New York Paralegal Blog

Ever feel like your paycheck isn't quite right? You're not alone. "Wage theft" is a big problem that costs workers billions every year. It's not just about minimum wage; it's any time your employer illegally withholds money you've earned. In New York, our state laws are particularly strong in protecting workers from this kind of injustice, thanks in large part to the Wage Theft Prevention Act (WTPA) and other robust regulations. What Exactly is Wage Theft? Think of wage theft as an employer illegally keeping money that rightfully belongs to you. It's not always obvious, and it comes in many forms: Not Paying Minimum Wage: This is the most straightforward. If your employer pays you less than New York's current minimum wage (which can vary by location within the state, like NYC vs. upstate), that's wage theft. Skipping Overtime Pay: Work over 40 hours in a week? Most non-exempt employees are entitled to "time and a half" for...

The recent tragic murder of an immigrant woman on a train has, understandably, sparked outrage and grief. In the aftermath, some commentators have attempted to draw comparisons between this horrific act and deaths that occur at the hands of law enforcement. For example, Matt Walsh stated, "This is a greater outrage than the death of every BLM martyr combined times a thousand." However, to equate these two types of tragedies is to fundamentally misunderstand the core principles of justice, accountability, and the role of the state in a civilized society. While any loss of life due to violence is a tragedy, there is a crucial distinction between a murder committed by a private citizen and a death caused by a law enforcement officer, even if that death is deemed a murder. This distinction lies primarily in the power dynamics and the inherent trust placed in state actors. When a Random Person Murders Someone: When a private individual commits murder, it is an act agai...

Today, June 19th, is Juneteenth! While it's now a federal holiday, many people might not fully understand its incredible importance. So, let's break down what Juneteenth is and why it matters so much, not just in Texas, but for all of us. The Day Freedom Finally Arrived (for Everyone) Imagine this: It's 1863, and President Abraham Lincoln has issued the Emancipation Proclamation, declaring enslaved people in the Confederate states free. But here's the catch – in Texas, way out west, the news (and the Union Army) hadn't really arrived yet. So, slavery continued there for two and a half more years! Then, on June 19, 1865, Union General Gordon Granger rode into Galveston, Texas. He announced General Order No. 3, which officially declared that all enslaved people in Texas were finally free. This wasn't just a suggestion; it was an order, stating that everyone, "former masters and slaves," now had "absolute equality of personal rights....

The Federal Bureau of Investigation, Virginia State Police, and Manassas City Police Department announced a $50,000 reward today for information leading to the arrest and conviction of the individual or individuals responsible for the murder of Virginia State Trooper Johnny Rush Bowman in August 1984.

Kevin Clor Accused of Submitting 150 Bogus Receipts for CLE Classes, Legal Reference Materials Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of KEVIN CLOR, 40, for stealing more than $211,000 from the New York State Thruway Employees Local 72 (the “Union”) and for submitting forged receipts for reimbursement. CLOR was indicted on two counts of Grand Larceny in the Second Degree, 16 counts of Criminal Possession of a Forged Instrument in the Second Degree, and 16 counts of Falsifying Business Records in the First Degree.

A bill for licensing paralegals in New York state would be something to get excited about if the reason for its introduction were not suspect. The justification of this bill is as follows :

NEW YORK - Attorney General Eric T. Schneiderman today announced a sweeping new initiative that will give the Attorney General the authority to investigate and potentially prosecute any wrongdoing involving government spending, including member items, contracts, and pension fraud. By working with the Comptroller to police public integrity in Albany, the Attorney General is building on his multi-pronged approach to root out waste, fraud and corruption in state government. “As stewards of the public trust, we are all responsible for doing our part to crack down on public corruption with every tool at our disposal. We need to be smarter, faster and more efficient than what current law allows,” said Attorney General Schneiderman. “That is why it is critical we close every loophole that exists in current law as part of comprehensive ethics legislation. We need such legislation now more than ever, and I look forward to working with the Governor and legislative leaders in the coming weeks t...

Governor Andrew M. Cuomo today announced the passage of the 2011-2012 budget that eliminates a $10 billion deficit. The budget includes historic reforms that redesign state government, create efficiencies through consolidation, cap spending increases for education and Medicaid, and transform the future budgeting process. The approximately $132.5 billion budget reduces spending overall by more than 2 percent from the previous year, eliminates 3,700 prison beds, establishes Regional Economic Development Councils, brings performance funding to education, redesigns Medicaid, and caps next year's education and Medicaid spending.

Older Applicants Passed Over for Cashier Positions in Favor of Younger Candidates, Federal Agency Charged FRESNO — The U.S. Equal Employment Opportunity Commission (EEOC)announced on 01/20/2011 the settlement of its lawsuit against Timeless Investments, Inc., doing business as EZ Trip Golden State Convenience and Auto/Truck Plaza, resolving claims that the Fresno, Calif.-based company failed to hire older job applicants for its convenience store due to age discrimination. The allegations date back to 2004, when a group of older job seekers in their 60s applied for jobs as cashiers at the EZ Trip Golden State convenience store in Fresno. According to the EEOC, the older applicants were separately instructed to write their ages on the top corner of their respective employment applications. They were ultimately denied employment in favor of other candidates under the age of 35, two of whom had no prior cashier experience. The EEOC asserts that the older applicants were ultimately deni...

Former New York State Supreme Court Justice Thomas J. Spargo was convicted today by a federal jury in Albany, N.Y., of attempted extortion and soliciting a bribe. Spargo, 66, was convicted following a three-day jury trial. Evidenced introduced at trial showed that on Nov. 13, 2003, Spargo solicited a $10,000 payment from an attorney with cases pending before him in Ulster County, while Spargo was serving as a state supreme court justice. The trial evidence showed that when the attorney declined to pay the money, Spargo increased the pressure by a second solicitation communicated through an associate. According to evidence presented at trial, on Dec. 19, 2003, Spargo directly told the attorney in a telephone conversation that he and another judge close to him had been assigned to handle cases in Ulster County, including the attorney’s personal divorce case. According to the evidence at trial, the attorney felt that if he did not pay the money, both the cases handled by his law firm an...

BUFFALO, N.Y (December 8, 2008) – Attorney General Andrew M. Cuomo today announced the arrests of three Western New York nursing home employees and the conviction of a fourth for abusing elderly and ill patients. According to court records, the acts of abuse include physically attacking and using racial slurs against an 86-year-old Alzheimer’s patient, slapping a 100-year-old patient in the face, and tying an elderly patient with dementia to a chair for two consecutive nights. The arrests and conviction stem from Attorney General Cuomo’s statewide investigations into abuse and neglect in institutional care settings. More...