Tuesday, November 13, 2018

Workers' Compensation


Workers' Compensation
By Tatyana Bellamy-Walker

More than a century ago, pirates were some of the world’s first advocates for workers’ compensation. Known for their trademark eye patches and wooden legs, pirates were paid for loss of body parts. While hopefully, your career is not as dangerous as a pirate, if you’re injured on the job, first check out your state’s local protocol.

Workers’ compensation is an insurance or wage replacement offered to employees injured on the job. Under New York State law, workers’ compensation covers employees working in for-profit businesses and excludes most independent contractors. Independent contractors are self-employed workers and not employees.

After an injury, it’s important to first receive medical care from a health care provider designated by the Workers Compensation Board. Within 30 days of the incident, notify the employer in writing about the accident. Then file a claim for worker’s compensation and mail it to the nearest Workers Compensation Board.

Whether you slipped on a banana peel, inhaled toxic fumes or strained your back while lifting boxes, there are rules to remember when filing a claim. Depending on the laws in the state, after a claim, a worker might be drug tested. If the injury was caused by the intoxication, then the benefits can be denied.

On the other hand, small businesses cannot forgo workers’ compensation and may face high fines as well as lawsuits for doing so. Uber is currently facing a class action lawsuit after one of its California drivers was allegedly attacked on the job. Since Uber classifies workers as independent contractors, the driver is not required to receive workers’ compensation.

This is one of the drawbacks of Uber’s business model of employing independent contractors. While Uber can avoid insuring drivers, they also run the risks of costly lawsuits. This varies from state to state. In New York, however, Uber drivers are given workers’ compensation benefits under the Black Car Fund, which provides protection and insurance for drivers who are classified as independent contractors.

If an agency is concerned about the cost of workers’ compensation, the penalties for forgoing the costs are far worse. According to New York State’s Workers Board Employee Handbook, if you do not carry coverage and you have fewer than five employees within a 12-month period, then you risk a misdemeanor fine between $1,000 and $5,000. If you hire more than five employees and do not provide coverage it is a class D felony and you face a fine between $5,000 and $50,000.

If a business keeps inaccurate payroll records, that can affect workers’ compensation premiums, they may face a penalty of $2,000 for each ten-day period of non-compliance. These laws do not discriminate against celebrities either. In 2013, TMZ reported that Jim Carrey was fined $72,000 for not providing workers compensation for employees at a New York art studio.

Higher workers’ compensation premiums are most often seen in industries with more dangerous conditions such as construction zones, landscaping or other risk-prone locations.

Here are some quick tips for reducing your workers’ compensation premiums. First, establish and maintain a safety program to reduce work-related injuries. For example, some employers join a drug-free workplace program regulated under Code Rule 60 of New York State’s Department of Labor. In addition, it is important to be aware of fraudulent claims. If someone is out of work for a knee injury – an investigator might expose that they’re engaging in activities that impede on their safety. Lastly, consider joining a Professional Employer Organization (PEO) to assist in loss control and safety. They are experts in providing administrative support such as payroll processing and human resources. Reducing injuries not only ensures a safer work environment but allows the owner to build a profitable and sustainable business.

Saturday, November 3, 2018

How to Avoid Legal Trouble When Renting to Immigrants and Non-Citizens

How to Avoid Legal Trouble When Renting to Immigrants and Non-Citizens

By Tatyana Bellamy-Walker

Housing discrimination can take on many forms. According to the Fair Housing Act, landlords cannot project bias against non-citizens.
   Recently, in a one-hour live webinar, Douglas D. Chasick, the president of the Fair Housing Institute, instructed owners of multifamily housing properties, managers of multifamily properties, leasing agents and attorneys and other rental property advisors on ways to avoid violating U.S. Department of Housing and Urban Development (HUD) and fair housing rules.
   Chasick also advised how to avoid lawsuits from applicants and residents who claim you discriminated against them on the basis of national origin, the challenges of implementing a policy restricting residency to U.S. citizens and dealing with complaints arising from cultural differences among residents.
   With more than a million undocumented immigrants living in New York City, thousands live in apartments and may face discrimination. Local legislation, however, can protect undocumented tenants. According to New York City’s Human Rights Law, it is illegal for landlords to discriminate against tenants based on their actual or perceived immigration status.
   This includes threatening to deport tenants or report them to Immigration and Customs Enforcement (ICE), retaliating against non-citizens by refusing to make repairs to their apartments and requiring tenants to provide proof of citizenship or documentation detailing their immigration status.
   A couple in Massachusetts is all too familiar with how these laws pan out. When a landlord asked the wife of a prospective tenant, “Where are you from?” it sparked a $60,000 rental discrimination lawsuit. The Boston Fair Housing Commission issued $10,000 in emotional damages, $44,000 in attorney’s fees and costs and a $7,500 civil penalty against the broker.
   “While the fine was eventually reduced it was not by much,” Chasick said. “[the landlord] casually said where are you from? And [the prospective tenant] said “Venezuela.” The prospect and her husband went on to find an apartment a month later — the prospect found the question about her national origin insulting and upsetting.
   When landlords are renting to undocumented immigrants there are some protocols to follow. It is important not to single out applicants who may appear “undocumented” or foreign-born. For example, if an application does not call for a prospect’s driver’s license — do not inquire about a driver’s license from someone perceived to be undocumented. Also, you cannot ask for extra information, unless you ask all applicants for this information. It is recommended to keep records of screening information for all tenants and prospective renters if a lawsuit or fined is pinned to a landlord.
   For undocumented immigrants, it is usually difficult to run credit history and background checks. Experts at Landlord Forums.com recommend looking at the last twelve months of bank statements to see their payment history. A County’s Sheriff’s Office is a good place to look up criminal records, especially because it is public information. Also, it is less likely that undocumented immigrants will be late on their payments because at court hearings they may risk deportation.
   If an undocumented tenant is having an issue with a landlord, they should call the New York State Office of New American’s hotline at 1-800-566-7636 or file an online complaint to the Attorney General’s Office.To file a discrimination lawsuit, call the Law Offices of  Figeroux & Associates at 718-222-3155 to set up an appointment.