American Knife & Tool Institute Announces Intro of Vermont Legislation to Repeal Knife Prohibition

Representative Patrick Brennan

Representative Patrick Brennan

Legislation Would Eliminate the Current Prohibition on the Possession and Sale of Automatic Knives

I’m proud to work with the American Knife and Tool Institute to ensure that Vermont’s laws allow law-abiding knife owners to carry and use theirs knives and tools the way they need to.”

— Representative Patrick Brennan

CODY, WYOMING, UNITED STATES, January 31, 2019 /EINPresswire.com/ — The American Knife & Tool Institute (AKTI) today applauded the introduction of HB H 124, which would repeal Vermont’s prohibition on the possession and sale of automatic knives in the state. The bill, sponsored by Representative Pat Brennan, R-Chittenden 7-2, will repeal the burdensome state laws that impede on the rights of law abiding citizens of Vermont.

“I’m proud to work with the American Knife and Tool Institute to ensure that Vermont’s laws allow law-abiding knife owners to carry and use theirs knives and tools the way they need to,” said Representative Brennan. “The current restrictions on automatic knives are antiquated and too burdensome on Vermonters. I’m proud to introduce H 124, which will repeal this unnecessary law and ensure that anyone who carries or uses a knife in their daily life for lawful purposes will be protected.”

“We commend Representative Brennan for introducing this bill,” said CJ Buck, President of AKTI, “and are calling on the Vermont legislature to take swift action in passing this bill. This legislation is in keeping with the ways in which Vermonters use their knives for legal occupational and recreational activities, and will ensure that all law abiding Vermonters have the right to carry the knife of their choosing.”

For information about the Vermont Knife Laws visit www.stateknifelaws.com and for more information about State Laws Regarding Auto-Open Knives visit www.akti.org/state-laws-regarding-automatics/.

Liesl Sheehan
Tremont Strategies Group
+1 617-236-5830
email us here


Source: EIN Presswire

International Law Firm Discusses Creativity and Practical Business During Panel Discussion at the Sundance Film Festival

Learn more at www.dbllawyers.com

Thomas Dunlap, Managing Partner, Dunlap Bennett & Ludwig, offers his legal expertise for success in the film industry.

Learn more at www.dbllawyers.com.

Dunlap Bennett & Ludwig Participates in a Panel Discussion on the Creativity and Practical Business of Movies at the Sundance Film Festival.

Making movies is about being creative. Successfully making movies is about combining creativity with the practical business side.”

— Thomas Dunlap, Founding Partner

WASHINGTON, DC, UNITED STATES, January 31, 2019 /EINPresswire.com/ — Dunlap Bennett & Ludwig, a leading international law firm serving businesses across North America, Europe and China, is pleased to announce that Thomas Dunlap, DBL Managing Partner, along with other leading film makers, participated in a panel discussion entitled, “From Idea to Deal: How Legal Challenges Cultivate Creativity” at the 2019 Sundance Film Festival sponsored by LegalZoom and hosted by SundanceTV, and AMC Networks Studio. The panel showcased Mr. Dunlap (in his fourth appearance) alongside Hannah Pearl Utt, Peter Saraf, Jaqueline Olive, and Andy Garland.

Tom has represented clients in the film and entertainment industry for many years and is a Power 100 Hollywood lawyer. He has also worked on many films including The Hurt Locker, Expendables 2, and on the other side of the film industry with a producer credit for the film Assault on Wall Street. Tom has worked with many independent film producers, directors and actors over the years.

“Making movies is about being creative. Successfully making movies is about combining creativity with the practical business side.” Mr. Dunlap quoted in an interview from the festival. “The panel 'From Idea to Deal' saw leading film makers and I sharing our personal advice on the nuts and bolts of how to juxtapose creativity and success in everything from hiring actors and producers, to assigning credit, to dealing with location and personal releases.”

The Sundance Film Festival is a program of The Sundance Institute which takes place annually in Sundance, Utah, and is the largest independent film festival in the United State, showcasing new work from American and international independent filmmakers. Close to 47,000 people attend this annual event.

Rusty Foster
Bow Tie Strategies
7036461282
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Source: EIN Presswire

Immigration Attorney Magdalena Cuprys publishes guidance on TN Nafta work visas for Mexican applicants

Website Magdalena Cuprys, Immigration Attorney in Florida

Website Magdalena Cuprys, Immigration Attorney in Florida

Office of Magdalena Cuprys, Immigration Attorney in Florida

Office of Magdalena Cuprys, Immigration Attorney in Florida

Blog of Immigration Attorney Magdalena Cuprys

Blog of Immigration Attorney Magdalena Cuprys

Magdalena Ewa Cuprys, Immigration Attorney, Florida

Magdalena Ewa Cuprys, Immigration Attorney, Florida

Magdalena Cuprys, Immigration Lawyer in Florida

Magdalena Cuprys, Immigration Lawyer in Florida

In her newest article in her Instruction Series on various US Business and Employment-Based Visas, Attorney Magdalena Cuprys provides guidance on TN Visas

Cuprys & Associates (N/A:N/A)

changes to NAFTA are expected in the near future based on ongoing trade negotiations. Those who plan to apply for TN visas, as well as their employers, should keep an eye on political developments”

— Magdalena Cuprys, Immigration Lawyer

MIAMI, FLORIDA, UNITED STATES, January 31, 2019 /EINPresswire.com/ — Work visas under NAFTA are currently in the political spotlight because of statements made by President Donald Trump and ongoing trade pact negotiations. In her next article in her Instruction Series on various US Business and Employment-Based Visas, Immigration Attorney Magdalena Ewa Cuprys examines the current state of TN Visas available to Mexican Nationals seeking employment in the United States under NAFTA. The complete article appears on the Blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/

NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. This article shall specifically discuss only the TN Visa requirements and procedure as relates to Mexican Nationals, a separate article regarding Canadian Citizens under NAFTA has previously been published as part of this series and is available on-line below.

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Mexico, as NAFTA professionals, to work in the United States. Lawful Permanent Residents, including Mexican Permanent Residents, are not eligible to apply to work as a NAFTA professional in the USA.

Professionals of Mexico may work in the U.S. under the following conditions:

• The Applicant must be a citizen of Mexico;
• The Employment Position is within a specific Profession and is explicitly designated on the NAFTA Occupation list;
• The Employment Position in the U.S. requires a NAFTA professional;
• The Mexican Applicant shall be employed in a prearranged full-time or part-time job, for a documented U.S. employer (see documentation required).
• Self employment is not permitted under NAFTA;
• The Professional Mexican Citizen possesses the qualifications of the profession.

Mexican Citizens are required to obtain a visa as a NAFTA Professional, which also enables the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional in the US, as a TD visa holder. When appearing for Consular Interview for visa issuance, it is recommended that the Mexican citizen have the following (non-exhaustive list) of sample evidence for Inspection:
• Request for Admission under TN status to Department of Homeland Security, Customs and Border Protection;
• Employment Letter – Evidence of Professional Employment. See Employment Letter below;
• Proof of Professional Qualifications: – such as transcripts of courses attended, grades achieved, professional licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Mexican citizenship- Mexican citizens may present a valid passport in addition to secondary evidence, such as a birth certificate.
• Applicable Filing Fees.

The employer in the U.S. must provide to the TN Visa Applicant a formal Letter of Employment in the United States. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Occupation List, available at Chapter 16, Annex 1603, Appendix 1603.d.1.
The applicant must present evidence of professional employment to satisfy the Consular/Immigration Officer of one’s plans to be employed in prearranged business activities for a U.S. employer(s) at a professional level. Part-time employment is permitted under NAFTA. Self-employment is strictly prohibited. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:

• Activity in which the applicant shall be engaged;
• Purpose of entry;
• Anticipated length of stay;
• Educational qualifications or appropriate credentials demonstrating professional status;
• Evidence of compliance with DHS regulations, and/or state laws; and
• Arrangements for pay.
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa issuance under U.S. law by:

• Education Requirement- The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States must be accompanied by an evaluation by a reliable Credential Evaluation service specializing in evaluating foreign documentation.
• Work Experience Requirement – Documentation which proves the applicant's prior experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving such self-employment.

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico. Spouses and children cannot work while in the U.S. They are, however, permitted to study. Mexican citizen spouses and children do require visas, and they must have the following documents in their possession when presenting themselves for admission and entry into the US:

• Proof of Mexican Citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

The spouse and children of Mexican Nationals must apply to obtain a TD Non-Immigrant visa from a U.S. Embassy or Consulate. Spouses or children following to join must show a valid I-94 Arrival/Departure Record, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status. The maximum period of admission into the U.S is generally for a period of one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in increments of one year at a time. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status is only temporary in nature and does not afford the Applicant any Permanent Residence Status.

Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen to travel to a port-of-entry in the United States, such as an international airport, a seaport or a land border crossing, and at such point may then request permission to enter the U.S.

The Department of Homeland Security, Customs and Border Protection, has the authority to permit or deny any applicant admission to the United States, and determine your length of stay in the U.S., on any particular visit. Form I-94, Record of Arrival/Departure, which notes the length of stay permitted, is validated by the Immigration Official.

Ms. Cuprys notes that changes to NAFTA are expected in the near future based on statements of President Trump and ongoing trade agreement negotiations. Those who plan to apply for TN visas (as well as their employers) should keep an eye on political developments that may affect TN work visas.

*** Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases.

Website: https://magdalenacupryslaw.com/
Website: http://www.servingimmigrants.com
Website: http://tuabogadadice.com/
Blog: https://magdalenacuprysblog.blogspot.com/
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq

Tiffany Ramirez
Cuprys and Associates, Serving Immigrants
+1 305-924-1133
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CBS This morning: NAFTA 2.0: How potential trade deal would impact workers, economy. Efforts to overhaul the NAFTA free trade agreement.


Source: EIN Presswire

Absolute Logic to triple its office size with new location in Wilton; cites strong growth as driver for relocation

New location for Absolute Logic

New office space will house both Absolute Logic and sister company CyberGuard 360

We have outgrown our current location; and we look forward to continuing to be a part of the Wilton community.”

— Al Alper, CEO Absolute Logic/CyberGuard 360

WILTON, CT, US, January 31, 2019 /EINPresswire.com/ — Absolute Logic (www.absolutelogic.com), a firm providing technical support and technology consulting to Connecticut and New York businesses since 1991, is tripling its office space with the relocation to new headquarters effective February 1.

Al Alper, Chief Executive Officer of Absolute Logic and sister company CyberGuard 360, confirmed today that his firm will relocate its corporate headquarters to 88 Danbury Road, Suite 1D, in Wilton. The new office space is more than three times the size of their current location at 44 Old Ridgefield Road.

Alper said that significant growth in both companies drove the need for expansion. “We have, simply stated, outgrown our current space,” he said, noting that both companies experienced more than 25% growth over the last year. On the Absolute Logic side, the firm has picked up a number of clients throughout Connecticut and New York, while CyberGuard 360 continues to develop and market cyber security software solutions to assist with compliance and protection issues. He said that the growth will result in bringing on new team members in 2019; and with the new space and its expanded conference room capabilities, he anticipates scheduling additional seminars and workshops for clients.

“We are pleased to have found a location here in Wilton that will meet our needs,” said Alper, who is also a resident of the Town of Wilton. “We have outgrown our current location; and we look forward to continuing to be a part of the Wilton community.”

The company plans an Open House for later in the year.

About Absolute Logic
Since 1991, Absolute Logic has been providing Fortune 500-style security and IT services, technical support and technology consulting to businesses of up to 250 employees. Absolute Logic has recently launched CyberGuard 360, a strong cybersecurity protection suite of technology services. The company was also designated as a Champion of National Cyber Security Awareness Month (NCSAM) 2017 and has expansive experience with and knowledge of cyber regulations such as New York State’s Department of Financial Services’ new cybersecurity regulations (23 NYCRR 500).

The firm’s original client base was comprised largely of independent insurance agencies, law firms and dental practices; today, these industries remain a key part of the company’s clientele, but Absolute Logic has expanded its scope of services to represent more than 40 different industries. Services include managed IT services and consulting, cloud computing, virtualization, email and spam protection, backup and disaster recovery, VoIP solutions, network security, and more. Absolute Logic serves the IT and related needs of Connecticut and New York. Founder and CEO Al Alper is a national speaker on IT and security issues and has authored several articles and books; his recent one being “Revealed! The Secrets to Protecting Yourself from Cyber-Criminals.” To obtain a copy, or to request Al Alper as a speaker for a business organization, please call (203) 936-6680. Absolute Logic maintains corporate offices at 44 Old Ridgefield Road, Suite 216, Wilton, CT, and operates a satellite location at 300 International Drive, Suite 100, in Williamsville, NY. As of February 1, the headquarters will relocate to 88 Danbury Road, Wilton, CT. Please visit the firm’s website at www.absolutelogic.com, and follow the company on Facebook and Twitter.

Jim Farrell
PR First
+1 781-681-6616
email us here
Visit us on social media:
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Source: EIN Presswire

Former Servers and Bartenders at Landry's, Inc. Filed a Class Action Lawsuit to Recover Overtime Pay

Former employees at Bubba Gump Shrimp Co. restaurant claim they were not paid at the correct overtime and minimum wage rates

Despite the current status of federal regulations regarding tipped employees, Maryland regulations are clear.”

— Benjamin L. Davis, III

BALTIMORE, MARYLAND, UNITED STATES, January 30, 2019 /EINPresswire.com/ — On January 24, 2019, former employees (Plaintiffs) of Landry’s, Inc. (Landry’s) filed a class action lawsuit against the company to recover unpaid minimum and overtime wages. Landry’s is a multi-brand dining, hospitality and entertainment corporation that operates over six-hundred (600) establishments throughout the country. Defendant hired Plaintiffs to work as servers and bartenders at its Bubba Gump Shrimp Co. restaurant in Maryland.

Plaintiffs brought their case on behalf of themselves and other servers and bartenders who work or worked for Landry’s. Plaintiffs allege that Landry’s violated the Maryland Wage and Hour Law (MWHL) by failing to pay them at the correct overtime and minimum wage rate for all hours worked. Plaintiffs allege that they were only paid the minimum hourly-tip credit wage throughout their employment, even when they performed work that did not give them the opportunity to earn tips for more than twenty percent (20%) of their workweek. A large portion of Plaintiffs’ duties included work that was unrelated to serving food and drinks, such as washing dishes, dusting and cleaning.

Plaintiffs’ attorney Benjamin L. Davis, III of the Law Offices of Peter T. Nicholl explains, “Despite the current status of federal regulations regarding tipped employees, Maryland regulations are clear: employers must pay their servers and bartenders the full minimum wage when such employees are required to perform work during a given workweek that does not give them the opportunity to earn tips for more than twenty percent (20%) of their time.”

Plaintiffs were also subject to other unlawful practices. Plaintiffs allege that Defendant required them and other servers and bartenders to work off the clock. This constitutes another violation of MWHL.

Additional information regarding how servers and bartenders who work or worked for Landry’s can join this case can be found here or by calling the Law Offices of Peter T. Nicholl at 410-244-7005. The case is entitled Diwa, et al v. Landry’s, Inc. (Baltimore City Circuit Court).

The Law Offices of Peter T. Nicholl is recognized as a leader in the field of wage and hour litigation. The firm has successfully handled numerous class and collective action lawsuits in the Baltimore-Washington region. The firm is committed to vigorously representing employees whose rights have been violated.

Media contact information: 410-244-7005

Benjamin L. Davis, III
The Law Offices of Peter T. Nicholl
+1 410-244-7005
email us here


Source: EIN Presswire

Business Leader of the Year, Joe Reilly, To Speak at CEO Lunch & Learn

Joe Reilly, National Drug Screening President and Business Leader of the Year Award Winner to Speak at the Space Coast Business CEO Lunch & Learn Feb. 15, 2019.

Florida employers have decisions to make. I encourage business leaders to take the time to learn about medical marijuana in the workplace and to develop and implement clear and concise policies.”

— Joe Reilly, President National Drug Screening

MELBOURNE, FL, UNITED STATES, January 30, 2019 /EINPresswire.com/ — Business leaders who have established “Drug-Free Workplaces” are now faced with the dilemma that, what was once illegal, may now be authorized for those with a medical marijuana card. Florida Statute 381.986 is vague about what a Florida-based employer should do about accommodating a medical marijuana card holder in the workplace. In Florida, unlike some other states, there is no clear statutory language giving employees protections with regard to employment.

The employer is given authority to continue to enforce a drug-free workplace program but in some states accommodation may be required for medical marijuana card holders. So far, there is no accommodation required for using or smoking marijuana at the workplace.

This is becoming an issue of increasing concern to employers and to CEO's, and HR managers. To help employers better understand their options, Space Coast Business has invited 2 experts in the industry, Joe Reilly and Tara Tedrow to conduct a CEO Lunch & Learn Event.

Mr. Joe Reilly has provided consulting, speaking engagements and training programs for many organizations including the US Small Business Administration (SBA), the White House Office of National Drug Control Policy (ONDCP), the US Department of Education, the Society for Human Resource Management (SHRM), the Washington DC Department of Public Works, the Florida Office of Drug Control, the Florida Department of Corrections, the Drug & Alcohol Testing Industry Association (DATIA), the National Association of Professional Background Screeners (NAPBS), the Florida Trucking Association, Florida Small Business Development Centers (SBDC) and numerous Chambers of Commerce and business associations. Mr Reilly also served 2004 to 2008 as the Chairman of the Board of Directors of the Drug & Alcohol Testing Industry Association (DATIA) – the national trade organization for the drug testing industry.

Attorney Tara Tedrow is Senior Associate at Lowndes, Drosdick, Doster, Kantor, Reed, P.A. & Co-Chair, Cannabis and Controlled Substances Group. Tara works with physicians, lenders, real estate developers, landlords, ancillary service providers, licensed Medical Marijuana Treatment Centers and license applicants, helping them to navigate the ever changing regulatory landscape of medical marijuana. Tara is a regular presenter and speaker at industry seminars and conferences. In the fall of 2018, Tara will be the first professor in the state of Florida to teach a law school course on medical marijuana law and policy at the University of Florida Levin College of Law.

Learn what you need to know to insure your policies and procedures align with this new reality, while at the same time maintaining a safe and secure work environment. For more information on this event, visit https://www.facebook.com/events/302331260628483/

About National Drug Screening
National Drug Screening (NDS) assists employers in reducing liability, improving safety, and attracting and retaining better employees by providing drug testing services, supervisor training, Drug free workplace policy development, and other employer resources. In addition to testing for employers and individuals, NDS provides MRO services, software, and training to assist other drug testing service providers. For more information, contact Tom Fulmer at 321-622-2040.

Tom Fulmer
National Drug Screening, Inc.
+1 321-622-2040
email us here
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Source: EIN Presswire

iDisclose Rebrands as LawCloud

iDisclose, a legal technology company, is rebranding as LawCloud, and has launched a new website, LawCloud.co.

NEW YORK, NEW YORK, UNITED STATES, January 30, 2019 /EINPresswire.com/ — iDisclose, a legal technology company, is rebranding as LawCloud, and has launched a new website, LawCloud.co. LawCloud’s regulatory, disclosure and complex financing business will continue to be operated under the iDisclose brand name.

“The LawCloud name is more encompassing in describing all of the documents and services we now offer our clients,” said LawCloud CEO Michael Knox. “While our more complex services operated under the iDisclose name continue to drive our business, we now offer a wider range of legal documents and services making the LawCloud name more appropriate for the overall business,” said Knox.

Along with regulatory and disclosure documents, LawCloud offers other business documents to help companies run their day to day operations. The LawCloud smart library has dozens of business and human resources documents that can help lower the legal costs for startups and small businesses. This library of documents provides NDAs, employment agreements and more. This service allows early-stage companies to populate high-quality documents in an easy-to-use question and answer format mitigating much of the cost of traditional legal review by an attorney.

“The Law Cloud brand increases our addressable market by allowing us to reach entrepreneurs in their beginning stages. Our A.I. driven auto-population of documents allows clients to fill out the legal documents with ease. They never have to answer the same questions twice” said Doug Ellenoff, Co-founder of LawCloud.

LawCloud formation services allow an entrepreneur to form a company in any jurisdiction at very competitive rates and users have access to many documents necessary to run a business available for a very small monthly fee. LawCloud’s post-formation package helps companies prepare to raise capital. LawCloud provides the ability to serve smaller firms from formation to capital raising and beyond.

iDisclose by LawCloud supports funding platforms by providing a system to assist entrepreneurs in filling out complex legal disclosure documents and dramatically reducing the cost of legal review of the required disclosure filings. The company believes there is a huge opportunity for technology to reduce the costs of legal services, particularly as it relates to small businesses and startups, and is continuing to expand its product offering including to include a Reg A+ package in the first quarter of 2019.

About LawCloud
LawCloud, previously known as iDisclose, was founded in 2015 and is an industry-leading platform in the crowdfunding and legal disclosure space with major contracts with platforms such as Republic, seriesOne, MicroVentures, and Slice Capital. In addition, LawCloud offers legal document solutions for all small businesses, including regulatory documents, deal documents, HR documents, and other business documents. For more information about LawCloud, visit their website at LawCloud.co.

For media inquiries, contact Michael Knox, +1 (212) 381-0788.

Michael Knox
LawCloud
+1 212-381-0788
email us here


Source: EIN Presswire

Business attorney Richard Kranitz comments on recent appeals case involving alleged disability harassment at work

Richard A Kranitz, attorney & business coach in Grafton, Wisconsin

Richard A Kranitz, attorney & business coach in Grafton, Wisconsin

Attorney Profile Richard Kranitz

Attorney Profile Richard Kranitz

Think Business Blog by Richard A Kranitz, Wisconsin

Think Business Blog by Richard A Kranitz, Wisconsin

Blog of Attorney Richard A Kranitz in Wisconsin

Blog of Attorney Richard A Kranitz in Wisconsin

Office of Richard A Kranitz in Wisconsin

Office of Richard A Kranitz in Wisconsin

With heightened sensitivity at the workplace, organizations must keep a watchful eye on the actions of employees that adversely affect others, notes Kranitz

Office of Richard A. Kranitz (N/A:N/A)

the Caldera case highlights the fact-specific nature of any employment discrimination case. Anybody who suffers or suffered from harassment at the workplace should consult an employment attorney”

— Richard A. Kranitz, business attorney, Grafton, Wisconsin

GRAFTON, WISCONSIN, UNITED STATES, January 30, 2019 /EINPresswire.com/ — With heightened sensitivity as to discrimination and harassment at work, increased by the “#MeToo” movement, organizations must keep a watchful eye on the actions of employees that adversely affect other employees, notes Wisconsin business attorney and coach Richard A. Kranitz in his recently published case comment. The full comment will be published on his Blog at https://richardkranitzblog.blogspot.com/

Plaintiff Augustine Caldera is a correctional officer employed by the California Department of Corrections and Rehabilitation (hereinafter “CDCR”). Officer Calera has a disability that causes him to stutter, which became the subject of mocking and mimicking by the other employees. Such harassment occurred at least a dozen times over the course of two years. Caldera sued the CDCR and his supervisor under the Fair Employment and Housing Act (hereinafter “FEHA”) for disability harassment. Under the FEHA, plaintiff must “prove the harassment was either severe or pervasive.”

After a trial, jury awarded $500,000 in noneconomic damages to Caldera after finding that the harassment was severe and pervasive. Trial court set aside the verdict as excessive and granted the Defendants’ motion for the new trial. Both parties appealed.

Court of Appeals rejected the defendants’ contention that harassment was not severe nor pervasive. The Court noted that “[t]he law prohibiting harassment is violated when the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.” (internal quotation omitted). Noting that the jury must consider the totality of circumstances, the Court explained that “[i]ncidents of harassing conduct over a short period of time may constitute severe or pervasive harassment.”

The Court noted that the harassment occurred in front of others, including an incident where the supervisor mocked Caldera over the prison’s radio system. Prison psychologist testified that the harassment was “at times done in a mean spirited and harmful manner” and “caused Caldera to experience psychological disorders.” Thus, evidence was sufficient for the jury to conclude that the harassment was severe.

The Court also found that the evidence was sufficient for the jury to conclude that the harassment was pervasive. “As far as the harassing conduct being pervasive, Dr. Jordan said that he witnessed the harassing conduct on at least 12 occasions. Caldera estimated that Grove had mocked or mimicked his stutter anywhere from five to 15 times. Although neither Dr. Jordan nor Caldera provided exact dates as to when each incident occurred, their testimony reasonably indicates that the harassing conduct roughly took place over a two-year time frame from 2006 to 2008. This is certainly longer than the three-week period the court found to be sufficient in Fuentes.” Thus, the Court concluded that “[i]n sum, there was sufficient evidence—the testimony of several witnesses—to support the jury's factual determination that the harassing conduct in Caldera's workplace was both severe and pervasive (again, the jury only needed to find the harassing conduct to be either severe or pervasive).”

Richard Kranitz notes that the Caldera case highlights the fact-specific nature of any employment discrimination case. Any individual who suffers or suffered from harassment or discrimination at the workplace should discuss their case with a qualified employment law attorney. The case is Caldera v. California Department of Corr. & Rehab., 25 Cal. App. 5th 31 (2018).

About Richard A. Kranitz (Grafton, Wisconsin)

Richard Kranitz is an experienced attorney and business consultant in the areas of corporate, securities and tax planning for corporations, partnerships, joint ventures, limited liability companies, multi-unit enterprises, and a variety of different non-profit entities. In addition, he has counseled their owners and executives in compensation planning, estate plans, and asset protection.

Website: https://advicoach.com/rkranitz/
LinkedIn Profile: https://www.linkedin.com/in/richard-kranitz-63684b
Facebook: https://www.facebook.com/richard.kranitz.50
Attorney Profile: https://solomonlawguild.com/richard-a-kranitz-esq
Blog: https://richardkranitzblog.blogspot.com/
News at: https://hype.news/attorney-richard-a-kranitz/n-16281b97-6a6a-4de2-be3e-796f2da08677/stories

Richard A. Kranitz, Esq.
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NBC News: Microchips Implanted Into Employees Of Wisconsin Business, NBC Nightly News. Some employees of a small Wisconsin company injected a microchip


Source: EIN Presswire

Houston Attorney and Serial Entrepreneur Paul Sternberg Shares Insight on Online Defamation and Website Removal

Paul Sternberg

HOUSTON , TEXAS, UNITED STATES, January 30, 2019 /EINPresswire.com/ — Paul Sternberg is an attorney and serial entrepreneur in Houston, TX, who has spent years studying and providing helpful advice to clients impacted by online defamation. Below, he gives readers a few insights to what online defamation is and how it should be handled lawfully.

Over half of the entire world is online in some form or another1, making it the biggest watering hole of international communication in history. Over time, the internet has become an especially useful tool for improving businesses and creating a global reputation (whether professionally or personally). It’s easy to understand, then, that online attacks against people or businesses can cause serious lasting damage.

“Online defamation can be a major burden requiring a lot of time and energy to resolve,” says Paul Sternberg.

Without the help of hired professionals such as Paul Sternberg of Houston, tackling online defamation proves to be a struggle. However, understanding a few basic elements will help the attacked resolve issues and seek out the appropriate assistance with ease.

What is considered defamation?

Online defamation is a false or injurious statement made on the internet. It can appear as a post on social media or a comment made in a chat room. Online defamation can be found in group pages and on review websites like Ripoff Report and Pissed Consumer. Regardless of the platform it appears on, defamation can have detrimental results on a person’s or company’s reputation for years to come.

“The freedom of speech gives a person their right to speak their beliefs and opinions without fear of censorship or government interference,” says Sternberg. “However, that freedom is limited under certain circumstances.”

In order to fight online defamation and seek to remove its source, you must prove that the attack was performed with either malice or negligence in mind. Statements made with malice are knowingly false or display some reckless disregard of the truth. Negligence implies the failure to discover if there was any truth in the communication before publishing it in the first place.

Website Removal Due to Defamation

The first thing to understand is that the timing required to respond to defamation is sensitive. If too much time elapses before a libel lawsuit is filed, you can lose your right to a civil remedy. However, a case made in time with enough concrete evidence supporting defamatory statements can have a positive resolution.

Next, you must uncover the proper link source of the defamation (typically a URL link in the case of online defamation). Before you can ask Google to remove an associated comment or page, you have to provide the exact link without any typos or else the process can be delayed or even dismissed. This usually requires a Court Order.

If working with an attorney, it’s critical you provide them this link to use moving forward as it’s the source of the entire case. The attorney can then submit information via Google’s Legal Removal Requests webpage and start the ball rolling.

“Removing online defamation on your own is confusing and strenuous,” says Paul Sternberg of Houston, “so it’s highly recommended that every client contacts an experienced online defamation attorney as early on as possible.”

Citations
https://www.statista.com/statistics/617136/digital-population-worldwide/

THIS ARTICLE SHOULD NOT BE RELIED ON AS LEGAL ADVICE.
The author states and declares that this article is not legal advice, but a general
answer to a general question. The answer to the question (s) may not be suitable
for certain situations or persons. No attorney-client relationship or any relationship
is created by the purchase or use of this article. Additionally, article’s author makes
NO warranties whether expressed or implied of any kind. To discuss the your particular
situation Contact Attorney Paul Sternberg for a consultation at 713-392-4322.

Bryan Powers
Web Presence, LLC
+19413758866
email us here


Source: EIN Presswire

New York Passes ‘The Child Victims Act’ Re-opening the ability of survivors to hold wrongdoers accountable for 12 months

BOSTON, MA, USA, January 30, 2019 /EINPresswire.com/ — Boston, Mass., January 30, 2019 – Andrus Wagstaff, PC celebrates the passing of The Child Victims Act in New York on Monday, January 28, 2019. Change to the laws in New York has been long-overdue, as New York has an extensive history of being among the worst in the country at protecting the rights of survivors of child abuse. Fortunately, the law passed 63-0 in the Senate and shortly after passed through the Assembly.

The Child Victims Act extends New York’s statute of limitations to victims to seek civil action against their abusers and institutions that enabled them until they turn 55 years old. It also opens up a one-year, one-time-only period of time, to allow all victims to seek civil action, regardless of how long ago the abuse occurred.

“Finally survivors in New York have the ability to seek justice and accountability of abusers and others who turned a blind-eye, allowing minors to be assaulted,” said civil rights attorney, Kim Dougherty, of Andrus Wagstaff, PC. “It’s time to change culture and society and to provide survivors with a voice – it is through their strength, and our advocacy, that enables us to establish necessary change, whether it be through the Courts or legislation. It a true honor to represent survivors in this endeavor, to effectuate some of the most important change needed this century.”

Andrus Wagstaff, PC is here to help survivors find their voice, fight, and bring claims against wrongdoers. Survivors can pursue claims anonymously.

About Andrus Wagstaff
A national civil rights and mass tort law firm, Andrus Wagstaff, PC, has valuable experience helping clients with personal injury and abuse lawsuits. In addition to pursuing legal excellence through top verdicts and settlements, the firm prides itself on providing compassionate, personalized representation.

For more information about the firm, please contact Attorney Kim Dougherty at 508-230-2700 or visit the Andrus Wagstaff, PC website at www.andruswagstaff.com.

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LIndsey
Plant
+1 866-795-9529
email us here


Source: EIN Presswire