Labor Law Pointers - Volume V, Special Edition

Labor Law Pointers


Special Holiday Edition

Thursday, December 24, 2015


A Monthly Electronic Newsletter Addressing

New York State Labor Law

Decisions and Trends


From the Editor:


Do you have a situation, we really hope that for today your situations are all under control, your shopping is done and that you are either with your family now or soon to be with them.  That said, if you do have a situation at any time please feel free to reach out to us.  My cell phone number is below and please feel free to use it at any time.


This is our annual Holiday Special edition, my favorite.  Hope you have as much fun reading it as we did writing it. 


Happy holidays to all and best wishes for a happy, healthy and fun filled 2016.  See you all next year.




Adams HighC


David R. Adams
Hurwitz & Fine, P.C.
424 Main Street

Suite 1300 Liberty Building
Buffalo, New York 14202
Phone:  716.849.8900
Direct:  716.849.8916

Fax:  716.855.0874

Cell:  716.553.6901
Email:  [email protected]
H&F Website:

A Visit to the Construction Site

Or, in the alternative

‘Twas the Night Before Construction


By David Adams

(with apologies to Clement Clark Moore)


‘Twas the night before Christmas and down at the site,

Not a tradesmen there was working, no one hanging a light;

The impalement protection hung by the shaft with great care,

Just in case an OSHA inspector decided to look over there.


The power tools were locked in the biggest gang box,

While the neighborhood kids pummeled windows with rocks;

The guard in his uniform and I in hard hat,

Had just opened a bottle from an old dusty vat;


When up on the third floor there arose such a sound,

That I flew up the ladder without touching the ground.

Away to the scaffold I ran looking spastic,

Jumped into the abatement area, and tore open the plastic.


The security light, on the beams of the just ‘rected structure,

Gave a look of great progress to this new joint venture,


When what through my tempered safety glasses did appear,

But a tipped over ladder and some broken veneer,

With a little old worker, looking injured and stiff,

I knew right away that he’d become a plaintiff.


More rapid than vultures the attorneys they came,

And they pushed and they shoved and called out his name,

“No I saw him first”, and “Who tipped that ladder”,

“Oh please just stand back, I will handle this matter!”


I filed pre-suit discovery on my way over here,

Said the one from the billboard, two phones to his ear.


As squirrels before racing trucks would flee,

When faced with an accident they giggled with glee.

So up to the scaffold the attorneys they flew,

With cards, blank retainers, and golden pens too.


And then in a twinkling I saw on the floor,

A harness, a lanyard, right there by the door.

As I stepped over closer and was looking around,

Plaintiff, he donned it, with a distinct clicking sound.


It was yellow and black with a sliding back ring,

And to keep you from falling, it was just the right thing;

So there, on the worksite, a safety device,

Appropriate and available, now isn’t that nice!


His leg how he held it, his arm it looked bad,

But the issue to my mind, what instruction he’d had.

Was he told to tie off, was he told not to climb,

Was he told to have the ladder be held every time?


He had a pleasant face with a small little slice,

It bled as he rubbed it, which he seemed to find nice.


He was looking around, from lawyer to lawyer,

Asking each one “Can I sue my employer?”

With a wink and a nod, the attorney he said,

There are ways and I know them, you have nothing to dread.


We have us that statute, it’ll make you quite wealthy,

It will fill up your bank book and make you feel healthy.

We lawyers of course live just on a third,

Taking anything else, would be quite absurd.


He spoke not a word but started his notes,

With theories of gravity and dreams of new boats,

The ladder has shifted, of that he was sure,

It gave him 240, without a detour.


Plaintiff sprang to his feet and grabbing a pen,

He signed the retainer from the nice billboard men.

And I heard him exclaim “Hey I fell from a height”,

Happy Christmas to all and to all a good night.



Happy Holidays to all of our readers from all of us here at Labor Law Pointers.  As luck would have it we had a situation right here in our lobby, (see photo below) garland needed to be hung, with care I might add.  It was determined that with my experience asking questions about ladders that I should be assigned the job.  Knowing the potential ramifications of this I immediately summoned the Labor Law Pointers team for advice.  Steve Peiper was unfortunately home with the plague caught from his kids so I was without his sage advice.  Jennifer Ehman immediately stepped up and held the ladder to prevent any injury, her real reason for helping I think was so that she did not have to write my portion of the newsletter should I be injured.  Chris Potenza and Marc Schulz stood back and contemplated the situation, but only after pointing out to me that there was a safety harness available to me right on the counter, that it was an appropriate safety device and that I was hereby instructed to wear it.  Wonder what they meant?


I want to take this opportunity to thank all of you who have called with “situations” and encourage any of you who have not done so to feel free to ask me, or any member of our team, any question labor law related, we are here to help and it is never a bother to us.


I also want to thank my team, Steve, Jen, Chris and Marc for their support and help in getting this newsletter out every month.  They are fantastic attorneys and friends. 



Christmas 2014 photo LLP


Merry Christmas to all and to all a good night!


Labor Law Pointers is published the first Wednesday of each month.  If you know of others who may wish to subscribe to this free publication, please feel free to forward it.  If you wish to subscribe or unsubscribe, please send an e-mail to [email protected] or call the Editor/Labor Law Team Leader David R. Adams directly at (716) 849-8916.



Hurwitz & Fine, P.C. is a full-service law firm
providing legal services throughout the State of New York


Labor Law Pointers


David R. Adams

Associate Editor
V. Christopher Potenza

Associate Editor
Steven E. Peiper

Associate Editor
Jennifer A. Ehman


Associate Editor
Marc A. Schulz


Labor Law Team


            David R. Adams, Team Leader                                           Steven E. Peiper

            [email protected]                                                             [email protected]


            Dan D. Kohane                                                                     Cassandra A. Kazukenus

            [email protected]                                                            [email protected]


            Michael F. Perley                                                                  Jennifer A. Ehman

            [email protected]                                                            [email protected]


            V. Christopher Potenza                                                        Marc A. Schulz

            [email protected]                                                            [email protected]



Hurwitz & Fine, P.C.
424 Main Street

Suite 1300 Liberty Building
Buffalo, New York 14202

Phone:  716.849.8900
Fax:   716.855.0874

In some jurisdictions, newsletters such as this may be considered:

Attorney Advertising.


© 2011-2014 Hurwitz & Fine, P.C., All rights reserved.


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