Tonight was my first night back in the studio after returning home from military duty and I think we picked a great topic to discuss. Joining me to talk about the Family and Medical Leave Act (FMLA), including the new regulations that employers and employees need to know, was Ariel Solomon, employment law attorney at Tully Rinckey PLLC.

For those of you unfamiliar with FMLA, the Act requires employers to give 12 weeks of unpaid leave to employees who are seriously sick, have a chronic condition, or who are pregnant or adopting a child. It also covers employees who must take leave to care for sick family members. However, this can’t be just any member of your extended family, it only applies to next of kin, which includes a spouse, son or daughter, sibling or parent.

Ariel explained that there are certain requirements that must be met in order to utilize FMLA: the employer must have 50 or more employees and the employee must have worked there for one year or have worked a total of 1250 hours in a year. Employees also must give at least 30 days notice if possible and supply the required notifications from doctors.

New regulations, which will need to be implemented by January 26^th, 2009, affect military servicemembers, who are now allowed 26 weeks unpaid sick leave in order to care for family members who are injured during active duty. The new regulations also cover periods of short deployment, giving family members the chance to make the proper arrangements before leaving.

I know how important this Act and the new regulations are, especially with the number of returning servicemembers coming home from serving our country. If you have questions about your rights under FMLA or would like to speak to Ariel Solomon or one of our other experienced attorneys, call Tully Rinckey at 518-218-7100 or visit our website at www.tullylegal.com.

Stepping in again tonight to host the show was Barbara King, family and matrimonial attorney and partner at Tully Rinckey PLLC. Taking on the topic of mediation, she was joined by special guest Jeffrey Cohen, a prominent mediation attorney in the Capital Region.

In my years in the legal profession, I’ve found that many people often confuse the mediation process with what’s known as arbitration. Mediation is a less formalized legal process that is based on self-determination, meaning the two parties involved ultimately make the decisions. This differs from arbitration, wherein an arbitrator will make the decision for the couple, which they must then follow.

As a mediator, Jeff explained that his role is a neutral one, in which he helps his clients make educated choices without bringing any preconceived notions into the mix. He’s had extensive training on how to be completely unbiased, something important to look for in a mediator. There are many benefits to choosing mediation over going to court, including saving time and money. The mediation process is generally much faster than a court proceeding and much less expensive.

While Jeff said nearly 90 percent of his cases have been successful, not every couple is a good candidate for mediation. For instance, couples dealing with domestic violence issues often have an imbalance of power that does not lend itself to the mediation process. Cases in which there is a noticeable financial imbalance are usually not good candidates either.

If you have questions about the mediation process or would like to speak to Barbara King or one of the other attorneys at Tully Rinckey, please call 518-218-7100 or visit our website at www.tullylegal.com.

Tonight’s topic was on a disease that has been receiving more and more attention recently – mesothelioma. On hand to talk about the disease and the legal recourse entitled to victims were Paul Harding and Dan Dagostino from Martin Harding and Mazzotti LLP, one of New York’s most prominent personal injury law firms.

Mesothelioma is a type of asbestos-related cancer that develops in the mesothelial cells of an organ. Asbestos exposure causes mesothelioma and in most cases it takes years for the cancer to develop, sometimes remaining latent anywhere from 15 to 50 years. There are about 3,000 to 4,000 new cases each year.

Mesothelioma has been especially prevalent among servicemembers and veterans, since asbestos was used throughout naval ships and military machinery from the 1930s through the 1970s. Men and women working in confined quarters such as the boiler room on a ship or below deck were exposed, as well as anyone working with packages on shipyards. Automotive and power and electric plant workers have also been victims, many times bringing the asbestos fibers home with them on their clothes and exposing their families as well.

People with mesothelioma have the right to seek legal recourse and compensation from the companies who manufactured the hazardous materials and did not warn workers of their dangerous side effects. Time is of the essence in these cases. Sadly, most victims do not have much time left after being diagnosed. The team at Martin Harding and Mazzotti does their best to speed the process along, all the while making sure their clients are as comfortable as possible. After the client’s work history is traced back to the places and times the exposure occurred, they may be entitled to a settlement.

If you or someone you know has questions about mesothelioma or wants to pursue legal action, call us at 518-218-7100 or email at info@tullylegal.com. You can also find more information on the disease at www.fedattorney.com.

I wasn’t able to be a part of the show this week, but I left the mic in very capable hands. Barbara King, partner at Tully Rinckey PLLC practicing family and matrimonial law, stepped in for me, along with guest host Tom Carr, criminal defense attorney at Tully Rinckey, and special guest Lisa Frisch who is the Executive Director of the Legal Project.

The Legal Project is a great resource not only for victims of domestic abuse, but for anyone who is unable to afford an attorney. They are a not-for-profit organization who offer free or low cost legal services for those who are living paycheck-to-paycheck and simply don’t have the funds available to get the help they need.

Tonight’s topic focused on the issue of domestic violence, including identifying what exactly constitutes as abuse, typical abusers, and what resources are available to both victims and those accused. We were luckily enough to have Tom Carr on hand to help discuss these items, as he has seen domestic violence from both sides of the fence. He has worked as a District Attorney in Brooklyn and as Bureau Chief in the Special Victims Unit in Rensselaer County, where he prosecuted domestic violence cases and now works as a defense lawyer handling the same situations.

There are stereotypes of who a typical abuser is – predominately of a male alcoholic who is on the lower end of the economic scale. This isn’t the case, as Tom pointed out. They can be anyone from a successful doctor to a professional businessman, in all social groups, and not necessarily male. While most statistics show it is mainly women who are being victimized, that may be because men are more reluctant to report abuse. There has also been a rise in abuse cases involving same gender couples.

One of the interesting things that came up during the discussion tonight was the idea of an integrated court system. This is a relatively new idea where instead of having two different judges for your criminal court case and your family court case ruling concerning your domestic violence issue, there is only one judge who hears everything. This makes it much easier and provides continuity for decisions.

If you need legal help regarding domestic violence, or have questions on anything you heard on tonight’s show, call Barbara King or Tom Carr at Tully Rinckey PLLC. They can be reached by calling 518-218-7100 or by visiting our website at www.tullylegal.com.

Lately it seems like the whole country is focused on the Presidential election - studying the debates, the political ads and the candidates’ platforms. Here in the Capital District, we’ve been having a heated political race of our own - one for a seat on the New York State Supreme Court Third Judicial District.

We wanted to get the facts directly from the candidates themselves, so we had both Judge Patrick McGrath and Judge Anthony Carpinello on our show tonight. Helping me sort through their policies was Albany criminal defense attorney Tom Carr of Tully Rinckey PLLC.

In my opinion, in order to make an informed decision on Election Day, you must do your homework. Knowing where each candidate stands on the important issues is crucial. I hope that tonight’s show helped listeners and voters in the area make up their mind on which Judge they want to see work for them in the Supreme Court.

Experience seems to be a big factor in this race and was mentioned by both candidates. McGrath has 23 years of experience on the bench, presiding over criminal and civil cases, while Carpinello, who has been in private practice for over 20 years, has spent 12 years serving as a judge in the Appellate Court division. To hear more about what Judges McGrath and Carpinello had to say regarding why they deserve your vote, you can listen to our podcast found here.

Or, if you have any questions for Tom Carr or one of our other experienced attorneys, call us at 518-218-7100 or visit our website at www.tullylegal.com.

As with last week’s show, our topic tonight could not be timelier with the current economic climate in our country. Bankruptcy is something we all hope we will never have to file for, however, some of us will not be so lucky.

In the instance you are considering filing for the dreaded Chapter 7 or Chapter 13, we had Albany bankruptcy attorney Paula Barbaruolo on hand to explain the process and dispel some of the myths surrounding this area of law. Also on the show tonight was guest host Barbara J. King, Albany family and matrimonial attorney and partner of Tully Rinckey PLLC.

We got a couple of really great calls tonight, one in particular brought up a good point about what can and can not be discharged under bankruptcy. If you are filing for bankruptcy and are currently paying any type of child or spousal support and think you will be let off the hook on having to pay that, guess again. You might get relief from credit card debt or foreclosure, but you still have to keep paying your monthly child support amount, which is something I don’t think a lot of people realize.

Another interesting thing that Paula explained to us was about a part of the bankruptcy code called the means test. This is a test to determine what your monthly income is and how it compares to the median income for the state you live in depending on the number of people in your household. If you don’t pass the test, that is you are over the median amount, then you are presumed to be abusing the financial system if you file for Chapter 7 and instead will be required to pay creditors back over a period of five years.

If you have any questions about tonight’s show or would like to speak with one of the attorneys at Tully Rinckey PLLC, give us a call 24/7 at 518-218-7100 or visit our website at www.tullylegal.com.

With an economic crisis currently facing our country, it has become more important than ever for small business owners to protect themselves. This protection needs to be established from the beginning and with the help of tonight’s guests we were able to explore the elements of starting a business properly.

In the studio tonight with me were business formation and estate planning attorney Michael J. Tommaney of Tully Rinckey PLLC, Certified Public Accountant Jeremy Noble and Albany small business owner Missy Shorey, CEO of Shorey Public Relations LLC.

One of the first things you have to do when starting your business is decide what type of entity it will be. Common forms include sole proprietorships, partnerships, corporations, and limited liability companies. It’s important to give this step serious consideration, as each form comes with a different set of rules and responsibilities.

Another vital step, which all of our guests stressed, is sitting down and writing a solid business plan. Sure, it’s fine to have all of your ideas in your head, but if you want banks and investors to take you seriously, you need to have something tangible. Included in the plan should be what your business will offer that isn’t already on the market, what you expect to accomplish, how you want to grow and more.

When starting a business it’s integral to have the help of professionals, including an experienced business attorney. They will be able to help you keep track of everything you need, make sure you are filing the correct papers, and work out contracts for any employees you may have. Like Missy said, it’s better to spend the money at first then pay double down the road for the mistakes you made trying to do it on your own.

If you have questions about business formation, call Mike Tommaney, who has over 30 years of experience in business law and estate planning. He can be reached at 518-218-7100. For more information, feel free to visit our website at www.tullylegal.com.

Tonight we discussed the topic of immigration and got into how immigrants can become U.S. citizens, what happens to illegal immigrants if they are caught, and also the process of international divorce. To help us navigate this area of the law, we were joined by Seth Leech, immigration attorney from Whiteman Osterman and Hanna LLP, as well as one of my law partners at Tully Rinckey PLLC, Albany family and matrimonial attorney Barbara J. King.

I think a beneficial distinction we made tonight was the difference between a visa and a green card. There are a number of different types of visas immigrants can apply for, ranging from student visas to business ones, and even fiancée visas. The big thing to keep in mind with visas though is that they are only temporary. There is a time limit given to them, and while the law states there is no limit on the amount of times you can renew the visa, Seth indicated that it was pretty unlikely the government would give you a second visa.

A green card, also known as lawful permanent residence, is just that, permanent. It serves as a proof that its holder has been officially granted immigration benefits, which include permission to reside and take employment in the U.S. Visit our site to learn more about the different ways to obtain a green card.

Some people think that we don’t need immigrants, and I whole-heartedly disagree. Immigrants play critical roles in our society, most importantly in the area of employment. As Seth pointed out, there are a lot of high-tech businesses out there that simply can’t get the workers they need through the U.S. population. Not to mention the farming communities, even our own in Upstate NY. Personally, I think that immigrants are what make our country so great – the old “melting pot” slogan really holds true.

If you have any questions about immigration law or need help with an international divorce, call the Tully Rinckey office at 518-218-7100 or visit our website at www.tullylegal.com.

Family and matrimonial attorney Barbara King, partner at Tully Rinckey PLLC, joined us tonight to discuss custody issues now that children are back to school. The new school year means new activities, new friends, and new problems with visitation schedules for parents who are separated or divorced.

Barbara pointed out that there are two main age groups where she sees most of the major problems: young children who are entering school for the first time and teenagers. For couples with children going into kindergarten, they have never had to deal with working school into their custody schedules before, and it can be hard at first. Teenagers, on the other hand, are beginning to develop their own lives and schedules, which makes it difficult to work in time for parent visits.

In addition to kids going back to school, I’ve noticed that Halloween has become a huge bone of contention with parents. The younger the children are, the more of a fight it becomes as to which parent gets to be with the child and take them trick-or-treating. While it’s not always easy to split, Barbara and I both suggest that parents try to take turns with the years or work out some other plan rather than taking it to court. Do you really want the courts to micromanage your life that much?

While we do encourage that parents try to work out a custody or visitation agreement on their own, sometimes this isn’t possible. By calling an attorney, they can help you figure out the best way to make sure both parties are satisfied and also help keep the best interest of the child or children in mind.

If you need help with drafting or modifying a custody agreement or have any questions, call Barbara King or one Tully Rinckey PLLC’s other family law attorneys at 518-218-7100 or visit our website at www.tullylegal.com.

In addition to guest host Barbara King, we were also joined tonight by Albany special education and school law attorney Jennifer R. Sunderlin of Tully Rinckey PLLC. She was on-hand to help explain the rights of children with special needs in regards to their education.

If you think your child has a special need or disability and is not receiving the education they require, Jennifer told us that the first step is to request a referral to the Committee on Special Education. Parents and also school administrators can do this. The child is also entitled to an evaluation, paid for by the school, in order to determine what his or her exact needs are.

Some warning signs Jennifer mentioned for typical behavior of children with special needs were acting up in class, being disruptive, scoring poorly on tests or assignments and having difficulty following lessons.

All children with special needs should have what is called an Individualized Education Plan, or IEP. Jennifer described this as basically a plan detailing how the child will be educated for the school year. It gives concrete goals for the child and also how they will achieve these goals. We recommend seeking the counsel of an experienced special education attorney when setting up the IEP in order to guarantee all of your child’s needs are being met.

To speak with Jennifer Sunderlin or another of Tully Rinckey’s family law attorneys, call 518-218-7100 or visit our website at www.tullylegal.com.