortgage lending industry from the obligation to report HMDA data. With these two proposed rule changes, the CFPB fails to take into consideration the negative impact the relaxed reporting requirements will have on the ability to analyze local lending practices and hold lenders accountable for violations of fair lending laws. James argues that these changes undermine the core functions of the HMDA. She also criticized the CFPB for reversing its prior position that such higher thresholds and the absence of certain data points would impede the public and public officials’ ability to ensure that mortgage lending was being conducted in a non-discriminatory manner in their communities. In addition to these substantive challenges to the CFPB’s proposed rule regarding the increased thresholds, James also maintains that it violates the Administrative Procedure Act since it fails to take into the consideration the cost of the proposed rule on the states. n
Your Landlord Locks You Out A lockout is any conduct by the landlord or the landlord’s agent that, without a court order (usually obtained through an eviction action and carried out by a state marshal), deprives a tenant of a dwelling unit or other rented unit of access to the continued on page 3
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EQUITY SMART REALTY
Selling Your First Home
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f you’re selling your first home, you understand the emotional swings that can come with the experience. You’re likely excited for the next adventure but also feeling sadness for what you’re about to leave behind. The memories you made in your first home will never be forgotten, especially if you have added children to your family during this time period. One thing that will help you get through
this situation is selling your home quickly. But how can you make your home stand apart in a seemingly overcrowded market of other sellers? The answer is strongly connected to how well you package your home visually. Take Good Photos Great photos make for great advertising content to help sell your home faster. Your local realtor can take photos prior to listing
Call 888-670-6791
your home online but you may want to opt for a local professional to take your photos to the next level. Be sure that your expenses for paying the photographer make sense for your situation. If you have some wiggle room built into your asking price and the photographer costs don’t cut too deeply into your profit margins, hiring them can be well worth your investment. Make sure your photographer of choice has experience with real estate photography, as lighting and staging will be key to making great photos. Clean It Up You should also consider allocating a small budget toward cleaning your home. Keeping your home nice and tidy — especially during showings — is key to helping your potential buyers fall in love with your home. Find a local cleaning professional to visit
your home and give you a quote and then work with your real estate agent to choose a date for a showing. This way you know for sure that your home will be clean when people are checking it out. Make sure that you don’t lose your home’s charm in the process. Keep decorations and plants out versus hiding everything in your closets. If you make your home too stale, potential buyers may have a hard time envisioning themselves living in the space. Find a good balance of clean and lived in to help sell the comfort of your home. Help Need assistance? We will be happy to meet with you and share our guidance. Schedule an appointment today. Call us at 888-670-6791.n
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KNOW YOUR RIGHTS
When Can a Landlord Be Arrested?/continued from page 1
Tips for a Quick Sale
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peed is the name of the game when trying to sell your home. That’s because you likely have another home you’re ready to move into and want to avoid the situation of paying for two mortgages. The top factor in how quickly your home sells is price. Depend on your local real estate agent to understand the market where you live and the appropriate pricing strategy for your goals. If your aim is to get your home sold quickly, then being aggressive with your first price is key. If you have a little leeway, you may be able to price your home higher and hope for the right buyer to come along. Whatever your strategy, find a local real estate professional who can help you set, monitor and change your goals if needed. Find the Right Agent Equally as important as landing on the right price is securing the right local real estate agent. You’re looking for a few things here, including: lProven track record with a history of selling homes fast. lStrong understanding of the local market. lGreat reviews from past buyers and sellers in their customer base. lQuality customer service and positive attitude. lYour local real estate agent should have a buyer’s eye with a strong understanding of what is going to help your home sell fast.
Ask for specific recommendations that go beyond a fresh coat of paint and a neatly kept yard. Hold your real estate agent accountable if you’re not happy with his or her service. Remember, you’re paying them a commission, so your satisfaction should be of the utmost importance to them. Timing is Key Spring and summer are typically the best times to sell your home. Nice weather makes for pleasant showings and families on the move are looking to settle in before the school year starts. Work with your local
real estate agent to decide when is the best time to put your house on the market where you live. Use this timeframe as a target date to have your home ready for the market. This includes decluttering your home and preparing it for showings. Your real estate agent should be able to help you stage rooms correctly to give your home an edge on others in your neighborhood. Need assistance? We will be happy to meet with you and share our guidance. Schedule an appointment today. Call us at 888-670-6791.n
Call Equity Smart Realty at 888-670-6791 for a FREE consultation.
unit or to the tenant’s personal possessions. Maybe the tenant has been behind on rent for a month or two or maybe the landlord wants to increase the rent by getting new tenants. Either way, there are legal ways to remedy these problems. In some cases, the landlord takes it upon themselves and change the locks to the apartment. This is a cause for concern and as such, the police can and should get involved. In preventing the problem from escalating further, the tenant can explain to the police of the landlord’s negligence in following state or city laws when he/she changed the locks. This may warrant an arrest on the part of the landlord and the regaining of access to the apartment and/or the retrieval of possessions on the part of the tenant. The legal authority governing lockout is General Statutes §53a-214 and §47a-4. Unlawful Entry by Your Landlord Landlords can legally enter apartments, but entry typically requires notice and a legitimate reason to enter. Some of the reasons for landlords to enter a rented apartment is for maintenance purposes or to inspect safety features such as smoke detectors. Typically, tenants must be made aware of when the landlord needs to enter the apartment and why. If at some point a tenant returns home to find the landlord in their apartment unknowing to them, going through their personal belongings, then that’s a reason to call the police. The legal authority governing unlawful entry by a landlord is: General Statutes §53a-107 and §53a-108. Your Landlord Shuts Off Utilities When renting an apartment, things such as heat, water and electricity are extremely necessary. The landlord then has a legal obligation to ensure that these amenities are available and in great working conditions. During the winter if a landlord intentionally shuts off any of these utilities, then that is grounds to call the police. This is termed as “shutoffs” which are also called constructive evictions meaning that the police will treat it the same way as if the landlord locked out the tenant. The legal authority governing shutoffs or constructive evictions is: General Statutes §19a-109. Once a person is paying rent for an apartment, he or she is entitled to certain rights and privileges. Once the landlord attempts to deny either of these rights, it may very well be time to get the police involved. Of course, the reasons provided are not exhaustive and there are other reasons when the police should intervene in landlord-tenant disputes. In addition, there are also other ways and means to resolve housing issues, such as mediation or filing a civil lawsuit. Need Help? If you are have any landlord or tenant issues, please do not take the law in your own hands. Get a FREE consultation. Schedule an appointment today. Ask the Lawyer. Call 855-768-8845.n
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HOME OWNERSHIP
Help for First-time Homeowners
How to Make One Million Dollars BY TED HIGHLAND, KAPRE.COM
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an you make $1 million in your first year selling real estate? It can be done. In fact, it has been done. But it doesn’t happen by luck or accident. This is the first in a series of articles detailing how you, as a newly licensed agent, could set yourself up to be successful enough to to make $1 million in your first year. In this initial piece, we discuss the “where” of the dream—the markets and brokerages that statistically give you the best odds of success.
BY ANNA CHANG-YEN uying your first home can be both exciting and intimidating. Homeownership offers many people a kind of personal freedom they’ve never had before, but it also comes with major financial responsibilities. Government programs make it easier to take the plunge of homeownership.
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Who Is a First-Time Buyer? The definition of first-time buyer varies by program. It is important to note that the term can be used very broadly and does not only apply to buyers who have never owned a home before. For the purposes of some tax and government programs, a first-time buyer is anyone who hasn’t owned a home in the last three years. Read carefully the guidelines for any program before applying for assistance. Education The federal government helps firsttime homeowners by providing money to state-run programs. Buyers who receive assistance through these
programs must attend a housing counseling class approved by the U. S. Department of Housing and Urban Development. Housing counseling is a great way to understand the financial commitment you make when you sign your name to the mortgage papers — before you sign on the line. Down Payment Assistance Because a massive down payment can be an obstacle to homeownership, many programs for first-time buyers focus on helping them with the
down payment. Most financial assistance programs for first-time buyers are run through individual states. For example, in New York, the Home Investment Partnerships Program provides up to $10,000 in down payment assistance and $2,000 in closing cost assistance to low-income first-time buyers in the form of a deferred, forgivable, interest-free loan. At the federal level, Fannie Mae’s HomePath Ready Buyer program, announced in April 2015, provides a closing credit of 3% to first-time buyers of a HomePath home. Loan Programs The FHA loan program may be ideal for first-time buyers with little cash to close the deal. FHA allows down payments as low as 3.5 percent of the purchase price, which has helped many people become homeowners for the first time.
Tax Benefits First-time homebuyers will find that tax deductions can help make their new home more affordable. Mortgage interest, private mortgage insurance and property taxes may all be deductible, lessening a homeowner’s financial tax burden. In general, home ownership expenses that are not deductible include homeowner’s insurance premiums, homeowner’s association dues, closing costs and maintenance and repair costs. Consult a tax advisor for more information about how homeownership can change your tax situation for the better. Free Consultation Need assistance? We will be happy to meet with you and share our guidance. Schedule an appointment today. For a free consultation on buying a home, down payment assistance or tax issues, call us at 855-768-8845.n
The Dream Most individuals who dream about a career in real estate include making lots of money to fund a lavish lifestyle rich with expensive automobiles and a luxurious home in a distinguished neighborhood. The dream of what it takes to make a lot of money in real estate usually involves activities that people have observed real estate agents in their environment perform, including holding open houses, putting up yard signs, driving buyers around, showing houses, and so on. The Reality According to the National Association of Realtors® Member Profile for 2016 (the latest year available), 68% of real estate salespeople (not brokers) who have been in the real estate business for two years or less earn $10,000 or less after taxes and expenses. Clearly, there is a gap between the dream most people possess about the glamour of the real estate profession and the practical reality of what the real estate business consists of. To avoid falling into this trap, a strategy founded on facts and a sound business plan is called for. If You’re Going to Dream, Dream Big (and Plan Even Bigger) Consider what it would take to make $1 million in gross commissions your first year selling real estate (before expenses and taxes). It would involve selling approximately $50 million of real property with an average salesperson commission of 2%. REAL Trends is a real estate consulting service that has been analyzing what real estate licensees and companies have been doing for over 30 years. They recently published 2018 The Thousand, which is a report of the “Best Real Estate Agent Rankings” in America. REAL Trends identifies 250 individual agents who have achieved the above level of income, or more. Top 5 States Where Individual Agents Sell $75 Million to $1.9Billion Per Year Out of the 250 top producing agents identified in the REAL Trends survey, the following percentages of agents are found in the following five states: California: 44% New York State: 24% Florida: 7% Massachusetts: 6% Colorado: 4% This means that 85% of all multi-million dollar selling real estate agents are located in just five states. If new salespersons want to operate in this environment, it only makes sense to locate their business in one of the above states.n
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October 2019
23
Love, Health & Travel
Simple Relationship Advice: Helping Couples Stay Connected BY JENNINE ESTES, MFT
L
ove isn't the only thing a relationship needs to stay alive. It needs attention, emotional security, and effective communication. Without all of these factors, you may lose the closeness and trust with your partner that is essential to your success. Here are some quick tips for successfully staying connected to your partner: Stay connected to your partner by sexting or leaving love notes. Keeping in touch throughout the day will keep you on each other’s mind and you’ll be excited to see one another at the end of the day! Love notes also let your spouse know you are thinking about them despite a busy schedule or other things going on in your life. Make your relationship a PRIORITY! Don’t leave it last on the “to-do” list. Don’t take your partner for granted! You have to work on your relationship in order for it to thrive. If you just assume that your partner knows you love them, they may drift away. Actively think about how to improve your relationship and spend more time alone together. Get educated on how to have healthy communication. Education leads to change. It can be hard to have healthy communication if one or both people in the relationship don’t have an easy time expressing emotions. Counselors are one good resource — by sitting down with an impartial
person, you can each learn how to own your responsibility for good communication. Reach out to your partner when you’re feeling down, depressed, doubtful, or afraid. Your partner should be your first resource when you feel down. This lets them know that you trust them with your vulnerability, and keeps them in the loop about where your head is at. Give HUGS daily … and maybe even hourly when you are around one another. Hugs are a simple act that show you care! Thank your partner for the little things. Little things add up! Don’t ever assume your partner knows how much you appreciate them or something they have done. Tell them, so it’s clear! Everyone wants to
feel validated and appreciated. Teach your partner that you are a safe place. Listen to your partner and validate their feelings. Show them you are a good sounding board and will give honest feedback that is not judgmental or hurtful. A good relationship is always a work in progress. Practice these tips for the lifetime of your relationship to keep it healthy and strong.p
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avid Webber, a Boston University School of Law professor, argues that though the working class is widely perceived to be suffering, its members in fact have tremendous potential economic power in the form of the trillions of dollars held in their pension funds. These funds, which estimates put at somewhere between one-third and one-half of all private equity, can, and should, Webber argues, be used to shape the economy in the interests of workers. By exercising their rights as shareholders in major companies, the working class and their allies have found a backdoor to boardrooms, demanding reform on matters such as CEO pay. Webber weaves narratives of activist campaigns (pension fund administrators, union staffers, and government comptrollers are the book’s unlikely heroes) with fine-grained analysis of the relevant legal and financial concepts in accessible prose. He shows how working-class shareholder activists have taken the lead in divesting entirely from underperforming hedge funds or negotiating better arrangements with private equity funds. Webber suggests that they could also use their power to benefit labor, noting, for example, that the retirement funds of public employees are often managed by private equity firms that invest in companies that take jobs away from the public sector. (In one of the cases cited, a Massachusetts-wide trust invested public employee retirement funds in Aramark, a facility-management and food-service provider that competes with public employee unions to service prisons and public schools.) Webber marshals a lot of information into a common sense argument that will appeal to anyone with an interest in the current labor movement. p
Jennine is a Marriage and Family Therapist in San Diego, CA., certified in Emotionally Focused Therapy for Couples. She writes relationship and self-growth advice for her column, Relationships in the Raw. She is the creator of #BeingLOVEDIs campaign. MFC#47653.
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October 2019
24
Love, Health & Travel
Timing Is Perfect to Win in the Travel Industry BY VICTORIA FALK
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y friends and associates often express their concern that I work too hard. I often hear, "Oh Victoria, you're going to another meeting. Is this another training you have scheduled for today? You work too hard." My response to the worriers is always the same. I smile and say as politely as possible, "You must not understand what I do. I get paid to enjoy a lifestyle and to help other people do the same." One of the major perks and benefits of being a Travel Agent is that you get to enjoy a lifestyle many people have in their dreams. Imagine being able to earn free travel, fly first class, get top notch treatment when you travel, and get paid when people book their travel through you. Yes, that is the life of a professional Travel Agent. With the popularity of online travel booking sites and the ability of travelers to find all the information for them-
Victoria Falk, center, on October 19 received an from Lucretia Daniel, Surge365 Founding Marketing Director. Pictured also is President Christopher Cokley and CEO is Scott Tomer both of Surge365
selves, many people wonder if there's still a need for Travel Agents. But the overload of available information has made the booking process overwhelming for the average traveler. Plus, busy professionals prefer to enlist the help of a Travel Agent to book their next great getaway. Travel is the world's largest industry. Travel reports indicate $8.3 trillion dollars per year is generated from people traveling. There is a positive outlook for people wishing to be hired as Travel Agents and
for those wanted to start an online, home-based travel business. The internet gives today's Travel Agents more freedom and choices than those had by traditional Travel Agents who worked before its popularity. Today's Travel Agents enjoy a flexible work schedule, can work from home, and can earn money while they sleep since the travel booking sites allow people to book their own travel 24 hours per day, 7 days per week. Travel Agents can earn in-
come by booking flights, hotels, cruises, car rentals, and all-inclusive vacation packages. They can book travel for individuals and groups whether for leisure or business. However, online Travel Agents get paid for travel bookings completed on their websites whether they did the work or if the customers booked themselves. Travel Agents have the ability to earn while they learn. The more you learn, the greater the earning potential. Most Travel Agents are paid based on commission, so it pays to have a good understanding of the sales process. More skilled Travel Agents are able to request service fees, markups, and special perks and amenities for their travelers. There are hundreds of host travel agencies out there and it's important to choose wisely. These agencies welcome experienced people and newbies into their programs for a membership fee. Their Travel Agents utilize their training
program, have access to their network of travel suppliers, their booking engine, However, those ambitious people who want to be totally independent of a host agency can earn their own licenses, purchase Errors and Omissions Insurance, and function independently. As we head into the busiest travel season of the year, timing is perfect to enroll in our Travel Agent Program. Register today. For more information on becoming a Certified Travel Agent and Destination Specialist and starting your travel business own business, visit www.nacc.nyc/travelagent. The Chamber also offers a Small Business Boot Camp. Details can be found at www.nacc.nycp Victoria Falk is the award-winning CEO of Passionate Travel Inc. Take the stress out of vacation planning and save your energy to do the things you love doing. Contact Victoria to make your travel dreams a reality at 800-890-7492. Visit www.passionatetravelinc.com
Earn extra income... Enjoy perks! Become a Certified Travel Agent &Destination Specialist
WHY BECOME A TRAVEL AGENT? Travel is an 8.1 trillion dollar industry. Some of that money can be yours! Attend our 4-week Travel Agent Program. Learn how to: •Book travel and earn higher travel commissions •Use travel to raise funds for your church, nonprofit, charity, etc •Start and grow a profitable travel business •Use social media to market your business •Become eligible for major tax advantages
For dates and registration, please visit: www.nacc.nyc/travelagent Call 718-722-9217 for assistance.
Cost: $250.00 (Chamber members) $350.00 (non-members) Fee includes Travel Agent training and your own online travel business and Individual Chamber Membership. Certificates will be given out to those who successfully complete the program. We recommend doing our Small Business Boot Camp. You can start your travel business with a SSN or an ITIN.
October 2019
www.workersworldtoday.com
25
Love, Health & Travel
Yes, Men Get Breast Cancer as Well BY MARY CAMPBELL
O
ctober is Breast Cancer Awareness Month, and in this issue, we are focusing on male breast cancer. The disease in men accounts for about 1 percent of all breast cancer cases. The American Cancer Society estimates that 2,670 new cases of invasive breast cancer will be diagnosed in men in 2019, and about 500 of those men will die from it. Fatalities most often happen because men miss the signs that they have a breast tumor, thinking a lump there must be from something else. Breast cancer occurs in breast tissue, which both women and men have. Although it’s rare, male breast cancer does happen. It’s diagnosed and treated similarly in all genders, so early diagnosis remains key. The science around the cause of male breast cancer is unclear, according to the Mayo Clinic, the same as most types of most cancer, though male breast cancer is even more mysterious. People of all genders are born with some breast
tissue and milk-producing glands (lobules) that transport milk to the nipples and fat. When a girl hits puberty, she develops more breast tissue, and boys do not. Boys, however, do still have the breast tissue with which they were born. The most common type of breast cancer in men is ductal carcinoma, which begins in the milk ducts. Just as with women, there is research indicating a family history of breast cancer increases the likelihood of a man getting the disease. Gene mutations like BRCA2 (the same mutation actress Angelina Jolie had that put her at a high risk of breast cancer) increases a man’s risk of breast cancer and
prostate cancer. Older age remains a risk factor, as does exposure to estrogen, obesity or liver or testicular disease. Men who are born with Klinefelter’s syndrome, a genetic condition in which some boys have more than one copy of the X chromosome, also increase a man’s likelihood of contracting breast cancer. Early diagnosis and treatment is critical for best outcomes in male breast cancer, which can be harder since it’s not always the first condition tested for, so knowing the symptoms is important. These include a painless lump in or thickening of the breast tissue, changes to the nipple (redness, scaling or turning inward) or nipple discharge or changes to
the skin covering the breast area. Men who see these symptoms should ask their doctor for further assessment. According to the Mayo Clinic, diagnosis and treatment is similar to what women experience: clinical breast exams, medical imaging that enables the doctor to see problem areas, or a biopsy, during which the doctor extracts tissue from the suspected tumor and tests it. Male breast cancer is often hormone-related, so doctors may recommend hormone therapy in addition to surgery, chemotherapy and radiation. Ernie Green, a fullback for the Cleveland Browns (19621966) was diagnosed in 2006. He survived, but unfortunately two of his sisters developed breast cancer and only one survived. Then there’s Peter Criss, the drummer for KISS, who was diagnosed in 2007, and survived to be inducted into Cleveland’s Rock & Roll Hall of Fame in 2014. Standout football player Paul Dombroski (Kansas City Chiefs, New England Patriots and Tampa Bay Buccaneers in
the 1980s) also survived. All are outspoken advocates for male breast cancer awareness. Matthew Knowles, Beyoncé and Solange’s father, recently announced he is recovering from breast cancer surgery. The 67-year-old music mogul, detailed his battle with the disease in an interview with Michael Strahan in anepisode of Good Morning America. “What I want to share, Michael, is that I also am a survivor of breast cancer,” begins Knowles, explaining that he was prompted to visit his doctor, and subsequently had a mammogram, after noticing spots of blood on his shirt and bedsheet. With October being Breast Cancer Awareness Month, women everywhere are reminded to check their breasts for signs for lumps or any abnormalities. But men need to be breast aware, too. Though boobs might not be something we immediately associate with men, they still have breast tissue, which means they’re still at risk from breast cancer. p
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October 2019
26
Sports & Conversations
Boxer Patrick Day Dies after Suffering Traumatic Brain Injury in Fight BY STEVE GARDNER, USA TODAY
B
oxer Patrick Day died Wednesday, October 16 after suffering a traumatic brain injury Saturday night during a bout in Chicago. He was 27. Day was hospitalized and in "extremely critical condition" Saturday night after he was knocked out by Charles Conwell in the 10th round of their USBA super welterweight title fight. Day was taken to Northwestern Memorial Hospital and underwent emergency surgery. He lapsed into a coma and never regained consciousness. His promoter, Lou DiBella, announced Day's death in a statement Wednesday afternoon, saying the boxer was surrounded by his family, friends and members of his boxing team. The statement read: "Patrick Day didn't need to box. He
Day, a Haitian-American, was the youngest of four boys. His mother, a translator at the United Nations, would never be in attendance when he fought, though his father, a doctor, had been to a few. His mom did not want him to fight. came from a good family, he was smart, educated, had good values and had other avenues available to him to earn a living. He chose to box, knowing the inherent risks that every fighter faces when he or she walks into a boxing ring. Boxing is what Pat loved to do. It's how he inspired people and it was something that made him feel alive." According to news reports of
the fight, Day went down in the fourth and eighth rounds before being knocked unconscious by a left hook in the 10th. ESPN reported that Day suffered a seizure on the way to the hospital. Day, a native of Freeport, New York, was 17-4-1 with six knockouts. He was a New York Golden Gloves winner in 2012, and made his professional debut the following
year. News of Day's hospitalization left the Long Island boxing community in shock. "I'm sick over it," Chris Algieri, a former WBO junior welterweight champion, told Newsday. "I've known Patrick since he was a teenage amateur training at the Freeport PAL. Patrick grew into a very disciplined and gritty professional. Whether in the gym or in the
ring you could always expect 100 percent effort out of Pat ... and at the end of it all, a smile. One of the true nice guys in the sport who stood out as a consummate gentleman warrior."p Contributing: Matt Eppers This article originally appeared on USA TODAY: Boxer Patrick Day dies after suffering traumatic brain injury in super welterweight fight
There’s something to say about experience: Starting a Business at 50+
Are you nearing retirement and exploring new opportunities? Or, are you wondering how you will generate income once you retire? A growing number of individuals over the age of 50+ – or “encore entrepreneurs” – are turning to small business ownership. Now is the time to explore the possibilities.
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