Copyright 2015 Libero Themes.
All Rights Reserved.

8:30 - 6:00

Our Office Hours Mon. - Fri.


Call For Free 15/M Consultation



Westlake Legal Group > Posts tagged "Legal"

My employer consistently pays us late. Is this legal?

Westlake Legal Group my-employer-consistently-pays-us-late-is-this-legal My employer consistently pays us late. Is this legal? Legal


On three separate occasions, my employer has been waiting on funds to be deposited in order to pay staff. When the company doesn’t get paid, the employer states he does not have to pay us until five days after the day our pay is supposed to be distributed. I live in Nova Scotia and haven’t been able to get a clear answer from the labour board. This has caused many of my co-workers to be charged a NSF fee. Is this legal?


Story continues below advertisement

Daniel Lublin

Partner, Whitten & Lublin Employment Lawyers, Toronto

The Nova Scotia Labour Standards Code provides your employer with the latitude to pay your salary up to five working days later than your regularly scheduled pay day. But habitually abusing this leeway is a form of bad faith, even if not technically illegal.

The late payment rule is not unique to Nova Scotia. Each province addresses this situation slightly differently. For example, in British Columbia and Alberta, employers can pay up to eight and 10 days later than the regularly recurring pay date. In Ontario, however, employers must pay you no later than your regular pay date.

Notwithstanding any of these rules, if your employer is repeatedly paying you late, or sometimes not at all, you are not working for the right company. In some cases, late payment of salary can also amount to a constructive dismissal.


Heather Faire

Story continues below advertisement

Story continues below advertisement

Canadian human-resources executive, Atlanta

I am going to guess that you work for a small business or startup, which can experience payroll-funding issues. Most provinces allow for reasonably delayed wage payments, to provide flexibility for continued operations.

In the short term, you should explore ways to avoid NSF or late fees. Consider delaying or staggering bill payments and save for an “emergency fund” to cover pay gaps. You should ask your employer if they will reimburse your NSF fees to recover those losses.

In the long term, you should decide whether this is the employer for you.

Startups and small businesses can be exciting. The pace and decision making tend to be fast and there tends to be more openness to new ideas and experimentation. Employees can get more responsibility and gain unique experiences. There is a rare chance of an equity-payout jackpot. However, startups and small businesses tend to be risky and stressful. Employees can experience longer hours, lower wages or higher layoff rates.

Large or established businesses can provide more comfort and stability. They tend to be less stressful. Larger or established businesses tend to be less apt to let employees “play out of position” so development can be slower and more standard. Generally, the pace and decision making are slower and there is more resistance to experimentation and change.

Story continues below advertisement

Where you work can be as important as what or how you are paid. Different work environments have their own risks and rewards. Choose the environment that is best for you overall to ensure your best opportunity for success and happiness.

Some of the best bosses in the world have changed the rules about how they develop talent and care less about retention Special to Globe and Mail Update

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Awaiting Supreme Court decision, pro sports leagues prepare for legal betting

Westlake Legal Group Sports_Gambling_Generation_Gap_64772-c90ea Awaiting Supreme Court decision, pro sports leagues prepare for legal betting Legal
College basketball betting lines are displayed on a screen at a sportsbook owned and operated by CG Technology in Las Vegas. (John Locher/Associated Press)

Across Florida and Arizona, professional baseball teams are prepping for the inevitable surprises of a 162-game season. Players and coaches use spring training to limit the unknown variables, and this year so is Major League Baseball.

By the season’s midpoint, fans in certain states might be able to place legal bets on baseball games, and MLB officials knew they couldn’t afford to wait to start preparing. So players from every team are getting an enhanced education this spring on sports gambling, as are coaches and umpires.

Some time before July — perhaps as early as Tuesday — the Supreme Court is expected to make a ruling that could drastically alter sports gambling in the United States, possibly striking down the 25-year-old federal law that largely prohibits sports bets outside of Nevada or maybe allowing individual states to decide for themselves whether fans should be permitted to wager on games.

“We’re realistic that sports betting in all likelihood is going to expand in the United States,” MLB Commissioner Rob Manfred said on a conference call with reporters last week.

The four major U.S. sports leagues have been bracing for all possibilities, both ready and in some cases eager for the new world that could be waiting on the other side of the court’s decision. To varying degrees, the leagues have been educating players, have started studying analytics that monitor betting data and have researched the partnerships and business opportunities that surely will open new revenue streams.

While the leagues historically have considered sports betting a serious threat to business and banded together a quarter-century ago to encourage Congress to pass the Professional and Amateur Sports Protection Act, some attitudes have changed. Manfred recently said sports gambling “can be a form of fan engagement; it can fuel the popularity of a sport. We all understand that.”

While the Supreme Court could opt to maintain the status quo, many sports gambling analysts and court-watchers anticipate a ruling that lays out some sort of path to legal sports wagering. At oral arguments in December, a majority of justices seemed receptive to New Jersey’s argument.

While the NFL and NHL have been less public or vocal about their planning, the NBA and MLB have teamed together and have been actively lobbying state legislatures, helping them craft bills that address their myriad concerns. At least 18 state legislatures have some form of legislation in the works in anticipation of the Supreme Court giving them a path to legalized sports betting, and NBA and MLB officials have been crisscrossing the country to share their preferred model.

“We were happy to sit with legislators and look at the economics and talk about what is the best system,” NBA Commissioner Adam Silver told reporters during last month’s All-Star Weekend.

According to research by UNLV’s Center for Gaming Research, legal sports betting in Las Vegas has nearly doubled in the past decade, totaling nearly $5 billion. Football, both college and professional, accounted for $1.76 billion of that last year, followed by basketball at $1.5 billion and baseball at $1.14 billion. Experts estimate that illegal betting in the U.S. is significantly higher, likely topping $100 billion.

The NBA has been particularly aggressive in this space and last year promoted an executive to the newly created position of “vice president, head of fantasy and gaming.” Dan Spillane, the NBA’s senior vice president and assistant general counsel, told a New York state Senate committee that legalized sports wagering will require leagues to do more — “more in compliance and enforcement, including bet monitoring, investigations and education.”

“We have studied these issues at length,” Spillane told the committee. “Our conclusion is that the time has come for a different approach that gives sports fans a safe and legal way to wager on sporting events while protecting the integrity of the underlying competitions.”

Westlake Legal Group All_Star_Saturday_Basketball_36416-96845-4716 Awaiting Supreme Court decision, pro sports leagues prepare for legal betting Legal
NBA Commissioner Adam Silver has been receptive to the idea of legal sports wagering. (Chris Pizzello/Associated Press)
‘Increased transparency’

The model encouraged by the NBA and MLB goes further than simply opening betting windows, building in safeguards and potentially discovering a big revenue stream for the leagues. They’ve been lobbying states to encourage consumer protection requirements, such as a licensing program and measures to address problem gambling; authorizing betting on the Internet and mobile platforms that might further discourage illegal channels; allowing leagues to restrict the types of bets permitted (for example, not offering a line on whether a player will commit the first foul of a game or whether the first pitch of a game is a ball or strike); and urging sports books to share betting data that might identify unusual activity.

“One of the primary benefits of a regulated sports betting industry would be increased transparency into what is currently a black box: the betting data in the illegal market,” Bryan Seeley, MLB’s senior vice president and deputy general counsel, told the Kansas legislature last week. “This would provide access to billions of points of data, which could be aggregated, analyzed and acted upon in real time to protect games from outside influences.”

Perhaps most notably, under their proposal, each league would receive 1 percent of every dollar wagered on its games. Silver likens this to an “integrity fee,” or a “royalty to the league.”

“I would only say, from the NBA’s standpoint, we will spend this year roughly $7.5 billion creating this content, creating these games,” he said. “Those are total expenses for the season. So this notion that as the intellectual property creators that we should receive a 1 percent fee seems very fair to me.”

He also noted that the leagues will take on added expenses, in monitoring data, providing education and possibly conducting investigations and enforcement. While the leagues have implied that 1 percent figure is negotiable, others have expressed concern that the fee could backfire. Geoff Freeman, the president of the American Gaming Association, said unlike others types of gambling, sports betting is a low-margin business, and even 1 percent could cost a sportsbook 20 percent of its revenue. The net result could be bookmakers installing tighter odds that aren’t competitive with what’s offered on the illegal market.

“This isn’t slot machines, where you can put a tax rate of 50-plus percent and still make money,” Freeman said.

While legalized sports betting surely will open up new partnerships, sponsorships and business opportunities — for starters, DraftKings already has announced its intention to take sports bets if the federal law is struck down entirely — the leagues would stand to reap huge revenue from any states that ultimately agree to kick back any portion of its sports wagering money. Since the leagues are the ones that assume the risk, MLB’s Seeley told the Kansas legislature, they’re the ones that must protect themselves — “as the damage from even a hint of scandal will hurt the sports leagues far worse than anyone else.”

Westlake Legal Group Manfred_Spring_Baseball_35431-90c9e Awaiting Supreme Court decision, pro sports leagues prepare for legal betting Legal
MLB Commissioner Rob Manfred said, ‘Whether it’s legalized here or not, it’s happening out there.’ (Ben Margot/Associated Press)
Not so simple

Less vocal, the NFL and NHL have studied many of the same issues. The NHL added an expansion franchise in Las Vegas this season, and the NFL’s Oakland Raiders are relocating there as early as next year. Both moves prompted league officials to weigh all the implications and potential consequences of doing business in the gambling capital of the United States. Neither league is committed publicly to any new measures based on the Supreme Court’s pending decision.

“We all will be guided by what the Supreme Court ultimately decides,” NHL deputy commissioner Bill Daly said in a statement to The Post. “Things won’t change immediately or overnight. We will digest the opinion and make adjustments to our existing policies as necessary.”

The NFL consistently has expressed reservations about legalizing sports wagering.

“Regardless of the outcome, we will maintain our relentless focus on protecting the integrity of the game and ensure there are no improper influences affecting how the game is played on the field,” NFL spokesman Brian McCarthy said. “If there are changes, we will work with regulators, operators, the clubs, players and others to ensure that our fans and the game and the people who play, coach, and officiate it are protected.”

Whatever happens after the Supreme Court ruling, it could happen quickly. Monmouth Park in New Jersey already has a sportsbook facility ready to go, though the state may have to tweak its legislation further before bets start coming in. Pennsylvania has signed legislation into law in anticipation of legalizing sports wagering. In West Virginia, a bill has already passed both chambers, and states such as New York and Indiana are poised to move quickly on their bills. Other states — such as Maryland, which is considering a bill that calls for a voter referendum — would have several more steps to navigate.

“It’s not as simple as signing a bill, and then you have a sports betting industry,” said Chris Grove, managing director at Eilers and Krejcik Gaming, a gambling research firm. “A lot more has to happen before licensed operators can start taking sports bets.”

Even if the Supreme Court’s ruling doesn’t drastically alter sports gambling in the United States immediately, those who’ve been monitoring the issue say the national dialogue has progressed — and leagues, fans and lawmakers have to continue taking steps to prepare for the day that sports betting is legalized.

“Sports betting happens,” Manfred said at a recent economic forum in New York. “Whether it’s legalized here or not, it’s happening out there. So I think the question for sports is really: ‘Are we better off in a world where we have a nice, strong, uniform, federal regulation of gambling that protects the integrity of sports, provides sports with the tools to ensure that there is integrity in the competition? . . . Or are we better off closing our eyes to that and letting it go on as illegal gambling?’ ”

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

On immigration, why does the left refuse to distinguish between ‘legal’ and ‘illegal’?

Westlake Legal Group on-immigration-why-does-the-left-refuse-to-distinguish-between-legal-and-illegal On immigration, why does the left refuse to distinguish between 'legal' and 'illegal'? Legal

We can all empathize with people looking for a better life, but we cannot have open borders and maintain good quality of life. At some point, and many think we are quickly approaching it, we will have an over-supply of low-wage, under-educated workers pushing blue-collar Americans out of the workforce.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Will legal weed come to NJ? What to know about the latest proposal

Westlake Legal Group will-legal-weed-come-to-nj-what-to-know-about-the-latest-proposal Will legal weed come to NJ? What to know about the latest proposal Legal

Payton Guion | NJ Advance Media

NJCI Garden State Dispensary in Woodbridge grows and sells medical cannabis

Andre Malok | NJ Advance Media

1. You could grow weed at home

2. There could be hundreds of pot shops

NJCI Garden State Dispensary in Woodbridge grows and sells medical cannabis

Andre Malok | NJ Advance Media

3. The state would get less tax revenue

4. Fewer businesses would be involved

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Place your bets? Illinois preparing for legal sports wagering

Illinois lawmakers are discussing what shape legal sports betting would take in the state if a highly anticipated U.S. Supreme Court decision clears the way for the potential multibillion-dollar industry.

Five state senators and representatives have filed bills since January that’ll spark the sports wagering conversation in Springfield. Democratic state Sen. Steve Stadelman of Loves Park, chairman of the gaming committee, said he expects public hearings within two months.

“Some of the bigger issues and questions that we’ll have to discuss is, obviously, the tax rate,” Stadelman said. “What venues would be allowed to have sports betting? For example, casinos, racetracks? Would it be offered online? Would it be offered in a retail environment?”

Nothing can happen, however, unless the Supreme Court issues an opinion in the case Christie v. National Collegiate Athletic Association striking down a 1992 federal law preventing states other than Nevada from authorizing single-game wagering on professional and college games.

Filed by then New Jersey Gov. Chris Christie, the suit challenges the Professional and Amateur Sports Protection Act. Justices heard arguments in December and are expected to rule by June.

Illinois is one of many states where lawmakers are filing bills in anticipation of the Supreme Court’s siding with New Jersey. A state would need a law enabling sports betting if the federal ban were lifted.

States see billions of dollars in potential revenue from sports betting.

Americans typically place $150 billion in illegal bets on U.S. sports annually, according to the American Gaming Association. Last year’s NCAA college basketball tournament alone attracted $10.4 billion in wagers — 97 percent made illegally, the gaming association says. Another $58 billion was wagered on NFL and college pigskin action last year, just $2 billion of it legally, according to the group.

Stadelman’s bill predicts Illinoisans would bet at least $7 billion per year on sports, based on a projection of $175 billion in annual legal revenue nationwide. He said his bill, which refers to consumer protections for sports gamblers, is a general “placeholder” designed to launch discussion.

“I don’t want to be debating a year or two down the road while something’s being allowed in other states,” Stadelman said. “I don’t think that’s to our advantage in Illinois.

“It does mean revenue to the state. It’s not a panacea for the state. And of course, how much revenue it would bring in depends on the model that you approve.”

Westlake Legal Group place-your-bets-illinois-preparing-for-legal-sports-wagering Place your bets? Illinois preparing for legal sports wagering Legal

Illinois House Deputy Majority Leader Lou Lang, a Democrat from Skokie, is among the state lawmakers who’ve filed bills this year addressing legal sports betting.

Democratic state Rep. Lou Lang of Skokie, who filed a generic bill calling for sports wagering, said what’s at stake is the potential creation of a multibillion-dollar industry. That can’t be done hastily, he said. Lang was the architect of a gambling expansion plan to add slot machines at Arlington International Racecourse in Arlington Heights and open five new casinos statewide. It was vetoed by Gov. Pat Quinn in 2012.

A final sports betting bill would need to be balanced and avoid helping specific casinos, horse racing tracks or other businesses, Lang said. He envisions many hours of negotiations over locations, possible operators and the regulatory scheme, similar to what happened with the unsuccessful gambling expansion effort.

“What will bring this all together is leadership,” Lang said. “And we’re not just going to pick a bill and run it.”

Opponents also plan to have input on the issue. Among them is Anita Bedell, executive director of the Springfield-based Illinois Church Action on Alcohol and Addiction Problems.

Bedell’s organization is encouraging people to contact state legislators and ask them to oppose sports gambling in Illinois. She’s concerned about young men being vulnerable to legal sports wagering online 24 hours a day — her organization has said 66 percent of fantasy sports players are male — along with the potential for underage gamblers using accounts established for someone 21 or older. “Gambling interests overstate how much money the state will get and they never consider the costs,” Bedell said.

Westlake Legal Group place-your-bets-illinois-preparing-for-legal-sports-wagering-1 Place your bets? Illinois preparing for legal sports wagering Legal

  Arlington International Racecourse in Arlington Heights could host legal sports betting if also granted a casino, General Manager Tony Petrillo says. But first, the U.S. Supreme Court would have to overturn a federal law banning most sports wagering outside of Nevada. – John Starks | Staff Photographer, 2017

Officials at Rivers Casino in Des Plaines and Grand Victoria Casino in Elgin did not respond to messages seeking comment on sports betting. Arlington International Racecourse General Manager Tony Petrillo said the track would want a casino to go with sports betting.

“If we are treated equally with the casinos and we have slots and table games,” Petrillo said, “and then we have sports betting, that’s a venture that would be very plausible for this property.”

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Another legal battle over life support shows the need for advance directives

Westlake Legal Group another-legal-battle-over-life-support-shows-the-need-for-advance-directives Another legal battle over life support shows the need for advance directives Legal

The advance directive seeks to keep responsibility for decision making with the patient. In this way, control over issues such as whether the patient should be physically maintained, what is in the patient’s best interest, and who the decision maker is, remains with the patient as it is in other situations.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

US Legal News Round Up for Saturday, 17 March 2018

<!– Fav and touch icons –>JURIST – US Legal News Round Up for Saturday, 17 March 2018<br />

Legal Aid Society launches annual campaign for equal justice

Westlake Legal Group legal-aid-society-launches-annual-campaign-for-equal-justice Legal Aid Society launches annual campaign for equal justice Legal

Scott Hickman with Sherrard Roe Voigt & Harbison was named the chair for this year’s campaign, which has a fundraising goal of $826,000.

The campaign for equal justice is held annually since 1987 to support the Legal Aid Society – Tennessee’s largest nonprofit law firm – in its mission to provide free legal assistance to low-income individuals throughout Middle Tennessee and the Cumberland Plateau.

William C. Koch Jr., dean of the Nashville School of Law, gave the keynote address at the kick-off luncheon, which was sponsored by Pinnacle Financial Partners. Koch emphasized Legal Aid Society’s importance to Tennesseans living at or near the poverty level.

“More people are practicing law today than ever before, yet tens of millions of Americans do not have access to legal representation when they need it, and this gap is growing. We must train and empower more lawyers to meet the needs of the average, everyday Americans – not just the elite – and Legal Aid Society plays a key role in carrying out this important mission,” he said.

‘); }else{ document.write(”); }

The 2018 campaign committee brings together attorneys and community partners from Nashville and the surrounding area. This year’s campaign committee members will include:

• Hickman will serve as chair.

• Bob Boston with Waller Lansden Dortch and Davis and Wendy Longmire with Ortale Kelley are large firm co-chairs.

• Jerry Martin with Barrett Johnston Martin and Garrison is the small firm chair.

• Judge Barbara Holmes is the judges chair.

• Martesha Johnson with the Metropolitan Nashville Public Defender’s Office will serve as government attorneys chair.

• Sherie Edwards with State Volunteer Mutual Insurance Co. is the corporate attorneys chair.

The 2018 leadership cabinet is made up of 35 law firms and in-house legal departments, each of which commits a $400 donation per attorney to Legal Aid Society.

“For nearly 50 years, we have been and will always be about finding solutions for low-income Tennesseans – strengthening families, strengthening communities,” said Gary Housepian, executive director of Legal Aid Society. “The funds raised in this campaign enable us to continue reaching into the 48 counties of our service area across Middle Tennessee and the Cumberland Plateau to give our fellow Tennesseans equal justice, fairness and better lives. We’re deeply grateful to our donors who help us every year as we work toward this goal.”

Legal Aid Society of Middle Tennessee and the Cumberlands advocates for fairness and justice under the law. The nonprofit law firm offers free civil legal representation and educational programs to help people in its region receive justice, protect their well being and support opportunities to overcome poverty. It serves 48 counties from offices in Clarksville, Columbia, Cookeville, Gallatin, Murfreesboro, Nashville, Oak Ridge and Tullahoma. Legal Aid Society is funded in part by United Way. Learn more at las.org or by following the firm on Facebook.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Helping legal immigrants through the paper maze

Westlake Legal Group helping-legal-immigrants-through-the-paper-maze Helping legal immigrants through the paper maze Legal

Erica Putnam, manager of Fulmont Community Action Agency’s Gloversville field office, takes a phone call. She is one of two Fulmont staffers who have been certified in immigration law to assist people to become naturalized citizens. (The Leader-Herald/Eric Retzlaff)

FONDA — Becoming an American citizen isn’t as easy as just walking through a door. In fact, it is far more complicated.

First, a person has to have lived here legally for five years. Then there are applications to fill out, each carrying a fee. And finally candidates have to learn American civics in order to pass an exam, including how the American governmental system works.

Fulmont Community Action Agency, headquartered here, is trying the make the process easier by helping would-be citizens to negotiate the system.

The agency has applied to the U.S. Department of Justice for accreditation to do that and has gotten two of its staffers certified in immigration law to guide people through the naturalization process. The DOJ is expected to respond to the application in about 30 days.

“There is a need to provide these services to people who can’t afford it,” said Denis Wilson, Fulmont’s executive director. “They don’t make enough money to go through the process.

“By doing this, we’re going to make the community better and make the lives of individuals better.” For instance, once naturalized, a person may have more employment opportunities, especially government jobs, he said.

Vanessa Carey, who heads the Fulmont’s Northville office, and Erica Putnam, who is in charge of the Gloversville office, were trained in immigration law by the Immigration Concerns Training Institute of the New York City-based Immigration Coalition and are required to take refreshers annually. Fulmont also has offices in Fort Plain and Amsterdam and can work with clients in any of its offices.

Once in the United States for five years, a person may progress to citizenship anywhere from a year and a half to five years, “depending how ambitious they are,” Carey said.

“Say you’re coming from a war-torn country, you’re going to be doing everything in your power to become a citizen”–a commitment of time and money, she said.

Carey and Putnam’s work is free to clients, and interpreters are provided free by the federal government.

Because all of this is new to Fulmont, Wilson said only six to eight people may be assisted in the first year and, once the agency has more experience with the program, the number may increase. “We’ll be taking baby steps at first,” he said. Fulmont has taken on the project with the encouragement of the state Department of State.

The citizenship program would be well within the human services work of Fulmont, which operates such programs as a preschool, transportation for the elderly to medical appointments, a food pantry, assistance in paying energy bills (Home Energy Assistance Program), and supplemental food for pregnant, breastfeeding and postpartum women and their children up to age 5 (Women, Infants and Children).

“We’re advocates for people–those folks who need assistance,” Wilson said.



Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Nun says she’s broke after a legal battle with Katy Perry

An 80-year-old cancer-stricken Los Angeles nun says she’s so broke that she doesn’t know where her next meal will come from — because Katy Perry bought the sister’s convent for some $14 million, setting off a take-no-prisoners legal battle.

Sister Rita Callanan is one of the last nuns still living at the Convent of the Sisters of the Immaculate Heart of Mary — where she thought she’d live until her last days, London’s the Daily Mail reportedSaturday.

Then the “Firework” singer tried to buy the property from the Roman Catholic Archdiocese of Los Angeles, headed by Jose Gomez. He claims to own the convent and sold it to Perry in 2015, according to the report.

Callanan and her late fellow nun, Sister Catherine Rose Holzman, believed they had the right to sell it. Holzman collapsed and died last Friday in the courtroom where the case was being heard.

Perry said she wants the 22,000-square-foot Mediterranean-inspired property so that she can “sip green tea and find herself.’

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/