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While you may be tempted to rush to court to seek justice, it is important to first exhaust all other avenues of appeals.  If you fail to “exhaust administrative remedies” prior to commencing an action in court you may find yourself right back where you started. In municipal and land use law, administrative remedies are [...]
We all strive to meet the costs of day to day living and to build and protect our wealth for our families.  It is a natural extension of that financial management to work with an attorney to create an estate plan and a will or trust which will provide for our heirs, avoid conflict and [...]
If you are a private sector employer in the state of New York with at least 1 employee, on January 1, 2018 you became obligated to comply with the New York Paid Family Leave Benefits Law (“Paid Family Leave Law”). The following is a list of things you should consider to make sure you are [...]
Sexual harassment is a term that describes unwelcomed sexual advances, requests for sexual favors and/or other verbal or physical conduct of a sexual nature. With the recent focus on sexual harassment in the media, it is now more important than ever that employers take proactive measures to promote a sexual harassment free workplace and promptly [...]
Determining whether individuals are “independent contractors” or “employees” can be tricky. Yet the stakes are high, as a misclassification can lead to costly penalties and fines.  As such, it’s important to “get it right.”  Merely calling an individual an “employee” does not make it so. The independent contractor versus employee inquiry focuses on the “right [...]
In reading the news, it is probable that students in New York State will seek to protest surrounding issues of school safety and gun access. Given this, it is a good time to remember what First Amendment rights students have and what actions school districts can and cannot take when faced with students’ protests. In [...]
Each year, the American Society of News Editors and Reporters Committee for Freedom of the Press organizes what is known as “Sunshine Week” — a nationwide call to action for journalists, educators, elected and appointed officials and private citizens to promote transparency and good government.  This year, in anticipation of Sunshine Week, which is to [...]
Only three states, New Jersey, Maine and Colorado, require schools to permit students to use medical marijuana in school in accordance with those states’ laws.  A fourth state, Washington, permits schools to decide whether or not to allow students to use medical marijuana.  But one eleven year old girl in Illinois will now also be [...]
In two recent cases, the Appellate Division, Second Department, overturned determinations that a Supplemental Environmental Impact Statement (SEIS) was not required under SEQRA. The cases provide helpful illustrations of the type of new information and changed circumstances that lead agencies cannot overlook when determining whether an SEIS is required. In Shapiro v. Planning Bd. of [...]
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