Earlier this year, Governor Andrew Cuomo and New York State legislative leaders entered into an agreement that changed the landscape of medical malpractice suits in New York State—Lavern’s Law. This law, named after the late Lavern Wilkinson, extends the statute of limitations for an individual to sue a treating medical professional and/or medical facility for the misdiagnosis of cancer.
New York State has enacted a new law regarding sexual harassment in the workplace. Effective October 9, 2018, all NYS employers must adopt written sexual harassment prevention policies and implement annual anti-harassment training for employees. Every employer, regardless of size, must implement a policy that includes guidance and instructions for filing a complaint of sexual harassment or discrimination. The law applies to full-time, part-time, seasonal, and temporary employees.
This week, the city is offering a last chance for Buffalo property owners to make arrangements to pay their real property tax bills. On Tuesday, Wednesday, and Thursday of this week at Erie County Courthouse, 25 Delaware Ave., city attorneys will be available from 9 a.m. to 2 p.m. to make settlement deals. Property owners who fall behind on city taxes, sewer rent, user fees or water bills for more than two years are in danger of having their houses and buildings put up for foreclosure sale.
In 2018, New York State put forth several proposals with the goal of reforming New York’s criminal justice system, including reshaping New York’s current bail and pretrial detention systems. New York’s laws governing bail date back to the 1970s, at which time they were considered among the best and most progressive in the nation, requiring judges to consider a defendant’s reputation, employment and financial resources, family ties and length of residence in the community, and previous criminal record.
In a child custody battle, the judge is primarily concerned with making decisions that are in the best interest of the child. The judge will ask several questions to determine whether sole or joint custody is appropriate, what the child’s living arrangements will be, what the parents’ access schedule will be, and how the parents will support their child financially. If the circumstances allow, the judge will try her best to ensure that the child will be able to maintain a relationship with both parents.
The Supreme Court has dealt a major blow to public sector unions in the name of protecting Americans’ First Amendment rights. In its ruling in Janus v. AFSCME on June 27, 2018, the Court held that public sector workers cannot be forced to pay dues to unions if they do not join one. The Court argues that forcing individuals to subsidize unions that may endorse positions with which the workers themselves disagree constitutes a violation of the workers’ First Amendment rights, essentially placing the burden of keeping unions afloat onto nonmember workers. The immediate effect of this decision is that nonmember workers can now choose whether to voluntarily contribute to a union.
Aretha Franklin, The Queen of Soul, passed away on August 16th, leaving behind four adult sons and a considerable estate—Franklin’s estimated worth was approximately $80 million. But with such a large estate and the means to plan for the inevitable, Aretha Franklin nonetheless did not leave a will.
Is your fire company incorporated? If so, does your fire company have a contract with a Town, Village or Fire District? Many volunteer fire companies in New York do, so at least at some point, each will be impacted by legislation that became effective January 1, 2018.
Divorce can be a messy and hard-to-negotiate process, and the recently passed Tax Cuts and Jobs Act may make that process even more difficult for couples with its abolishment of tax deductions on alimony payments. Before the TCJA, alimony payers could deduct payments that met the tax-law definition of alimony for federal income tax purpose, and alimony payment recipients always had to pay income tax on those payments. Now, for alimony payments required under divorce or separation instruments that are executed after December 31st, 2018, the deduction will be eliminated, and recipients of the affected payments will no longer have to include them as taxable income. With December 31st looming on the not-so-distant horizon, the pressure will be on some divorcing couples to finalize their divorces before the new rules on alimony deductions take effect in 2019, but for others, delaying a divorce until the new law takes effect may prove more beneficial.
Everyone knows that buying a home can be expensive, but many don’t even think about the cost of selling. Home sellers often have a plan for the proceeds from their house long before the house goes on the market—a new home, a new car, maybe a vacation—and knowledge of the major costs of selling a house can help sellers properly budget the proceeds in preparation for paying more fees than they probably would have imagined.