Orignal Story: TheSpec.com
WASHINGTON — The wisdom about divorce in America goes something like this: the sexual revolution sparked a sharp rise in the divorce rate from 1950 until about 1980, leading to the famous formulation that half of all American marriages would end in an uncoupling, conscious or otherwise. But in the 1980s, the divorce rate began to decline. Economists Betsey Stevenson and Justin Wolfers summed it up thusly in 2011: "Couples marrying after the 1970s were better calibrated about how their family life would play out and were likely better matched for a life together based upon modern gender roles. As such, they were likely in a better position to have their marriages survive than were those marrying in the 1970s." In Michigan a Novi Divorce Lawyer is closely following this trend.
But a new paper out this month from demographers at the University of Minnesota challenges the traditional narrative. Sheela Kennedy and Stephen Ruggles have found that the divorce rate hasn't declined since 1980, it has only flattened. And when they controlled for changes in the age composition of the married population (the U.S. population was younger in 1980, and younger couples have a higher risk for divorce), they found that the age-standardized divorce rate has actually risen by an astonishing 40 percent since then. A Newark Family Lawyer is not surprised by these statistics.
To make a long methodology short, the United States has done an uneven and often inadequate job collecting divorce data over the decades. The Census Bureau, noting this "long-standing void in data on marriages and divorces," added a battery of marriage and divorce-related questions to the American Community Survey in 2008. This paper is part of a first wave of research capitalizing on the new data and the new methods of analysis it allows. An Oklahoma City Family Lawyer questions the accuracy of the data pulled.
A key point is that the rise of divorce has not occurred evenly across all age groups. A chart, "As they age, Boomers continue to get divorced," included in the study looked at what the authors call the prevalence of marital instability, which they define as "the percentage of ever-married persons who have ever been divorced or separated." The line for 1970 is comparatively flat—there wasn't much of a difference in the prevalence of divorce between young people and older people. But starting with the 1980 line you can see a bulge forming at the younger end of the age spectrum as the baby boomers started divorcing. Looking at the lines for 1995 and 2010, you can watch this bulge shift rightward as the boomers age: "The same people who had unprecedented divorce incidence in 1980 and 1990 when they were in their 20s and 30s are now in their 40s, 50s, and 60s. The Baby Boom generation was responsible for the extraordinary rise in marital instability after 1970. They are now middle-aged, but their pattern of high marital instability continues." A Canadian County Family Lawyer has been observing these same trends.
The flipside of this finding is the relative rarity of divorce among younger Americans today. This is likely due to a variety of reasons: people are waiting longer to get married, and cohabitation is on the rise. In the 1970s, a couple might get married at 25 and be divorced by 30. But today, that same couple would be more likely to simply live together for a few years and then head their separate ways when things go south. A Dearborn Family Lawyer is also monitoring this trend.
As an assessment of the health of American marriages, these findings cut two ways. On one hand, a divorce is a far more disruptive and messy life event than simply moving out of your partner's apartment. In that sense you have to applaud the wisdom of today's twenty- and thirty-somethings for taking their time before tying the knot. But as Reihan Salam notes at the National Review, cohabitating relationships sometimes produce children. And whether they happen via cohabitation or divorce, split-ups are bad for kids, studies have shown. A Calhoun County Divorce Lawyer agrees that divorce is hard on everyone.
Thursday, April 3, 2014
Suspect in drunken driving death asks for a trial after getting 'no offer' for plea
Original story: MLive.com
GRAND RAPIDS, MI – For a man accused of a drunken driving crash that killed a mother of five, the best deal prosecutors will offer for his plea is that they won’t tell the judge how harsh a sentence he should impose. A Lansing DUI Lawyer is analyzing the case.
And that deal wasn't good enough for Jay Charles Hobbs, who is charged with drunken driving causing death and leaving the scene of a fatal crash in the Feb. 15 death of Tonya Beha.
Hobbs, a Lowell resident, was in Kent County Circuit Court on Wednesday, April 2, and heard Assistant Kent County Prosecutor Kevin Bramble's offer that authorities would not take a position on the sentencing if the suspect pleaded guilty to the charges that carry a 15-year maximum sentence.
Bramble said the prosecution would still argue against any reduction in sentencing guideline calculations and also would demand the opportunity for a victim impact statement.
“We view that, essentially, as no offer so we would respectfully request a trial date,” defense attorney John Grace said.
Police say 48-year-old Hobbs was driving a Chevrolet truck that struck Beha while she pushed a van that ran out of gas on Feb. 15. Beha was pushing the van on Alden Nash Road SE on the bridge over I-96 when she was struck, according to the Kent County Sheriff’s Department. A Shiawassee County DUI Lawyer is also investigating this matter.
Beha, a 36-year-old mother of five children, died at the scene. She lived in Lake Odessa.
Police say Hobbs got out of his truck and ran away from the crash site, but was quickly captured in a wooded area to the south. Hobbs has a previous drunk driving conviction from 2011.
No date has been set for the trial.
Hobbs is free on a $30,000 bond.
GRAND RAPIDS, MI – For a man accused of a drunken driving crash that killed a mother of five, the best deal prosecutors will offer for his plea is that they won’t tell the judge how harsh a sentence he should impose. A Lansing DUI Lawyer is analyzing the case.
And that deal wasn't good enough for Jay Charles Hobbs, who is charged with drunken driving causing death and leaving the scene of a fatal crash in the Feb. 15 death of Tonya Beha.
Hobbs, a Lowell resident, was in Kent County Circuit Court on Wednesday, April 2, and heard Assistant Kent County Prosecutor Kevin Bramble's offer that authorities would not take a position on the sentencing if the suspect pleaded guilty to the charges that carry a 15-year maximum sentence.
Bramble said the prosecution would still argue against any reduction in sentencing guideline calculations and also would demand the opportunity for a victim impact statement.
“We view that, essentially, as no offer so we would respectfully request a trial date,” defense attorney John Grace said.
Police say 48-year-old Hobbs was driving a Chevrolet truck that struck Beha while she pushed a van that ran out of gas on Feb. 15. Beha was pushing the van on Alden Nash Road SE on the bridge over I-96 when she was struck, according to the Kent County Sheriff’s Department. A Shiawassee County DUI Lawyer is also investigating this matter.
Beha, a 36-year-old mother of five children, died at the scene. She lived in Lake Odessa.
Police say Hobbs got out of his truck and ran away from the crash site, but was quickly captured in a wooded area to the south. Hobbs has a previous drunk driving conviction from 2011.
No date has been set for the trial.
Hobbs is free on a $30,000 bond.
Tuesday, April 1, 2014
Cancer victims win $190 million in asbestos case — the ‘largest ever’ judgment of its kind in New York City
Story originally appeared in BBC.com.
Five cancer victims won a whopping $190 million verdict in an asbestos case against two boiler companies.
Unfortunately, only two of the five plaintiffs lived to see their victory. The three other tradesmen died from mesothelioma, an aggressive cancer caused by asbestos exposure.
The law firm that represented the men, says the judgment is the largest ever of its type in New York City. A San Francisco Asbestos Lawyer may be called into the case for expert testimony.
After an 11-week trial, a Manhattan Supreme Court jury came to the verdict Tuesday, having found the national companies — Burnham and Cleaver-Brooks — acted with reckless disregard for human life.
The men toiled as steamfitters, plumbers and construction workers, but were not warned of the dangers related to the exposure to the deadly material.
“These tragedies shouldn’t have happened,” said their attorney, Daniel Kraft Jr. “I hope this verdict sends a message that corporations’ recklessness has a very real impact on people’s lives.”
One of the surviving victims, Paul Levy, of New Jersey, was exposed to asbestos while fitting pipes on aircraft carriers like the USS Constellation in the Brooklyn Navy Yard. He and his wife Roslyn Levy won a $60 million portion of the verdict.
The same amount went to Cesar Serna of Howard Beach, Queens. Families of the three deceased workers—Robert Brunk, Santos Assenzio and Raymond Vincent — were awarded between $20 and $30 million.
Kraft’s firm gets 30 percent of the verdict as a fee.
Lawyers and reps for the companies did not return messages for comment.
Five cancer victims won a whopping $190 million verdict in an asbestos case against two boiler companies.
Unfortunately, only two of the five plaintiffs lived to see their victory. The three other tradesmen died from mesothelioma, an aggressive cancer caused by asbestos exposure.
The law firm that represented the men, says the judgment is the largest ever of its type in New York City. A San Francisco Asbestos Lawyer may be called into the case for expert testimony.
After an 11-week trial, a Manhattan Supreme Court jury came to the verdict Tuesday, having found the national companies — Burnham and Cleaver-Brooks — acted with reckless disregard for human life.
The men toiled as steamfitters, plumbers and construction workers, but were not warned of the dangers related to the exposure to the deadly material.
“These tragedies shouldn’t have happened,” said their attorney, Daniel Kraft Jr. “I hope this verdict sends a message that corporations’ recklessness has a very real impact on people’s lives.”
One of the surviving victims, Paul Levy, of New Jersey, was exposed to asbestos while fitting pipes on aircraft carriers like the USS Constellation in the Brooklyn Navy Yard. He and his wife Roslyn Levy won a $60 million portion of the verdict.
The same amount went to Cesar Serna of Howard Beach, Queens. Families of the three deceased workers—Robert Brunk, Santos Assenzio and Raymond Vincent — were awarded between $20 and $30 million.
Kraft’s firm gets 30 percent of the verdict as a fee.
Lawyers and reps for the companies did not return messages for comment.
Tina Fey hit with $79,000 judgment for failing to pay workers compensation insurance: court docs
Story originally appeared in MYDailyNews.com.
Television star Tina Fey was hit with a $79,000 judgment by the New York State Workers Compensation Board in court documents posted this week in Manhattan court, but the “Bossypants” author insisted Friday that she is up to date with her payments to the state. Tina may need the services of a San Francisco Workers Compensation Lawyer that specializes in workers comp claims in California.
Court papers show that the state sent Fey a bill in February indicating that she owed the $79,000 for a period covering Nov. 20, 2012 through Feb. 2, 2014.
The bill was sent to 125 W. 55 St.
An aide said that is the address of Fey’s accountant, who moved out of those offices six years ago.
Fey’s spokeswoman Cara Tripicchio said the “30 Rock” star “has proper and current insurance covering all employees and at no time has worker's compensation payment lapsed.
“The confusion seems to be a result of a clerical error with the NYS WC Board,” she said.
“They have been sending notifications to an old address for an accountant that moved offices almost six years ago.”
Tripicchio said state officials could have “avoided this unnecessary situation,” if they had just requested “verification of paperwork, that does exist and is readily available” to prove Fey has a current insurance policy on her employees.
There was no immediate response to Fey's claim from the governor's press office.
Television star Tina Fey was hit with a $79,000 judgment by the New York State Workers Compensation Board in court documents posted this week in Manhattan court, but the “Bossypants” author insisted Friday that she is up to date with her payments to the state. Tina may need the services of a San Francisco Workers Compensation Lawyer that specializes in workers comp claims in California.
Court papers show that the state sent Fey a bill in February indicating that she owed the $79,000 for a period covering Nov. 20, 2012 through Feb. 2, 2014.
The bill was sent to 125 W. 55 St.
An aide said that is the address of Fey’s accountant, who moved out of those offices six years ago.
Fey’s spokeswoman Cara Tripicchio said the “30 Rock” star “has proper and current insurance covering all employees and at no time has worker's compensation payment lapsed.
“The confusion seems to be a result of a clerical error with the NYS WC Board,” she said.
“They have been sending notifications to an old address for an accountant that moved offices almost six years ago.”
Tripicchio said state officials could have “avoided this unnecessary situation,” if they had just requested “verification of paperwork, that does exist and is readily available” to prove Fey has a current insurance policy on her employees.
There was no immediate response to Fey's claim from the governor's press office.
EM Orr admits missteps on road to Detroit bankruptcy
Story originally appeared on DetroitNews.com.
Detroit— Kevyn Orr had a quick comeback recently when a disgruntled banker abruptly approached him at a New York City restaurant.
“We’re going to punish you,” Orr said the man told him, referring to Detroit’s increasingly hard line on banks and bondholders in its historic bankruptcy. A Tulsa Bankruptcy Lawyer is watching the case closely.
But the high-profile Washington, D.C., bankruptcy attorney responded with a story about life in the city he was tapped to run as emergency manager one year ago Friday.
Orr, 55, told the banker standing over his table about a little girl he saw on Seven Mile one evening in November, waiting for a bus ride home from school that would likely take her to a blighted neighborhood with broken streetlights.
“None of us would let our children live that way — and that is the life of the children in this city,” Orr, a father of two, recalled telling the speechless banker, whom he declined to identify.
In a wide-ranging interview this week with The Detroit News, Orr said the conversation speaks to the enormity of the task before him: fixing the finances of a city mired in poverty, crime, blight and a dwindling populace that can’t pay its bills while juggling demands from creditors that they be paid in full.
But Orr acknowledged for the first time that he miscalculated the willingness of Detroit’s creditors to take enormous losses for the good of the city’s future.
“How can you drive through the city and not see the needs?” Orr asked. “I’m still surprised. ... I should probably have been a little bit more skeptical about the ability of the stakeholders to see things the way I see things. Their prism is different than my prism.”
After 12 months at the helm during one the most tumultuous periods in Detroit’s 208-year history, Orr acknowledges he didn’t move fast enough last spring to tackle city services, such as outsourcing trash pickup to private firms.
Orr says he spent too much time analyzing the city’s finances — which teams of consultants had already done for then-Mayor Dave Bing — during the lead-up to his decision to take the city into bankruptcy in July.
“Looking back on it, I probably should have accepted what I was reading with more confidence,” said Orr, who is working for Gov. Rick Snyder under an appointment that will presumably end in September.
Dealing with opposition
After a year of living in the Book Cadillac hotel and flying home to see his family in Maryland on weekends, Orr is poised to deliver major changes to the way city government works — or doesn’t — for the 700,000 citizens of Michigan’s largest city.
Orr’s plan to shed billions of dollars in debt asks U.S. Bankruptcy Judge Steven Rhodes to approve what was once unthinkable in municipal bankruptcy: Reduce monthly pension checks to retirees and walk away from hundreds of millions of dollars owed on general obligation bonds that were used, in part, to mask annual budget deficits.
“We are going to receive violent opposition to our plan at a confirmation hearing by the creditor corps,” Orr said of opposition from bond insurers.
Orr’s proposed cures for city government — including a $1.5 billion, 10-year reinvestment plan — remain largely tied up in his bankruptcy reorganization plan that goes on trial this summer.
James Spiotto, a Chicago bankruptcy attorney and municipal financial adviser, said Orr made a misstep last summer by pushing the city’s pension funds and bondholders to accept as little as 10 cents for every dollar owed before he sought to generate support for fixing city services.
Orr wants to cut debt to free up cash to tear down abandoned homes, upgrade archaic city computer systems and buy trucks and equipment for police, fire and emergency services. But he should have focused on that before laying out devastating options for creditors, Spiotto said.
“I think he used more of a corporate bankruptcy approach than a municipal bankruptcy approach, where you need to bring buy-in,” Spiotto said. “Generally from past experiences, you start with a recovery plan and try to get buy-in. It’s sometimes a far better way than announcing a plan and telling people, ‘you’re going to get 10 cents on the dollar.’”
Orr admits he wrongly assumed the city’s creditors would be much more willing to reach agreements.
But he remains optimistic city retirees will accept a $815 million rescue package of state and private pledges to limit the reductions in future pensions for some 23,000 retirees and 10,000 current workers.
In exchange for settling now, police and firefighters would get a 4 percent cut in their monthly pensions and non-uniform general employees would get a 26 percent reduction — with no cost-of-living increases for at least a decade.
The deal on the table for retirees is far better than the 20 cents on the dollar Orr was offering the city’s pension funds last June. Orr said that’s a result of political, legal and judicial pressures the city faced to find a way to avoid a protracted court battle over pensions.
“We got pressure from a lot of fronts … and we listened to it,” Orr said.
'Public enemy No. 1'
Orr’s strategy for fast-tracking Detroit’s bankruptcy has faced setbacks in recent months. He acknowledges he’s a “little bit off schedule,” largely due to “push back” from the judge. Rhodes has twice rejected early settlements Orr hatched with two banks.
In a message that appeared aimed at Orr, Rhodes ruled from the bench Jan. 16 that he would not “perpetuate hasty and imprudent financial decision-making.”
“It just seems to me like this has not been a fun exercise for Kevyn Orr, and Judge Rhodes has not followed what people would have scripted to have been the playbook for this case,” said David Tawil, a New York hedge fund manager and former bankruptcy attorney who studied under Rhodes at the University of Michigan.
The city recently cut a third deal with UBS AG and Bank of America to settle a troubled pension debt for $85 million — about $145 million less than Orr originally agreed to last summer. Rhodes will consider the new deal at an April 3 hearing.
But the latest settlement came after Rhodes encouraged the city to bring him a lawsuit challenging the legality of the complex interest rate swaps debt. Orr said he made a legal calculation to settle the debt and avoid an expensive courtroom battle with the banks, while freeing up access to $15 million in monthly casino tax revenues that the banks have a lien on. The tax implications of the municipal bankruptcy is also being followed closely by a Tulsa Tax Lawyer.
But Orr’s preference to settle the debt continues to baffle some financial experts and inflames community activists who say it shows he’s more friendly with the banks than he publicly portrays.
“What’s hard to reconcile for a city that doesn’t have any money is that plaintiffs with good legal cases don’t typically write eight-figure checks to settle,” said Patrick O’Keefe, a Bloomfield Hills financial consultant.
Jerome Goldberg, an attorney representing a single city retiree, David Sole, said “it’s still an outrage” that Orr has declined to confront the banks in court.
“If you’re really serious about bringing the city back, let’s go after those who hurt the city,” Goldberg said.
But based on the vitriol being lobbed at him from Wall Street and the random banker in New York, Orr says “I don’t feel like a friend of the banks in any fashion.”
“Apparently I guess I’m on the walls of bathrooms or public enemy No. 1 over there (on Wall Street),” Orr said. “I’ve developed some callus at this point to criticism. But I’m still a little frustrated with folks who don’t realize the needs of the city.”
Detroit— Kevyn Orr had a quick comeback recently when a disgruntled banker abruptly approached him at a New York City restaurant.
“We’re going to punish you,” Orr said the man told him, referring to Detroit’s increasingly hard line on banks and bondholders in its historic bankruptcy. A Tulsa Bankruptcy Lawyer is watching the case closely.
But the high-profile Washington, D.C., bankruptcy attorney responded with a story about life in the city he was tapped to run as emergency manager one year ago Friday.
Orr, 55, told the banker standing over his table about a little girl he saw on Seven Mile one evening in November, waiting for a bus ride home from school that would likely take her to a blighted neighborhood with broken streetlights.
“None of us would let our children live that way — and that is the life of the children in this city,” Orr, a father of two, recalled telling the speechless banker, whom he declined to identify.
In a wide-ranging interview this week with The Detroit News, Orr said the conversation speaks to the enormity of the task before him: fixing the finances of a city mired in poverty, crime, blight and a dwindling populace that can’t pay its bills while juggling demands from creditors that they be paid in full.
But Orr acknowledged for the first time that he miscalculated the willingness of Detroit’s creditors to take enormous losses for the good of the city’s future.
“How can you drive through the city and not see the needs?” Orr asked. “I’m still surprised. ... I should probably have been a little bit more skeptical about the ability of the stakeholders to see things the way I see things. Their prism is different than my prism.”
After 12 months at the helm during one the most tumultuous periods in Detroit’s 208-year history, Orr acknowledges he didn’t move fast enough last spring to tackle city services, such as outsourcing trash pickup to private firms.
Orr says he spent too much time analyzing the city’s finances — which teams of consultants had already done for then-Mayor Dave Bing — during the lead-up to his decision to take the city into bankruptcy in July.
“Looking back on it, I probably should have accepted what I was reading with more confidence,” said Orr, who is working for Gov. Rick Snyder under an appointment that will presumably end in September.
Dealing with opposition
After a year of living in the Book Cadillac hotel and flying home to see his family in Maryland on weekends, Orr is poised to deliver major changes to the way city government works — or doesn’t — for the 700,000 citizens of Michigan’s largest city.
Orr’s plan to shed billions of dollars in debt asks U.S. Bankruptcy Judge Steven Rhodes to approve what was once unthinkable in municipal bankruptcy: Reduce monthly pension checks to retirees and walk away from hundreds of millions of dollars owed on general obligation bonds that were used, in part, to mask annual budget deficits.
“We are going to receive violent opposition to our plan at a confirmation hearing by the creditor corps,” Orr said of opposition from bond insurers.
Orr’s proposed cures for city government — including a $1.5 billion, 10-year reinvestment plan — remain largely tied up in his bankruptcy reorganization plan that goes on trial this summer.
James Spiotto, a Chicago bankruptcy attorney and municipal financial adviser, said Orr made a misstep last summer by pushing the city’s pension funds and bondholders to accept as little as 10 cents for every dollar owed before he sought to generate support for fixing city services.
Orr wants to cut debt to free up cash to tear down abandoned homes, upgrade archaic city computer systems and buy trucks and equipment for police, fire and emergency services. But he should have focused on that before laying out devastating options for creditors, Spiotto said.
“I think he used more of a corporate bankruptcy approach than a municipal bankruptcy approach, where you need to bring buy-in,” Spiotto said. “Generally from past experiences, you start with a recovery plan and try to get buy-in. It’s sometimes a far better way than announcing a plan and telling people, ‘you’re going to get 10 cents on the dollar.’”
Orr admits he wrongly assumed the city’s creditors would be much more willing to reach agreements.
But he remains optimistic city retirees will accept a $815 million rescue package of state and private pledges to limit the reductions in future pensions for some 23,000 retirees and 10,000 current workers.
In exchange for settling now, police and firefighters would get a 4 percent cut in their monthly pensions and non-uniform general employees would get a 26 percent reduction — with no cost-of-living increases for at least a decade.
The deal on the table for retirees is far better than the 20 cents on the dollar Orr was offering the city’s pension funds last June. Orr said that’s a result of political, legal and judicial pressures the city faced to find a way to avoid a protracted court battle over pensions.
“We got pressure from a lot of fronts … and we listened to it,” Orr said.
'Public enemy No. 1'
Orr’s strategy for fast-tracking Detroit’s bankruptcy has faced setbacks in recent months. He acknowledges he’s a “little bit off schedule,” largely due to “push back” from the judge. Rhodes has twice rejected early settlements Orr hatched with two banks.
In a message that appeared aimed at Orr, Rhodes ruled from the bench Jan. 16 that he would not “perpetuate hasty and imprudent financial decision-making.”
“It just seems to me like this has not been a fun exercise for Kevyn Orr, and Judge Rhodes has not followed what people would have scripted to have been the playbook for this case,” said David Tawil, a New York hedge fund manager and former bankruptcy attorney who studied under Rhodes at the University of Michigan.
The city recently cut a third deal with UBS AG and Bank of America to settle a troubled pension debt for $85 million — about $145 million less than Orr originally agreed to last summer. Rhodes will consider the new deal at an April 3 hearing.
But the latest settlement came after Rhodes encouraged the city to bring him a lawsuit challenging the legality of the complex interest rate swaps debt. Orr said he made a legal calculation to settle the debt and avoid an expensive courtroom battle with the banks, while freeing up access to $15 million in monthly casino tax revenues that the banks have a lien on. The tax implications of the municipal bankruptcy is also being followed closely by a Tulsa Tax Lawyer.
But Orr’s preference to settle the debt continues to baffle some financial experts and inflames community activists who say it shows he’s more friendly with the banks than he publicly portrays.
“What’s hard to reconcile for a city that doesn’t have any money is that plaintiffs with good legal cases don’t typically write eight-figure checks to settle,” said Patrick O’Keefe, a Bloomfield Hills financial consultant.
Jerome Goldberg, an attorney representing a single city retiree, David Sole, said “it’s still an outrage” that Orr has declined to confront the banks in court.
“If you’re really serious about bringing the city back, let’s go after those who hurt the city,” Goldberg said.
But based on the vitriol being lobbed at him from Wall Street and the random banker in New York, Orr says “I don’t feel like a friend of the banks in any fashion.”
“Apparently I guess I’m on the walls of bathrooms or public enemy No. 1 over there (on Wall Street),” Orr said. “I’ve developed some callus at this point to criticism. But I’m still a little frustrated with folks who don’t realize the needs of the city.”
McDonald's stole wages, workers' lawsuits say
Story originally appeared in USAToday.com.
NEW YORK — McDonald's workers in three states filed lawsuits against the fast-food chain this week, saying the company engages in a variety of practices to avoid paying them what they're owed.
The suits in California, Michigan and New York against McDonald's Corp. and its franchisees come amid growing attention on the country's widening wealth gap and pay practices in low-wage sectors. While the labor violations outlined in the suit aren't specific to McDonald's, lawyers said they targeted the company because it's an industry leader. A Hudson Valley Employment Lawyer said this is a huge problem.
Taken together, the suits seeking class action status could affect roughly 30,000 workers, lawyers said in a conference call arranged by organizers of the recent fast-food protests. The suits seek back pay and other damages.
The suits were announced the same day President Obama was expected to call for stricter rules on overtime pay. The White House, Democratic lawmakers and labor organizers have also been pushing to raise the federal minimum wage to $10.10 an hour, which translates to roughly $21,000 a year for full-time work. The current federal minimum wage is $7.25 an hour, or $15,000 a year. A Texas Employment Lawyer is watching the case closely.
McDonald's, based in Oak Brook, Ill., said in a statement that it is investigating the allegations and will take any necessary actions.
"McDonald's and our independent owner-operators share a concern and commitment to the well-being and fair treatment of all people who work in McDonald's restaurants," the company said.
The lawsuits detail a range of violations, including the use of software that monitors the ratio of labor costs as a percentage of revenue. When that ratio climbs above a target, attorneys say workers are forced to wait around before they can clock in. In Michigan, lawyers said workers have to pay for their own uniforms, which further eats into their already low wages. A Corpus Christi Employment Lawyer said this is not a fair.
The six lawsuits and one amended lawsuit announced Thursday include both franchise-owned and company-owned restaurants. McDonald's Corp. is named in all the suits, however, because lawyers say the company exerts control over staffing at all its locations.
"There are a number of ways the two seem to work together," said Joseph Sellers, one of the attorneys representing workers, in reference to the relationship between the company and its franchisees.
The vast majority of the more than 14,000 McDonald's restaurants in the U.S. are owned by franchisees.
Workers named in the suits were referred to attorneys by the group behind the recent fast-food protests that have popped up around the country. The Service Employees International Union has been providing financial and organizational support to the push. A McAllen Employment Lawyer said the employees definitly have a good case.
A representative for BerlinRosen, the public relations agency coordinating media efforts for both the fast-food protests and the lawsuits, said the timing of the announcement on the same day as Obama's overtime proposals was coincidental.
One of the suits was filed in New York, two were filed in Michigan and three were filed in California. An amendment to an existing lawsuit in California was expected to be filed Thursday.
NEW YORK — McDonald's workers in three states filed lawsuits against the fast-food chain this week, saying the company engages in a variety of practices to avoid paying them what they're owed.
The suits in California, Michigan and New York against McDonald's Corp. and its franchisees come amid growing attention on the country's widening wealth gap and pay practices in low-wage sectors. While the labor violations outlined in the suit aren't specific to McDonald's, lawyers said they targeted the company because it's an industry leader. A Hudson Valley Employment Lawyer said this is a huge problem.
Taken together, the suits seeking class action status could affect roughly 30,000 workers, lawyers said in a conference call arranged by organizers of the recent fast-food protests. The suits seek back pay and other damages.
The suits were announced the same day President Obama was expected to call for stricter rules on overtime pay. The White House, Democratic lawmakers and labor organizers have also been pushing to raise the federal minimum wage to $10.10 an hour, which translates to roughly $21,000 a year for full-time work. The current federal minimum wage is $7.25 an hour, or $15,000 a year. A Texas Employment Lawyer is watching the case closely.
McDonald's, based in Oak Brook, Ill., said in a statement that it is investigating the allegations and will take any necessary actions.
"McDonald's and our independent owner-operators share a concern and commitment to the well-being and fair treatment of all people who work in McDonald's restaurants," the company said.
The lawsuits detail a range of violations, including the use of software that monitors the ratio of labor costs as a percentage of revenue. When that ratio climbs above a target, attorneys say workers are forced to wait around before they can clock in. In Michigan, lawyers said workers have to pay for their own uniforms, which further eats into their already low wages. A Corpus Christi Employment Lawyer said this is not a fair.
The six lawsuits and one amended lawsuit announced Thursday include both franchise-owned and company-owned restaurants. McDonald's Corp. is named in all the suits, however, because lawyers say the company exerts control over staffing at all its locations.
"There are a number of ways the two seem to work together," said Joseph Sellers, one of the attorneys representing workers, in reference to the relationship between the company and its franchisees.
The vast majority of the more than 14,000 McDonald's restaurants in the U.S. are owned by franchisees.
Workers named in the suits were referred to attorneys by the group behind the recent fast-food protests that have popped up around the country. The Service Employees International Union has been providing financial and organizational support to the push. A McAllen Employment Lawyer said the employees definitly have a good case.
A representative for BerlinRosen, the public relations agency coordinating media efforts for both the fast-food protests and the lawsuits, said the timing of the announcement on the same day as Obama's overtime proposals was coincidental.
One of the suits was filed in New York, two were filed in Michigan and three were filed in California. An amendment to an existing lawsuit in California was expected to be filed Thursday.
Teacher Fired For Pregnancy Outside of Marriage
Story originally appeared on ajc.com.
More than 20,000 people from across the U.S. are rallying behind a Montana middle school teacher who was fired for getting pregnant out of wedlock.
"Shaela Evenson says Butte Central Catholic School fired her last month. Yesterday Catholics delivered petitions with more than 20,000 signatures to the Helena Diocese." (Via KBZK)
Social justice group Faithful America started the petition to get Evenson her job back, saying, "Firing an unmarried teacher for becoming pregnant is cruel and hypocritical." The group has already surpassed its goal of 15,000 signatures.
The petition was sent to Bishop George Leo Thomas, of the Roman Catholic Diocese of Helena, on Feb 27. But a parishioner told USA Today she doesn't think it will cause the diocese to change its decision.
"The only way that change could be made is if (Pope) Francis himself came and asked for that change to be made, and I doubt that would happen."
The school's superintendent told The Montana Standard that the Catholic Diocese of Helena was in the right to fire Evenson, saying:
"[Evenson] 'made a willful decision to violate the terms of her contract,' which requires her to follow Catholic teachings in both her personal and professional life..."
According to New York Daily News, teachers at Butte Central have morality clauses in their contracts. Behavior that goes against church teachings like having same-sex relationships, getting an abortion or becoming pregnant outside of marriage is not allowed.
But if Evenson were to ever take her firing to court, she might have a leg to stand on. A Montana law protects people from discrimination on the basis of marital status. (Via Montana Department of Labor & Industry)
A similar case occurred back in 2010. The Huffington Post says unwed Catholic school teacher Christa Dias used artificial insemination to get pregnant.
"She was fired by the Archdiocese of Cincinnati, but took it to court. And a jury found that she'd been discriminated against. Dias ended up with $170,000 when the case was finished."? (Via KECI)
KECI reports Evenson, who is eight months pregnant, has hired the same law firm that represented Dias. Evenson's attorney says her client will file a discrimination charge against her employer.
More than 20,000 people from across the U.S. are rallying behind a Montana middle school teacher who was fired for getting pregnant out of wedlock.
"Shaela Evenson says Butte Central Catholic School fired her last month. Yesterday Catholics delivered petitions with more than 20,000 signatures to the Helena Diocese." (Via KBZK)
Social justice group Faithful America started the petition to get Evenson her job back, saying, "Firing an unmarried teacher for becoming pregnant is cruel and hypocritical." The group has already surpassed its goal of 15,000 signatures.
The petition was sent to Bishop George Leo Thomas, of the Roman Catholic Diocese of Helena, on Feb 27. But a parishioner told USA Today she doesn't think it will cause the diocese to change its decision.
"The only way that change could be made is if (Pope) Francis himself came and asked for that change to be made, and I doubt that would happen."
The school's superintendent told The Montana Standard that the Catholic Diocese of Helena was in the right to fire Evenson, saying:
"[Evenson] 'made a willful decision to violate the terms of her contract,' which requires her to follow Catholic teachings in both her personal and professional life..."
According to New York Daily News, teachers at Butte Central have morality clauses in their contracts. Behavior that goes against church teachings like having same-sex relationships, getting an abortion or becoming pregnant outside of marriage is not allowed.
But if Evenson were to ever take her firing to court, she might have a leg to stand on. A Montana law protects people from discrimination on the basis of marital status. (Via Montana Department of Labor & Industry)
A similar case occurred back in 2010. The Huffington Post says unwed Catholic school teacher Christa Dias used artificial insemination to get pregnant.
"She was fired by the Archdiocese of Cincinnati, but took it to court. And a jury found that she'd been discriminated against. Dias ended up with $170,000 when the case was finished."? (Via KECI)
KECI reports Evenson, who is eight months pregnant, has hired the same law firm that represented Dias. Evenson's attorney says her client will file a discrimination charge against her employer.
One Florida teen's Facebook post cost her dad $80,000
Story originally appeared on ajc.com.
Dana Snay's fatther, Patrick Snay, had settled an age discrimination case with his former emmployer for that exact amount, after which his daughter posted to Facebook: "Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."
Patrick Snay had been the headmaster at Gulliver Preparatory School in Miami for years unitl the school decided not to renew his contract back in 2010. The Miami Herald reports Partrik Snay, now 69, claimed age discrimination and retaliation involving his daughter in a subsequent lawsuit against the school.
The school settled with Patrick Snay for $80,000 with the stipulation that he and his wife not discuss the suit with anyone. Clearly his daughter didn't get the memo about confidentiality. Her post made the rounds among her friends, who are current and former students at the school, before reaching the school's attorneys, who then told the family they violated the deal.
Patrick Snay's defense - he says he had to tell his daughter because she suffered "psychological scars" from undisclosed issues shed's had at the school. Despite Snay winning another ruling enforcing the settlement, the school appealed and won. Patrick Sany has the option to appeal that ruling, but an attorney tells Yahoo! he likely won't be getting any of the money back. And about that European vacation? Probably not going to happen. Facebook posts have landed other in trouble before, like an Oregon teen who was arrested last year after police were tipped off out his post that revealed he was drinking and driving.
So we'll leave you with a bit of perhaps obvious advice.
Best put by Slate's Katy Waldman to fellow millennials: "Don not boast. Do not mess with attorneys. Do not overshare on social media..."
Graco Adds 403,000 Child Seats To Recall
DETROIT (AP) — Graco Children's Products has added more than 403,000 child seats to last month's recall of 3.8 million to replace faulty harness buckles.
But the added seats won't end a dispute with the U.S. government's road safety watchdog. The National Highway Traffic Safety Administration still wants Graco to add 1.8 million infant seats to the recall because they have the same buckles.
Buckles can get gummed up by food and drinks, making it difficult to remove children. In some cases parents have had to cut harnesses to get their children out. The agency says the problem increases the risk of injuries in emergencies. A Charlotte Wrongful Death Lawyer said this is a serious problem.
Graco said in a letter to the agency that it found additional toddler and harnessed booster seats that should be recalled.
The 403,222 seats added to the recall include 2006 through 2014 Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround, according to NHTSA documents.
In its letter to NHTSA, Graco said it didn't include the infant seats because they are used differently than the toddler seats, and because in an emergency, an adult can remove the whole seat from the car rather than unlatch the buckle.
"Graco looks forward to further discussions with the agency to resolve any remaining issues relating to those additional car seats," the letter said.
Atlanta-based Graco, a division of Newell Rubbermaid, has until March 20 to explain why last month's recall didn't include infant seats.
A NHTSA spokesman wouldn't comment and referred a reporter to the agency's previous statements about why seven rear-facing infant seat models should be recalled. A Miami Product Liability Lawyer said the company should be providing more information.
The recall, now at 4.2 million, is the fourth-largest child seat recall in American history. If the infant seats are added, it would be the largest such recall.
But the added seats won't end a dispute with the U.S. government's road safety watchdog. The National Highway Traffic Safety Administration still wants Graco to add 1.8 million infant seats to the recall because they have the same buckles.
Buckles can get gummed up by food and drinks, making it difficult to remove children. In some cases parents have had to cut harnesses to get their children out. The agency says the problem increases the risk of injuries in emergencies. A Charlotte Wrongful Death Lawyer said this is a serious problem.
Graco said in a letter to the agency that it found additional toddler and harnessed booster seats that should be recalled.
The 403,222 seats added to the recall include 2006 through 2014 Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround, according to NHTSA documents.
In its letter to NHTSA, Graco said it didn't include the infant seats because they are used differently than the toddler seats, and because in an emergency, an adult can remove the whole seat from the car rather than unlatch the buckle.
"Graco looks forward to further discussions with the agency to resolve any remaining issues relating to those additional car seats," the letter said.
Atlanta-based Graco, a division of Newell Rubbermaid, has until March 20 to explain why last month's recall didn't include infant seats.
A NHTSA spokesman wouldn't comment and referred a reporter to the agency's previous statements about why seven rear-facing infant seat models should be recalled. A Miami Product Liability Lawyer said the company should be providing more information.
The recall, now at 4.2 million, is the fourth-largest child seat recall in American history. If the infant seats are added, it would be the largest such recall.
Friday, March 7, 2014
FEDS WANT ANSWERS ON WHY INFANT SEATS NOT RECALLED
This story first appeared in USA Today.
Federal safety officials on Thursday ordered child seat maker Graco to explain why it decided to exclude seven infant seat models from its recall of 3.8 million child seats last month and to hand over a trove of other related information.
In the child seats recalled, the buckles may not unlatch, making it difficult to remove the child from the seat. That could increase the risk of injury in a crash, fire or other emergency when a speedy exit from the vehicle is required.
The "special order" issued by the National Highway Traffic Safety Administration, asks for all complaints and information relating to its decision to change buckles and suppliers.
Graco said earlier that food and dried liquids can make some harness buckles progressively more difficult to open over time or become stuck in the latched position.
"We have received a request for information from NHTSA and are happy to comply with their request," Graco said in a statement Thursday . "We look forward to working with NHTSA as we continue our ongoing, constructive conversation to clarify any questions."
Graco said the company remains confident that its car seats are safe and comply with NHTSA's standards: "They have withstood rigorous internal testing that far exceeds federal requirements."
Consumers can order free replacement harness buckles online. The company says the seats can still be used while waiting for the new buckle. Graco's customer service team can be reached at 800-345-4109 or consumerservices@gracobaby.com.
Federal safety officials on Thursday ordered child seat maker Graco to explain why it decided to exclude seven infant seat models from its recall of 3.8 million child seats last month and to hand over a trove of other related information.
In the child seats recalled, the buckles may not unlatch, making it difficult to remove the child from the seat. That could increase the risk of injury in a crash, fire or other emergency when a speedy exit from the vehicle is required.
The "special order" issued by the National Highway Traffic Safety Administration, asks for all complaints and information relating to its decision to change buckles and suppliers.
Graco said earlier that food and dried liquids can make some harness buckles progressively more difficult to open over time or become stuck in the latched position.
"We have received a request for information from NHTSA and are happy to comply with their request," Graco said in a statement Thursday . "We look forward to working with NHTSA as we continue our ongoing, constructive conversation to clarify any questions."
Graco said the company remains confident that its car seats are safe and comply with NHTSA's standards: "They have withstood rigorous internal testing that far exceeds federal requirements."
Consumers can order free replacement harness buckles online. The company says the seats can still be used while waiting for the new buckle. Graco's customer service team can be reached at 800-345-4109 or consumerservices@gracobaby.com.
Subscribe to:
Posts (Atom)
