Sean Callagy - Attorney and Entrepreneur: law firm

Showing posts with label law firm. Show all posts

Wednesday, June 8, 2016

How To Get A Big Jury Verdict from a Guy That Got 60 Million Total in 2 Years

Lie, cheat, steal, swindle, manipulate and spin the facts. Yes, this is the picture most people have of lawyers and our legal system. Sadly, in many cases, those impressions are quite accurate.

However, that isn’t the way to truly win in our legal system. This article will briefly touch on the real keys.

My name is Sean Callagy, the founder and President of Callagy Law, a New Jersey, New York and Arizona law firm.

In 2014 I obtained a 33 million dollar verdict. In 2016 I obtained a 27.5 million dollar verdict. That puts me in a micro percentage group of attorneys who can make that statement.

Matt Damon, in the Rainmaker, makes a profound comment at the end of the movie when he decides to leave the law after an amazing victory of truth over lies. Essentially, Damon’s character muses that to keep doing it, he would likely need to become the evil he just defeated. The same evil he asked if he even remembered when he sold out.

Often, I feel that way in this profession. The amount of lies and gamesmanship that exist is enough to make any decent human being want to quit the human race. Then, you find your fair share of judges who let it go on, and even enable it.

So, if you can’t beat ’em, join ’em, right?

Wrong.

Integrity, authenticity and incredible hard work are the real secrets to success in our greatest system of lie detection on earth: the jury trial.

I believe that liars only win when they come up against the less skilled or hard working attorney.

The great benefit of dealing with liars in any case is that they don’t know when to stop lying. They lie so much that they begin to believe their own lies. Judges can become quite anesthetized to lying as well.

Juries, however, despise liars and lying. If you tell one lie as a lawyer, and the other guy approaches matters with integrity, then the liar is in huge trouble every time.

You see, juries, like all people, want to believe and find good in our system. They don’t expect to, but are very pleasantly surprised when they do. It restores their faith.

I believe that most attorneys don’t get this. They will try to hide, duck, dodge or flat out lie, to avoid problems in their cases. That may work for awhile, but it doesn’t work before a jury.

In both of these cases where I had the privilege of representing my clients, I believe the truth came shining through to the jury. That truth included acknowledging certain realities about the parties and the issues.

However, it is not enough to acknowledge a problem and gloss over it. Everyone says “draw the sting” from your problems. The real question is whether the jury believes what you believe. Your credibility, as a lawyer, is everything in front of the jury. Try to cheat on reality just a bit, and you are the lying lawyer they expected. Then, you better hope that the other man or woman is also seen as a lying lawyer and hope the jury believes you and your client is the lesser of two evils.

On the contrary, wouldn’t it be easier to be the voice of integrity, and therefore authority, in the court room?

It takes a ton of work to make this type of presentation. Like Matt Damon suggested though, would you want to do it any other way?

If you would ever want to discuss “how” to do this with a person who’s been blessed to do it, then please reach out and contact me.

By the way, the jury awarded 8 and 16 million in punitive damages in these two cases. How do you think the juries perspective on integrity and authenticity factored into those verdicts?

Sean Callagy, Owner / Founder of Callagy Law

“Fundamentally Changing the Way People Feel About Lawyers, One Client at a Time.”

Learn More About Callagy Law Here:

How To Get A Big Jury Verdict from a Guy That Got 60 Million Total in 2 Years #BusinessDevelopment, #BusinessTraining, #CallagyLaw, #JuryVerdicts, #LawFirm, #MattDamon, #SeanCallagy

Tuesday, April 19, 2016

Callagy Law and the 33 Million Dollar Verdict

The total amount includes $8 million in punitive damages

Paramus, N.J. (Sept. 22, 2014) – A three-week civil trial at the Bergen County Superior Court of New Jersey recently ended with a jury awarding The Law Funder, LLC $33.5 million dollars. The amount is payable by, among others, defendant Matthew Sheldon, who in 2013 pleaded guilty in the United States District Court for the District of New Jersey to the same unlawful conduct.

“This verdict is a victory for my clients,” said Sean Callagy of Callagy Law, who represented The Law Funder in the case. “While this does not represent a complete recovery for them, we will continue to pursue the payment due for the rest of Sheldon’s life so that he may repay some of what my clients have lost.”

Sheldon is currently incarcerated and is serving a sentence of 30 months in prison after having pled guilty to conspiracy to commit wire fraud in 2013. He admitted to engaging in a kickback scheme that resulted in him and a number of other defendants being paid improper referral fees by the litigation funding company The Law Funder, LLC.

Sheldon had served as an attorney and chief underwriter for The Law Funder of New York, a company that he co-founded in 2004 with three other individuals.

His fraudulent activity began in 2005, when Sheldon started to work with a New Jersey broker to garner referral fees, which the two split. The fees collected amounted to at least $870,000 in profit for Sheldon.

His indiscretions were uncovered in 2009 after The Law Funder had dismissed Sheldon. An investigation by Callagy Law uncovered other fraud that was also included in the civil complaint.

The case alleged wrongdoing beyond the criminal charges, including claims that Sheldon purposefully overvalued some cases and approved funding for bad cases for his own personal benefit.

Sheldon was also accused of transferring $750,000 for fictitious cases to Jessica Escobar in Houston, who posed as both attorney and paralegal and was alleged to have had an intimate relationship with Sheldon.

The suit named 20 defendants, including Gregory Krasovsky, an attorney who previously represented The Law Funder and was aware of Sheldon’s fraud but did not alert the company, according to the complaint.

The verdict was released on June 24, 2014, with the jury awarding a total of $24.5 million in compensatory damages – $22.9 million against Sheldon, $2.2 million against Krasovsky, and $375,000 against another defendant. On June 25, 2014, the jury awarded an additional $8 million in punitive damages against Sheldon for a total of $33.5 million against him and the remaining defendants.

See More: http://callagylaw.com/bergen-county-fraud-case-33-5-million-dollars/

Original Post: http://www.njlawjournal.com/id=1202661606677/NJ-Litigation-Funding-Business-Wins-33M-Award-in-Fraud-Case

Callagy Law and the 33 Million Dollar Verdict #BigWin, #CallagyLaw, #LawFirm

Wednesday, February 24, 2016

Establishing Usual/Customary Rates in Workers Compensation

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

In New Jersey, the Department of Labor and Workforce Development oversees Workers’ Compensation. Petitioner medical providers may file a claim to recover payments denied by the insurance carrier, a self-insured corporation, or a third party administrator.

Pursuant to N.J.S.A. 34:15-15, Medical and hospital service, “… All fees and other charges for such physicians’ and surgeons’ treatment and hospital treatment shall be reasonable and based upon the usual fees and charges which prevail in the same community for similar physicians’, surgeons’ and hospital services.” Because there is no workers’ compensation fee schedule in New Jersey, establishing usual, customary and reasonable fees are central to seeking additional reimbursement in a workers’ compensation claim.

Under New Jersey law, a medical provider, not an insurance carrier, “establishes [the provider’s] own customary rate.” Cobo v. Market Transition Facility, 293 N.J.Super. 374, 389 (App. Div. 1996). While an insurance carrier may review the medical provider’s fee to ensure that it has billed at its usual and customary rate, the provider is entitled to its billed rate so long as it is reasonable. (See: Id. at 386). (emphasis added) In determining the reasonableness of a medical provider’s fee, courts look to a number of factors, including the following: 1) the subject provider’s billing history, 2) disparity in charges to different insurance carriers, 3) what other providers are charging for the service. (See: Id. at 387).

The Court in Cobo, citing 24 NJR 1348 further stated, “The provider, in submitting the billings, makes the initial determination as to what his or her usual, customary and reasonable fee is….thus, the scheme envisions that the health care provider will set its own customary fee, not the insurer or the insurer’s auditor.”

One way for a medical provider to establish usual, customary and reasonable fees is with exemplar Explanation of Benefit forms from insurance carriers and third party administrators indicating the usual and customary rate billed by the petitioner medical provider (and other medical providers) for the appropriate CPT Codes which had been reimbursed at 100%. Specifically, the Explanations of Benefit forms demonstrate the consistency of a petitioner medical provider’s billing practices by documenting, regardless of insurance carrier or third party administrator, the usual and customary rates charged for the CPT Codes at issue. Providing such Explanation of Benefit forms may expedite settlement negotiations.

We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $185,000,000 for medical providers, and that number grows daily. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Establishing Usual/Customary Rates in Workers Compensation #Az, #CallagyLaw, #DepartmentOfLabor, #DepartmentOfLaborAndWorkforceDevelopment, #LawFirm, #Nj, #Ny, #Paramus, #SeanCallagy, #WorkersCompensation

Tuesday, February 9, 2016

Proper Use of Modifier 59 For Reimbursement | Callagy Law

PIP PRACTICE TIP: PROPER USE OF MODIFIER -59 FOR REIMBURSEMENT OF SERVICES THAT ARE “SEPARATE AND DISTINCT” FROM OTHER SERVICES BILLED ON SAME DATE

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, and other procedures within the field of healthcare law Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

It is important for medical providers to correctly use modifier 59 in order to receive reimbursement for codes that are indeed “separate and distinct” from other services billed on the same date of service. Modifier 59 is defined by the CPT Manual as follows:

“Distinct Procedural Service: Under certain circumstances, it may be necessary to indicate that a procedure or service was distinct or independent from other non-E/M services performed on the same day. Modifier 59 is used to identify procedures/services, other than E/M services, that are not normally reported together, but are appropriate under the circumstances. Documentation must support a different session, different procedure or surgery, different site or organ system, separate incision/excision, separate lesion, or separate injury (or area of injury in extensive injuries) not ordinarily encountered or performed on the same day by the same individual. However, when another already established modifier is appropriate, it should be used rather than modifier 59. Only if no more descriptive modifier is available, and the use of modifier 59 best explains the circumstances, should modifier 59 be used. Note: Modifier 59 should not be appended to an E/M service. To report a separate and distinct E/M service with a non-E/M service performed on the same date, see modifier 25.”

To summarize, modifier 59 is used to indicate a separate and distinct procedural service for surgical procedures, non-surgical therapeutic procedures or diagnostic procedures that were independent of other services performed on the same day, including, but not limited to the following:

Different session

Different site or organ

Separate excision/incision

Separate lesion

Separate injury.

The Medicare National Correct Coding Initiative (“NCCI”) promulgated edits, which contain pairs of CPT codes that generally should not be billed together by a provider for the same patient on the same date of service. Under certain circumstances, a provider may bill for two services in a NCCI code pair and include a modifier that would bypass the edit and allow both services to be paid.

Modifier 59 is one of over thirty modifiers that can be used to bypass an NCCI edit conflict. A modifier, however, cannot be appended to a CPT Code for the sole purpose of bypassing an NCCI edit if the clinical records do not justify its use. Modifier 59 is used to represent that a provider performed a separate and distinct procedure or service for a patient on the same day as another procedure or service. Modifier 59 should be attached to the secondary, additional, or lesser service in an NCCI code pair. Pursuant to the “Medicare Claims Processing Manual,” in order to properly bill with modifier 59, the provider’s documentation must show that the service was distinct from other services performed that day.

A common misuse of modifier 59 is when a medical provider uses it on the sole basis that the narrative description of the two codes is different. The two “different procedures” must be performed at separate anatomic sites or at a separate patient encounter on the same date of service in order to justify the use of modifier 59.

Notably, the treatment of contiguous structures in the same organ or anatomic region does not constitute treatment of different anatomic sites and should not be billed with a 59 modifier. For instance, arthroscopic treatment of structures in adjoining areas of the same shoulder constitutes treatment of a single anatomic site.

Modifier 59 should only be used in circumstances where no other modifier more appropriately describes the relationship of the two procedure codes. For example, if two procedures are performed on different sides of the body, modifiers RT (“right”) and LT (“left”) or another pair of anatomic modifiers should be used, not modifier 59.

In sum, modifier 59 is used appropriately in the following circumstances:

for different anatomic sites during the same encounter only when procedures which are not ordinarily performed or encountered on the same day are performed on different organs, or different anatomic regions, or in limited situations on different, non-contiguous lesions in different anatomic regions of the same organ;

when the procedures are performed in different encounters on the same day;

when two timed procedures are performed in different blocks of time on the same day;

for a diagnostic procedure which precedes a therapeutic procedure only when the diagnostic procedure is the basis for performing the therapeutic procedure;

for a diagnostic procedure which occurs subsequent to a completed therapeutic procedure only when the diagnostic procedure is not a common, expected or necessary follow-up to the therapeutic procedure.

We hope you have found this information helpful and interesting. Please reach out to us here with any questions or comments regarding healthcare legal matters, or if you are a medical provider that has questions regarding Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance.. Feel free to search us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

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Wednesday, November 18, 2015

When is an Injury Covered by Workers’ Compensation?

New Jersey Workers’ Compensation and the New Jersey Division of Risk Management | Helpful Information from the Callagy Law Team

The State of New Jersey is self insured for Workers’ Compensation pursuant to N.J.S.A. 34:15 and all such matters are handled by the “Division of Risk Management”. Workers’ Compensation is legislation to insure that employees injured on the job will be paid without regard to fault. The effect of the compensation statute on the covered “employee” is to take away the employee’s common-law remedies against the “employer” and to substitute in a remedy that requires the employer to pay the compensation benefits stipulated in the statute. The right to pay the compensation is the covered employee’s exclusive remedy against the employer.

In understanding this rule, the State of New Jersey is self-insured for Workers’ Compensation pursuant to N.J.S.A. 34:15-1, et. seq. All matters regarding case management and investigations are handled by the Division of Risk Management. All workers’ compensation obligations, including payments for medical treatment, temporary and permanent disability, are approved and processed by N.J.S.A.34:15-7 and N.J.S.A.34:15-43.

In order to be eligible for worker’s compensation, the first inquiry by the Division of Risk Management is whether the injury arose out of or in the course of the employee’s employment. If the injury is deemed compensable in nature, the injured worker is entitled to the full benefits of worker’s compensation. When medical treatment is warranted, the treatment is fully governed by the State of New Jersey, through the medical management facility, Horizon Casualty Services, Inc. If the injury results in lost time from work, the employee could receive monetary benefits through worker’s compensation, as well. The benefit is based on 70% of the employee’s base salary at the time the injury occurred, however, cannot exceed the rate that is allotted for the year, in question. The amount of the award is based on the percentage of disability that governs the injured body parts in question.

A reported injury is covered under workers’ compensation if the injury is a direct result of the employee’s employment and falls under the guidelines pursuant to N.J.S.A. 34:15-1, et. seq. A work related injury is an injury which occurs out of and in the course of State employment. “In the course of employment” is defined as when “employees are at their place of work, during the hours that they are expected to be there and engaged in doing the task that they were employed to do.” The employee could be traveling outside of the office. Overtime is also included. Moreover, the accident must result in “bodily injury.” Finally, the injury must be the proximate result of the accident the employee sustained. The employee may not recover benefits if there is no such causal relationship.

Under the Workers’ Compensation Statute (34:15-17), unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or someone on his behalf, or some of the dependents, or someone on their behalf, shall give notice thereof to the employer within fourteen (14) days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained.

You must notify the Division of Risk Management with your report of incident/accident within 24 hours of such knowledge, especially if there is a direct need for medical treatment. If no medical treatment is warranted, you are required to keep the report on file.

Learn More About Callagy Law Here:

When is an Injury Covered by Workers’ Compensation? #CallagyCoaching, #CallagyLaw, #LawFirm, #Njsa, #WorkersComp

Friday, November 6, 2015

Good Customer Service Is the Best Sales Technique | Callagy Law

The purpose of this post is to help assist healthcare providers and owners with questions they have concerning their business or relevant knowledge in the field. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

As a client liaison for a law firm (Callagy Law) that serves medical providers, I understand the importance of good customer service. Our clientele expects us to help them in their recovery efforts against PIP/No-Fault insurance carriers, Workers Compensation carriers, and Commercial Insurance carriers. Across the whole gamut of medical provider recovery against insurers, our Firm is expected to assist in the identification, assembly and pursuit of claims against carriers.

One of the functions of a client liaison in our industry–or any other for that matter–is to bridge the gap between sales/marketing and customer service. We perform all three functions at various times in our work week. The key to being successful in this environment is to realize all three are integral to each other. In other words, the best way to get customers to return to you after you have won them over initially is to serve them well. Maintaining a reliable client base is critical to success. Moreover, it can serve as your best advertising, as when one person speaks to five others and they in turn speak to others, and on and on. In the same way that bad reviews can kill any further inquiry from a potential customer, good reviews will do all the selling for you. Any firm needs not only to keep customers happy, but to keep them so happy, they are anxious to sing your praises, whether asked to do so or not.

So what does good customer service actually do for us? Let’s consider a current customer whose being contacted by a new potential client. The new potential client will have a few questions to ask an existing customer. Some of these are:

Are they receiving good value for the services they are receiving?

Were there any unpleasant surprises in doing business with the Firm?

Good customer service helps answer all these questions. If we gave our customers more than they gave us, and we made sure we did so, then we did provide good value. You always want to provide customers with more than they are paying for—that is what brings them value and what keeps them coming back. You never want to provide less value than it is costing a client.

Good customer service also will help avoid any unpleasant surprises. You must manage client’s expectations. A good service representative will understand the processes of their customer and anticipate any problems. This will lead to an effective and efficient relationship, as well as an easy going and comfortable one.

Good customer service is an effective marketing and sales tool and it does not cost anything. The advertising it brings is free—your customer base becomes your spokesperson. You make them happy, beyond anything they ever thought possible, and they become your champion to others who are looking for similar services.

Learning from others and seeking to find information is the first step to success. Whether you need questions answered about Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance., Callagy Law is here to assist you every step of the way. We are headquartered in Paramus, NJ and we are full service law firm that specializes in serving businesses, healthcare providers and individuals. Sean Callagy has assembled a team of attorneys that are exceptional leaders in their legal expertise and have been commended for providing exceptional legal services at every level. If you need a true hands of experience with a legal team, feel free to contact us at here and come meet with Sean Callagy himself. There is no substitute when it comes to working with a lawyer and law team that cares deeply about their clients. Feel free to search us on Facebook, Twitter or LinkedIn!

Good Customer Service Is the Best Sales Technique | Callagy Law #CallagyLaw, #CustomerService, #LawFirm, #Liaisons, #Providers, #SeanCallagy

Monday, October 19, 2015

Drafting Contracts To Avoid Litigation Later

Businesses need to be proactive in choosing vendors and drafting and finalizing contracts to protect themselves from expected and even far-fetched litigation risks. The risk of contracts leading to litigation may be the last thing on the minds of busy employees who are on deadline to get projects moving. However, businesses need to be mindful of avoiding unnecessary risk in writing contracts as well as monitoring the progress of these agreements.

Front-end or Back-end Investment

In drafting (or writing) contracts as well as negotiating contracts there are tradeoffs in how much time and effort the parties should expend in setting highly precise terms versus more generic or vague terms. While it may be easier to use more generic terms that can be applicable for multiple contracts, it is risky because those generic terms may lead to confusion and conflict between the two contracting parties.

To avoid litigation, it may be advantageous to put more time into negotiating and simply discussing terms up front to avoid confusion later between the two businesses. When parties use only vague terms they push issues into the back end which generally means that the disputes end up in litigation.

Businesses need to think long and hard about whether they are willing to take the potential risk of costly litigation in the event of contract litigation.

Litigation can be very time-consuming in addition to financially costly so business leaders need to take the overall inconvenience and risk of this into account when preparing contracts. So, investing in the front-end, while inconvenient and time-consuming, can more predictable than the risk, even if it is relatively unlikely, of litigation at some unknown time in the future.

Maintaining Good Records is Also Key

In addition, it is important to keep good records regarding business relationships and contracts. The contract itself with signed versions should be kept in a safe and accessible location whether that is in hard copy files or electronically.

Also, records showing invoices, payments made, and other relevant information about the contract are important to show whether or not your business, or the other party, is adhering to the terms of the contract. Even documents such as emails or notes from meetings between the two contracting parties can be helpful in determining what the parties actually meant in drafting contracts or how those obligations may have evolved over time. All of these records are potentially important in determining liability as well as damages.

Of course, keeping good business records is simply a good practice for all sorts of other reasons as well. Good business records are important for tax purposes as well as for monitoring revenue, costs, and the overall health of the business.

Contact a Knowledgeable Attorney Now for Guidance

In order to make sure that you are minimizing litigation risk and know exactly what you are getting into when you are negotiating a contract with another business partner, contact one of the knowledgeable lawyers at the Callagy Law firm.

Learn More About Callagy Law Here:

Drafting Contracts To Avoid Litigation Later #BusinessLitigation, #CallagyLaw, #CommercialLitigation, #ContractLaw, #Contracts, #LawFirm, #Lawyer, #Litigation, #NjLaw, #NjLawyer, #ParamusLawFirm, #SeanCallagy, #SeanRCallagy

Monday, October 12, 2015

Employee Handbooks or Employee Contracts?

Most employees are classified as what is called “at-will” employees meaning that at the will of either the employee or the employer the employment agreement between the two parties can be ended at any time.

However, in some jurisdictions, certain factors have the potential of turning at-will employment into a contract or permanent employment situation.

Probationary Periods

Many employers have probationary periods of 30, 90, or some other set number of days during which the employer closely evaluates the employee’s performance and behavior while providing regular feedback. At the end of that probationary period, the employer may summarily terminate the employee or permit him or her to continue working at the firm indefinitely.

The issue is that in some cases, once an employee is no longer probationary, it is assumed that the employee is a permanent employee who should only be terminated for cause. Courts may find that the employer has offered a contract for permanent or something more secure than at-will employment based on a probationary period.

Some human resource experts believe that foregoing probationary periods altogether may be a better option. Or, employers can introduce certain benefits in stages, such as health care benefits after 30 days, and retirement benefits after 90 days, to minimize costs associated with hiring employees who do not work out.

Employee Handbooks as Employment Contracts

It is a common business practice for businesses to create employee handbooks that lay out the responsibilities and rights of employees at the business. These handbooks discuss any number of topics such as non-discrimination statements, dress codes, vacation and sick leave rules, as well as performance appraisal information. Additionally, these handbooks may include information on the terms of employee or the procedures for termination of employment.

In some situations, it is possible to argue that that the handbook creates an employment contract that supersedes the at-will default rule. Employers need to be careful to explicitly state that the handbook is not a contract and that the handbook is not intended to change the nature of the employment arrangement or supercede at-will employment. It is possible to inadvertently create an employment contract that creates additional burdens on employers.

So, why bother writing an employee handbook in the first place? While there are risks in writing down policies because there may be unintended consequences, there are significant risks in failing to provide written documentation on job requirements and expectations to employees. Without written standard language for employees to reference, there is the potential that employees will not know what is expected of them or that terminated or disgruntled employees may pursue litigation against the company alleging that he or she was somehow mistreated or discriminated against as there were no clear policies to follow or that each employee was treated differently in some sort of discriminatory and illegal manner.

Contact a Skilled Law Firm for Help Now

Creating and maintaining a business can be a daunting endeavor. The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law. Contact Callagy Law now for legal guidance.

Learn More About Callagy Law Here:

Employee Handbooks or Employee Contracts? #CallagyLaw, #EmployeeHandbooks, #Employees, #EmploymentLaw, #LawFirm, #NjLaw, #SeanCallagy, #SeanRCallagy

Tuesday, October 6, 2015

Immigration Law Primer for Businesses

Businesses of all sizes must be aware of the various Federal laws surrounding the employment of immigrants. Failure to do so may result in significant penalties from the government and disruption of your business.

The I-9 Form

No matter who you are hiring, you must have any newly hired employee complete a standard form called the “I-9” form The I-9 form is designed to verify the employment eligibility of employees. Employers are required to review certain forms of identification, such as a passport, driver’s license, or Social Security card, from the new employee and record the information on the appropriate form of identification on the form. This form has to be filled out immediately after the employee is hired.

Some employers will have applicants fill out the I-9 form during the application process to accelerate the hiring process. However, this is not advisable because the I-9 form is designed to be filled in after the employee is hired. Also, if the employee ends up not taking the job for whatever reason, then the employer has collected sensitive personal information unnecessarily which has to be managed.

Interestingly, you do not then file the I-9 with the Federal government, but you must keep it on file either three years after hiring the employee or one year after termination, whichever is later. The Federal Immigration and Customs Enforcement agency may audit the records of a business’ I-9 forms to ensure that the employer is checking the identity of its new employees.

Foreign Labor Certification

Hiring foreign workers can be a complicated process for businesses. An employer must seek what is called a “labor certification” from the U.S. Department of Labor. Once that is obtained, then the employer must petition on behalf of the foreign worker to obtain a visa from Citizenship and Immigration Services (also known as USCIS). The employer is responsible for processing these applications and ensuring that they are done accurately and in compliance with the law.

Employers must ensure that they meet all of the necessary regulations regarding employment law and immigration law. These rules are not simple to navigate so employers must take care to ensure compliance.

Natural Origin Non-Discrimination

Federal law, and laws of many local jurisdictions, prohibit discrimination based on national origin. National origin discrimination occurs when a person is treated negatively because he or she is, or believed to be, from a particular country or geographic region. National origin discrimination can also include discrimination based on an accent or ethnicity. So, an authorized foreign worker cannot be discriminated against based on immigrant status or citizenship. Also, employers cannot create policies that apply to all employees, but have a harmful effect on people of a certain national origin and has no rational business justification. Employers must be “blind” to national origin like other protected categories such as gender and race.

Contact a Knowledgeable Lawyer for Assistance

Treading into the field of Federal and local regulatory law can be confusing for busy business owners. The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law. Contact Callagy Law today for legal guidance.

Learn More About Callagy Law Here:

Immigration Law Primer for Businesses #Business, #Callagy, #CallagyLaw, #Immigration, #LawFirm, #SeanCallagy

Friday, September 25, 2015

How Do Businesses Ensure Compliance When Picking Healthcare Plans?

New and existing small businesses have to consider if they will offer health insurance and if so the owner must pick the specific benefits for the company. Under the Affordable Care Act individuals and businesses have new rights and responsibilities regarding health care insurance.

The ACA has instituted new requirements involving various parts of employer-sponsored health care insurance including waiting periods, tax credits, and disclosure rules for employees. Owners and managers of small businesses should be aware of the legal requirements surrounding these regulations to ensure compliance.

Waiting Periods

Under current law, employers who offer health insurance cannot have waiting periods longer than 90 days. Employers occasionally use waiting periods before issuing health insurance to employees. These waiting periods can be to avoid providing costly health insurance to probationary employees before they are hired permanently. Alternatively, waiting periods are sometimes used for employees who are in training periods or have started on a part-time or temporary basis but are moving to a full-time role. Of course, employees must still meet other eligibility criteria in order to obtain the employer-based health insurance.

Tax Credits

For small employers, with fewer than 25 full-time equivalent employees, the Federal government may provide tax credits. Businesses that pay average wages below $50,000 and contribute 50% or more to its employees health insurance premiums, and buy insurance through the small business insurance marketplace may be eligible for the tax credits. The tax credits may equal up to 50% of the employer’s insurance premium costs.

Notably, employers do not have to provide coverage to employee dependents or to part-time employees.

Alternatively, employers who fail to meet IRS requirements with regard to offering health insurance, may face financial penalties.

Disclosures

Employers are now required to provide employees with summary of benefits documents that explain the benefits of the health insurance plan, such as what is covered and what the cost sharing between the employer and employee are under the plan. The coinsurance, copays, and deductibles for individual services as well as annual and lifetime levels are likely going to be included in the summary documents.

Insurance carriers will draft the benefit summary document, which may be based off of a standardized document for small group insurance plans or it may be customized for a particular business. Employers should familiarize themselves with the documents to ensure that they comply with the contract that the business signed with the carrier and so that they can communicate knowledgeably with employees who may have questions about benefits under the health plan.

Employers should note that they may face penalties for failing to comply with the disclosure requirement.

Contact a knowledgeable Lawyer for Assistance

You may also be interested in these Callagy Law Blogs:

Medical Provider, Heal Thyself: Information on the Affordable Care Act

Citizens United and Hypocrisies

Is Obamacare in the Supreme Court Again?

Learn More About Callagy Law Here:

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Friday, September 18, 2015

Callagy Law Pride

Today was a fun day at Callagy Law! When you give our staff a few freebies, we go a little crazy on social media!

We wanted to share a bit of our fun, and hope you enjoy!

Callagy Law Pride #CallagyLaw, #CallagyLawPride, #LawFirm, #LawOffice, #SeanCallagy

Monday, April 13, 2015

Is Obamacare in the Supreme Court Again?

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The post Is Obamacare in the Supreme Court Again? appeared first on Callagy Law Blog

The politics of the Affordable Care Act, more commonly referred to as “Obamacare,” never seem to settle. On March 4, 2015, the Supreme Court heard Oral Arguments in the most recent challenge to Obamacare, King v…

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Tuesday, April 7, 2015

Citizens United and Hypocrisies

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The post Citizens United and Hypocrisies appeared first on Callagy Law Blog

I always find in interesting how our political parties feign outrage over developments that tend to benefit their opposition. The latest case in point is the outcry from the left at the Supreme Court’s Citizens United decision…

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Stella Liebeck and The Truth About the McDonald’s Burn Case

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The post Stella Liebeck and The Truth About the McDonald’s Burn Case appeared first on Callagy Coaching

One morning in 1992, Mrs. Stella Liebeck, a 79-year-old woman, purchased a cup of coffee at a McDonald’s drive thru . She was in the passenger seat; her grandson was driving. Her grandson pulled ahead so Mrs…

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Monday, April 6, 2015

The Multiple Modality Reduction (MMR) Formula: When It Applies

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The post The Multiple Modality Reduction (MMR) Formula: When It Applies appeared first on Callagy Law Blog

Someone is injured in a motor vehicle accident, and they are treated in a hospital emergency room. As part of the evaluation of the patient, an X-Ray of the patient’s lumbar spine (lower back area), an MRI of the brain, and a CAT-SCAN of the left leg are all performed…

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Wednesday, April 1, 2015

Pursuing Economic Crime Degree and Knowing about the Course

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The post Pursuing Economic Crime Degree and Knowing about the Course appeared first on Callagy Law Blog

It is believed that money is root cause of every evil. It surely has that kind of appeal. Some people do not think twice about committing any kind of crime, hurting others, breaking the law and many more…

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Changing Trends of Medical Malpractice New York

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The post Changing Trends of Medical Malpractice New York appeared first on Learn To Be Successful, Business and Life Coaching

Medical malpractice causes numerous injuries and deaths to patients every year throughout the United States. This anomaly, Medical malpractice occurs when a physician or the medical center fails to provide a patient with the required standard of care that result in causing the patient to suffer harm…

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Tuesday, March 31, 2015

What is an Accident at Work Calculator?

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The post What is an Accident at Work Calculator? appeared first on Sean Callagy Business Speaker

The accident at work compensation calculator is not the sort of calculator that you hold in your hand to work out sums. You do not have to buy one if you want to use one and you are welcome to use the accident at work compensation calculator that is provided on the Accident Advice Helpline website…

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Advantages of Hiring Slip and Fall Lawyers

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The post Advantages of Hiring Slip and Fall Lawyers appeared first on Sean Callagy Business Speaker

In most cases, slip and fall accidents are relatively insignificant and will not result in serious trouble. It causes some sort of embarrassment. However, there are also chances of slip and fall accidents that can be serious in nature…

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Thursday, March 26, 2015

Failing Our Veterans in Their Time of Need

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The post Failing Our Veterans in Their Time of Need appeared first on Callagy Law Blog

thankyouWe ask them to commit to extraordinary training, grueling physical and mental conditioning, to go off to a distant land, to face the challenges of foreign languages and alien cultures, and to face enemies who make the brutality of the medieval world look like child’s play…

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