• Easing Pain, Sparking Concerns

    Arthur Yermash: Employees can game the medical marijuana system. PHOTO: Bob Giglione/LIBN By: Jacqueline Birzon Now that New York has authorized five “registered organizations” to operate as many as 20 medical marijuana dispensaries throughout the state, employers are scrambling to establish new best practices concerning card-carrying employees. Gov. Andrew Cuomo on Monday signed a bill legalizing a restricted amount of medical marijuana for certified patients diagnosed with one (or more) of 10 medical conditions, a move intended to relieve pain and suffering for victims of Parkinson’s disease, cancer and other ailments. Users cannot legally smoke their pot; instead, they’re required to vaporize it or ingest it orally ...

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    Friday, July 11th, 2014

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  • Summer Employment for Minors

    While school’s out for summer, employers often hire teenagers to fill seasonal employment needs. Hiring minors comes at a price, since the law imposes numerous restrictions in their employment. As such, it is a good idea to identify and review some child labor laws applicable to employees under the age of 18. Age Requirements & Hour Restrictions The law restricts hours that employees under the age of 18 may work. The hours that minors can work depend on age, the type of work, and whether the minor is enrolled in school. New York State is one of the stricter states in the ...

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    Wednesday, July 09th, 2014

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  • Now that Workplace Bullying Was Front Page News, Will a Workplace Harassment Policy Sufficiently Protect the Company?

    Recent media coverage has heightened employer awareness of workplace bullying. This awareness, however, has created some confusion about what, if anything, should be done to address workplace bullying, and whether harassment policies are sufficient to protect the employer. While many times the characteristics of bullying and harassment can overlap, the law relating to each of these areas is different. It important for employers to understand the differences between the two and have policies in place to identify, assess, minimize, and control the risks associated with such behavior. Workplace bullying is often defined as repeated, unreasonable, and unwelcome behavior directed toward an ...

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    Wednesday, July 09th, 2014

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  • June 2014 Legal Brief – Firm Newsletter

    June 2014 Legal Brief – Firm Newsletter

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    Thursday, June 26th, 2014

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  • Kanter Elected Secretary of Pet Peeves Board of Directors

    Lauren Kanter, an attorney at Campolo, Middleton and McCormick in Ronkonkoma, was elected secretary of the board of directors of Pet Peeves Inc., a Woodbury-based pet charity.

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    Wednesday, June 25th, 2014

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  • Is Prepaid Rent Recoverable if a Lease Terminates Early?

    What happens when rent is prepaid under a lease but the lease is purportedly terminated prior to the expiration of the term? The Court of Appeals in Eujoy Realty Corp. v. Wagner Communications, LLC addressed this issue.1 Landlord Eujoy owned a building in Queens with a steel frame structure on the roof for the placement of billboard advertisements. Tenant Van Wagner considered the billboard desirable because of its visibility to passing traffic on the Long Island Expressway. Van Wagner leased the billboard for a 15-year term commencing December 1, 2000 and ending September 30, 2015. The lease specifically provided for the payment ...

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    Monday, June 23rd, 2014

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  • When is a Public Volunteer an Employee? The Fair Labor Standards Act and Municipalities

    During the course of any given week, I encounter numerous volunteers at the Town programs in which my two sons participate. Sometimes, work schedule permitting, I am even one of those volunteers. Given current budget constraints, volunteers are needed to keep some municipal programs operating. As with private employers, however, sometimes a “public” volunteer is really an employee. Towns and Villages need to be careful to avoid adverse findings by the Federal and New York State Departments of Labor. The Federal Fair Labor Standards Act (“FLSA”) requires both public and private entity employees to be paid minimum and overtime wages. The ...

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    Sunday, June 15th, 2014

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  • Supreme Court Holds that Competitors May Bring False Advertising Claims Challenging Food and Beverage Labels Regulated by the FDA

    Perhaps Coca-Cola should stick to soda. A unanimous Supreme Court held this month that competitors may bring false advertising claims under the federal Lanham Act – even if the challenge is to food and beverage labels regulated by the Food and Drug Administration under the federal Food, Drug, and Cosmetic Act (“FDCA”) (which prohibits the misbranding of food and drinks). See POM Wonderful LLC v. Coca-Cola Co., No. 12-761. POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry blend. Coca-Cola’s Minute Maid division makes and markets a juice blend bearing the label “POMEGRANATE BLUEBERRY” in all capital letters above ...

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    Tuesday, June 10th, 2014

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  • Protecting Your Assets – Part II

    Last month I started a discussion about how to protect our assets so we actually have something to pass to our heirs upon our death. I mainly talked about how the government tries to reduce our estate by way of taxes. This month the discussion moves to the cost of long term care, and how to minimize that cost. As previously stated, the cost of care in New York can run anywhere from $6,000 per month for home care to over $15,000 per month for nursing home care. That’s a lot of money to go through! Doing the math, that’s over ...

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    Monday, June 09th, 2014

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  • May 2014 Legal Brief – Firm Newsletter

    May 2014 Legal Brief – Firm Newsletter

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    Friday, May 30th, 2014

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Fred Eisenbud