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Jeffrey W. Pagano Comments on Changes to New York State’s Sick Leave Law

RIVERHEAD, NEW YORK — Jeffrey W. Pagano, Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says employers in New York State must now comply with the new requirements of the state’s Sick Leave Law that was introduced in New York’s 2021 budget. He also urges companies to seek assistance in developing and implementing a comprehensive paid leave policy in order to avoid litigation.

On September 30, 2020, the New York Sick Leave Law went into effect. Under the law, companies must provide employees one hour of paid or unpaid sick leave for every 30 hours worked by the employee. The new law allows employees to take leave when they or their loved one’s mental or physical health condition requires medical care; they or their loved one has been a victim of domestic violence, sexual assault, stalking or human trafficking; the employee needs to enroll their children in a new school; or to take any actions to ensure the health and safety of themselves, their loved ones and their co-workers.

According to the law, employers with 100 or more employees must provide employees up to 56 hours of paid sick leave a year. Those with five to 99 employees and companies with four or fewer employees and a net income of more than $1 million in the previous tax year must provide up to 40 hours of paid sick leave. Those with four or fewer employees and a net income of $1 million or less in the previous tax year must provide up to 40 hours of unpaid sick leave. Although employers must pay the employee at the regular rate of pay, they can provide additional benefits to the employees as part of their own sick leave policy.

Employees will begin earning sick time on the first day of employment or on September 30, 2020, whichever is later. However, they will not be allowed to use it until January 1, 2021.

Mr. Pagano is a Partner in the firm’s Labor & Employment Group. He routinely defends employers facing class and/or collective action wage-hour claims throughout the U.S., whether arising under federal or state law. He has also been called upon by numerous companies to structure internal and external employment and operating policies and procedures that minimize non-compliance with applicable interstate and intrastate wage-hour statutory schemes.

“I am urging employers to update their sick leave policies as soon as possible,” Mr. Pagano says. “If they need assistance developing a policy and they want to make sure they are in compliance with state law, they should contact a labor and employment law attorney immediately.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

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About Twomey Latham

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP Awards Community Service Scholarship to Riverhead High School Senior

RIVERHEAD, NEW YORK — On June 17, the 2020 Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP Community Service Scholarship recipient was announced during Riverhead High School’s virtual Awards Ceremony. This year’s winner was Elizabeth Buckley.

 

Elizabeth had overcome a great personal loss while still excelling in school, and spent her spare time during her academic career volunteering. She served as a Historian of the Key Club, Treasurer of Students Against Drunk Driving, a Member of the cheerleading team and a featured dancer for the Riverhead Blue Masques, among other activities. In addition, she committed over 160 hours of service on a mission trip to Haiti with her local church.

 

Twomey Latham places a significant focus on the community and charitable service and awards this scholarship to graduating high school seniors who share that focus.

 

Elizabeth was awarded $1,000 to help with college expenses.

 

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

 

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About Twomey Latham

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP Awards Community Service Scholarship to East Hampton High School Seniors

East Hampton, NY: On Thursday, May 28, the 2020 Twomey, Latham, Shea,
Kelley, Dubin and Quartararo LLP Community Service Scholarship recipients
were announced during East Hampton High School’s virtual Awards Ceremony. The year’s winners are Alfredo Chavez Jr. and Samantha Totten.

Alfredo has dedicated nearly 700 hours of community service. He is President of East Hampton High School’s Century Club having volunteered his time at the Springs Food Pantry, East Hampton Food Pantry, and Project Most, an extracurricular enrichment program for children in Kindergarten through Grade 8. In addition to his dedication to service, Alfredo has been actively involved in community theater programs and musical competitions locally, in which he has received many awards and recognition for his musical talents. Teachers enjoyed having Alfredo in their classes. “He is a curious learner who radiates the class atmosphere with enthusiasm. He has a big heart and is always helping to motivate his peers.” Alfredo is a first-generation college bound student who plans to pursue a career in financial planning. This fall Alfredo will be attending Suffolk County Community College.

Samantha has found community service to be a fun opportunity to give back to the community. She began volunteering in 6th grade, participating with various organizations to help people of all ages. Samantha was inducted into East Hampton High School’s Century Club her sophomore year and has accumulated nearly 650 hours of community service across a variety of organizations. Under her leadership, Samantha’s class has become the highest fundraising class in East  Hampton’s history. Samantha is a member of the National Honor Society, World Language Honor Society, Member of Hamptons Music Educators Society, and Key Club, a Kiwanis sponsored school sanctioned club dedicated to improving the community. Named Leader of the Year for her work and service to the East Hampton Library, Samantha has served as its president for the past two years. In
addition to her academics, character, leadership, and public service, Samantha is especially passionate about preserving the quality of our local waters and other environmental threats. This fall Samantha will be attending Binghamton University.

Alfredo and Samantha were each awarded $1,000 to help with college expenses.

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Katerina Grinko Comments on President Trump’s Proclamation to Suspend Entry of Certain Foreign-Born Citizens into the U.S.

RIVERHEAD, NEW YORK — Katerina Grinko, Attorney, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP, says the President’s proclamation suspending the entry of certain foreigners into the United States is yet another unfortunate outcome of the 2019 Novel Coronavirus.

Katerina Grinko

On April 22, President Donald J. Trump signed a Proclamation suspending the entry of foreign-born nationals on immigrant visas for 60 days, effective April 23. President Trump said the purpose of the temporary suspension is to ensure that out-of-work Americans regain employment opportunities that were lost during the coronavirus pandemic. He added that the restrictions can be modified or extended if necessary.

“It is no secret that the Trump administration has made it its top priority to keep as many immigrants as possible from entering the U.S.,” Ms. Grinko says. “The ongoing pandemic unfortunately provides room to further expand this political tactic.”

Despite the suspensions, there are some exceptions. Healthcare workers and their immediate family members will be allowed into the country, as well as spouses and minor children of U.S. citizens. The restrictions also do not apply to the following individuals:

  • those with a valid travel permit
  • those with already approved green cards
  • foreign investors
  • those with valid temporary nonimmigrant visas, such as tourist, student or temporary employment visas
  • those seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture

For those who are currently in the country and are awaiting interviews for asylum, adjustment of status, and naturalizations, as well as biometric appointments or oath ceremonies, these interviews have been cancelled and will be automatically rescheduled by the U.S. Citizenship and Immigration Services (USCIS). The USCIS field offices temporary suspended all in-person services through June 4. Further, all Immigration Court hearings for non-detained cases have been postponed until May 15.

“All applicants will be receiving new notices in the mail,” Ms. Grinko says. “It is important to closely monitor your mail within the next few weeks. If you do not receive a new notice from either USCIS or Immigration Court within the next two to four weeks, you should contact your immigration attorney so that he or she can follow up with the proper institution.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

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* Photo of Ms. Grinko is attached.

About Twomey Latham

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Christopher Kelley, Esq. Comments on Coronavirus’ Effect on the Real Estate Market

RIVERHEAD, NEW YORK — Christopher Kelley, Senior Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says the coronavirus pandemic has had a tremendous impact on all aspects of the real estate market — from sales to closings to mortgage payments.

Christopher Kelley

One way the real estate industry has changed, Mr. Kelley says, is how showings and open houses are now handled. Recently, the Empire State Development Corporation deemed real estate agents as “essential” employees, but, under the new guidelines, agents will be prohibited from meeting with clients at the property in person; only prospective buyers may visit the home themselves, but with the seller’s permission.

But, Mr. Kelley says, the new way of doing business in real estate has affected other aspects of the transaction. Although New York State has allowed remote notarization of documents, the social distancing makes it more difficult to complete closings, home inspections and title searches. “This has negatively affected the transaction in the preparation and signing of documents,” he says. “It has become somewhat slower to arrange for inspections, water testing and such. Title companies have also been asking sellers to indemnify them against liens and judgments.”

Whereas many major markets have seen sales at virtually a complete standstill, the eastern Long Island market has seen glimpses of life. “Although, immediately after the stay-at-home order, the East End saw a flurry of emergency rental activity, that has slowed, as have new home sales,” Mr. Kelley says. “However, there are sales continuing to be made as buyers look ahead to the prospect of a more normal economy in the near future.”

Mr. Kelley also says there has been an increase in potential deals falling through or being delayed, especially among cash buyers. “Some purchasers who were counting on paying cash in a deal saw the need to seek mortgage financing, citing the volatility of the stock market,” he says. “This has led purchasers to seek extensions of time to close in order to obtain mortgage commitments and concessions from sellers to get to closing. There is no basis in most instances for cancelling a real estate contract or postponing a closing in an all-cash deal based on the COVID-19 pandemic and the challenges surrounding it.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

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* Photo of Mr. Kelley is attached.

About Twomey Latham

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Joan Morgan McGivern Joins Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP as Of Counsel

RIVERHEAD, NEW YORK — Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP has announced that Joan Morgan McGivern has joined the firm as Of Counsel. Ms. McGivern concentrates her practice in real estate, zoning and land use, business and corporate law and civil litigation.

Joan Morgan McGivern

Ms. McGivern has been in private practice since 2014, with offices in New York City and East Hampton. She recently retired as General Counsel and Senior Vice President of ASCAP (The American Society of Composers, Authors and Publishers), and as Senior Legal Adviser to the ASCAP Foundation after 17 years with the organization. In her role with ASCAP, she negotiated Intellectual Property agreements in the global music industry, managed the legal department and supervised outside counsel.

Before working for ASCAP, Ms. McGivern spent 12 years as a Litigation Associate with White & Case, a law firm with locations in New York City and Washington, D.C. In her role, she handled complex commercial litigation, appellate matters and internal corporate investigations, including federal and state trials, U.S. administrative cases, arbitrations, bankruptcy proceedings, contested probate matters and trustee accountings. Prior to joining White & Case, she served as a Law Clerk to the Honorable Thomas Platt of the United States District Court, Eastern District of New York.

In addition to serving as Of Counsel, Ms. McGivern is a Member of the East Hampton Town Zoning Board of Appeals and the East Hampton Town Energy Sustainability & Resiliency Committee. She previously served as East Hampton Town Representative for the Suffolk County Planning Commission.

Ms. McGivern is admitted to practice in New York State and before the U.S. District Court, Eastern and Southern Districts of New York; the U.S. Court of Appeals, Second Circuit; and the U.S. Supreme Court. She earned her honors degree in Government from Dartmouth College with high distinction, a Master’s degree from the Columbia University School of International and Public Affairs and a law degree from Georgetown University, where she was Editor of the International Law Journal.

“I am pleased to join this firm and I look forward to working with the growing number of real estate and zoning and land use clients,” Ms. McGivern said.

“We welcome Ms. McGivern to the firm as we continue to expand our real estate and zoning and land use practices,” said Stephen B. Latham, Senior Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP. “She also comes to us with an extensive knowledge of Intellectual Property law and involvement in local government. She will be a great asset to the firm.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

 

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* Photo of Ms. McGivern is attached.

About Twomey Latham

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 25 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Firm Associate Daniel R. Bernard Receives LIBN’s Leadership in Law Award

On November 21, Daniel R. Bernard, Associate, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP, received the Leadership in Law Award from Long Island Business News in the category of Associate.

Daniel R. Bernard (center), Associate, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP, is joined by Firm Employee Al Schick (left) and Firm Partner Patrick Fife (right) at Long Island Business News’ Leadership in Law award ceremony at the Crest Hollow Country Club in Woodbury on November 21. (Photo by Judy Walker)

 

The Leadership in Law award recognizes attorneys who exemplify the following traits — experience, dedication, hard work, skill, tenacity, compassion and excellence — and is dedicated to those individuals whose leadership, both in the legal profession and in the community, has had a positive impact on Long Island. Recipients of this award demonstrate outstanding achievements, involvement in their profession, support of the community and mentoring.

Daniel R. Bernard (right), Associate, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP, accepts the Leadership in Law award from Alicia Jabbour (left), Associate Publisher, Long Island Business News, at the Leadership in Law award ceremony at the Crest Hollow Country Club in Woodbury on November 21. (Photo by Judy Walker)

 

Mr. Bernard is an attorney with the firm’s Trusts and Estates Department, where he regularly works with high-net worth clients. As one of a handful of attorneys to be admitted to both the New York and Florida Bars and hold a Master of Laws in Taxation, he is able to work with residents who split their time between New York State and Florida. He counsels these so-called “snowbirds” on estate planning and taxation matters, including changes of residency.

Mr. Bernard is a frequent lecturer on estate planning. He was also recently interviewed by The Wall Street Journal for an article on people moving out of high-tax states and to other states with lower tax burdens and been a guest on the radio show “Law You Should Know” and The Dead Celebrity Podcast. He also published two articles: “Non-Custodial Parents’ Rights to Their Children’s College Records” 40 Rutgers L. Rec. 48 (2012) and “The NFL’s Stance in Gambling: A Calculated Contradiction” 4 UNLV Gaming L.J. 273 (2013).

In addition to New York and Florida, he is admitted to practice in New Jersey. He is a member of the New York State Bar Association, the Suffolk County Bar Association, the New Jersey Bar Association and the Florida Bar Association. He also serves as Vice-Chair of the NYSBA’s Trusts and Estates Section Multi-State Practice Committee.

Mr. Bernard also dedicates his time to raising money for the Alzheimer’s Association and the National Multiple Sclerosis Society. While attending law school, he performed pro bono work with the Volunteer Lawyers for Justice Divorce Clinic and the Rutgers Federal Tax Clinic.

A resident of Yaphank, Mr. Bernard earned a Bachelor of Business Administration degree from Temple University, his law degree from Rutgers Schools of Law-Newark and his Master of Laws in Taxation from the New York University School of Law.

“It is an honor to receive this award,” Mr. Bernard said. “I am proud to be recognized with the other attorneys on Long Island for the hard work that we have done for our clients.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

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* Photos are attached.

About Twomey Latham

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP Acquires Birtwhistle & Gibson, P.C.

Craig Gibson Joins Firm as Of Counsel

Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP has announced that, effective January 1, 2020, the firm will complete its acquisition of Birtwhistle & Gibson, P.C., a 40-year-old law firm based in Bridgehampton. The acquisition will allow Birtwhistle & Gibson’s clients to continue to be served by Twomey Latham in many diverse practice areas, including elder care, estate planning, trusts and estates, litigation, commercial law, employment law and real estate.

As part of this acquisition, Craig Gibson will join Twomey Latham as Of Counsel. Mr. Gibson concentrates his practice in real estate, specializing in residential buy/sell agreements and representing some of the top builders on the East End. In nearly 35 years as an attorney, Mr. Gibson has successfully completed more than 3,000 transactions.

Craig Gibson

“Prior to making this decision, I spoke and met with ten local law firms in order to determine which firm was the best fit for me and for my clients,” Mr. Gibson said. “I made this decision based upon my belief that Twomey Latham offers the best selection of experienced attorneys, with the broadest experience and fields of practice.”

Mr. Gibson is admitted to the New York State Bar and is a member of the Suffolk County Bar Association.

In the community, he performs pro bono work for the Bridgehampton Historical Society; this included working to preserve the Nathaniel Rogers House, which was originally built in the 1820s. He has also provided free legal services to local residents in need. In addition, he serves as President of the Eagleton Memorial Scholarship Fund, which provides financial assistance to graduating Bridgehampton High School seniors pursuing a college education.

Mr. Gibson graduated cum laude from St. Lawrence University and received his Juris Doctor from Dickinson School of Law. He is a longstanding resident of East Hampton.

Mr. Gibson credits his successful career to his honesty with his clients and with other attorneys.  “My primary focus has always been direct contact with my clients. As a result, my reputation has become an important component of my success.”

“We welcome Craig Gibson to the firm,” said Stephen B. Latham, Senior Partner, Twomey Latham, Shea, Kelley, Dubin & Quartararo, LLP. “We are proud to have someone with such an extensive knowledge and experience in real estate law on the East End to join us, and we look forward to the opportunity to work together in order to serve his clients in the many practice areas in which our firm has expertise.”

For more information, call (631) 727-2180 or visit www.suffolklaw.com.

 

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* Photo of Mr. Gibson is attached.

About Twomey Latham

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP is a full-service law firm with a 65-person staff with over 30 attorneys, paralegals and legal assistants in five offices across Long Island. The firm’s practice areas include Business and Corporate Law, Labor and Employment, Insurance, Banking, Commercial Litigation, Taxation, Trademark and Copyright, Environmental Law, Real Estate Development and Transactions, Construction, Land Use and Zoning, Municipal Law, Personal Injury, Immigration, Arts and Entertainment, Wills, Trusts and Estates, Estate Litigation, Elder Law, Family and Matrimonial Law, and Not-For-Profit Law.

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