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White Plains New York Legal Blog

How the TCJA will impact divorce

Alimony and child support payments are two issues that can be great sources of contention between divorcing spouses in New York. Soon-to-be exes should be aware that the Tax Cuts and Jobs Act has a significant role in how the two issues will be addressed for divorces that are finalized on or after Jan. 1, 2019.

The TCJA, which was passed in December 2017, includes provisions regarding alimony and child support. The changes in the tax law mean that couples who get divorced after the end of 2018 may find that their divorce is more expensive than they thought it would be.

Study highlights the links between work and divorce

New York residents who work in fields dominated by the opposite sex are more likely to divorce according to a study published in the medical journal Biology Letters. This was the conclusion that a team of researchers reached after studying Danish population data gathered over several decades. Earlier studies in this area have primarily focused on men who live in communities with disproportionately high numbers of women. The research team from Stockholm University wanted to find out if having a large number of prospective sexual partners in the workplace had the same negative affect on long-term relationships.

The results of the study suggest that several factors in the workplace make divorce more or less likely. Working in a field dominated by the opposite sex was found to make divorce more likely for both men and women. The researchers say that they took known risk factors such as education, income and age into consideration.

How an attorney helps victims of elder abuse take action

More than 2 million cases of elder abuse are reported each year — a number that is suspected to be vastly underrepresented. If you suspect that a parent or elderly loved one may be subjected to abuse or neglect from nursing home caregivers, it’s important to take action.

An attorney can help bring claims against the nursing home, depending on the circumstances surrounding your case. Read on to learn more about the help a lawyer can provide.

The health impacts of divorce later in life

Getting a divorce can be among the most stressful events New York couples will go through in their lives. However, those who are 50 and older may experience more significant health issues after ending their marriage. People who divorce later in life may develop heart disease or higher blood pressure because of the stress of ending a relationship.

Individuals who divorce may also be at a higher risk for depression, which could lead to a sedentary lifestyle. It could also lead to insomnia, mood swings or a loss of memory. Some people who are depressed will turn to drugs or alcohol as a means to cope with their circumstances. It is also possible for people who are in a negative mental state to make decisions in a compulsive manner without thinking through the consequences.

Facebook job ads accused of fostering discrimination

Civil rights advocates in New York have raised concerns about gender discrimination in job advertisements on Facebook. According to the American Civil Liberties Union, 10 employers have placed Facebook advertisements for jobs that allegedly violate state and federal anti-discrimination laws. The ACLU filed a complaint with the federal Equal Employment Opportunity Commission in September 2018 about these employers' practices, and the effort comes following changes earlier in the year to Facebook's advertising system. While employers are no longer able to target job ads based on race, ethnicity or religion, they can still target ads to appear to certain users based on their gender.

In response to the allegations, Facebook said that it does not tolerate discrimination and will respond once it has the opportunity to review the complaint. According to the ACLU and the Communications Workers of America, Facebook's practices allow advertisers to direct their job ads to users based on gender. Facebook ads can target women, men or people who identify as non-binary.

New technology may help prevent slip-and-fall accidents

Falls in New York are a major cause of serious injuries every year. If a person slips and falls in a public place, business owners may be held liable if the fall was caused by unsafe conditions. Grocery store owners are taking new measures using technology in an effort to reduce the rate of slip-and-fall incidents.

Traditional methods of trying to prevent slip-and-falls include regularly checking floors, using slip-resistant mats and placing signs in areas that have been recently mopped. A new technology called Argo Risk Track uses sensors to track data on a large scale, such as how often employees walk around the store and check for hazards.

Home ownership is key for divorcing women

New York couples entering divorce negotiations have many things to consider. However, women in particular should be mindful of something called the 'divorce gap." This documented phenomenon shows that women who divorce typically see their income and net worth drop substantially while men tend to see an income bump in the aftermath of a marital split. There are some strategies one can employ to help limit the impact of this societal trend for divorcing women.

A recent study from the Center for Retirement Research at Boston College provides a nugget of information that could be useful in calculating divorce negotiation strategies. While divorced women are generally worse off financially than men, they are still better off than never-married women in regard to overall assets. This is true even as single women typically earn higher incomes than divorced women. The single most compelling factor according to this research is home ownership. Women who leave a marriage with home ownership have a substantially better outlook for retirement and income security than those who do not. Real estate typically appreciates in value and home ownership is a strong hedge against economic insecurities for everyone, and this is especially true for divorced women.

Pregnancy discrimination unites diverse advocates

Many political organizations and advocates are expressing concern about pregnancy discrimination in workplaces in New York and across the country. A recent media report drew attention to the extent of pregnancy discrimination at some of the biggest companies in America. Indeed, the report emphasized that pregnant women had been refused accommodations, denied promotions and even fired after becoming pregnant. New York's state governor, Andrew Cuomo, has ordered an investigation into these reports of discrimination, saying that it represented a threat to women's rights and equality on the job.

Because pregnancy discrimination touches on issues that are close to the heart of many different groups, it can bring together advocates from widely different political positions. Feminist organizations and women's legal advocacy groups have long led the charge against this type of workplace discrimination, but they are joined by some conservative and faith-based groups who have battled with these same organizations on matters related to reproductive rights. This unusual group of supporters drew attention in 2014 when one woman pursued a pregnancy discrimination claim against her employer to the U.S. Supreme Court.

Report says radiology-related malpractice often ends in death

The majority of radiology-related malpractice claims are due to misinterpretations of clinical tests, according to a report from Coverys. The health care liability insurance provider analyzed more than 10,000 closed claims that were filed between 2013 and 2017, all of them related to radiology-related liability and most of them involving a missed, delayed or wrong diagnosis. New York residents will want to know the rest of the results.

It turns out that 80 percent of missed-diagnosis claims involved a permanent injury or death. Around 15 percent of diagnosis-related claims involved allegations against radiologists, who were second after general medicine providers. Among claims of diagnostic failure, the most frequently missed condition was cancer, especially breast, lung, pancreatic and ovarian cancer.

Micro-inequities for women in the workplace

Despite the ongoing rise in awareness about gender discrimination and sexual harassment on the job, many New York employees continue to face these issues. The #MeToo movement has highlighted the many ways in which different types of gender biases have a strong negative effect on women's careers, achievements and pay. It has also brought back to the forefront a term first developed in 1973: "micro-inequities." The term refers to incidents, events and actions that may be small but may have a major overall impact on those who face discrimination on the job.

For example, women may be more frequently cut off or interrupted in meetings while men's ideas are greeted with praise and admiration. These kinds of problems can be more complex to challenge than traditional forms of sexual harassment. However, it can be critical to respond to gender bias where it happens. Indeed, this may be the tip of the iceberg that indicates serious, underlying and actionable instances of gender discrimination.

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