Wednesday, May 21, 2014

Law Office of O'Toole & Sbarbaro, P.C. remembers Jerry Vale






The Law Office of O'Toole & Sbarbaro was sad to hear the news of the passing of Jerry Vale.
Read the article below for a little bit of history on Jerry Vale.


Jerry Vale, a crooner of the 1950s and '60s who remained beloved among fans for his swelling renditions of romantic ballads, many of them Italian in language but universal in theme, died May 18 at his home in Palm Desert, Calif. He was 83.
His attorney, Harold J. Levy, confirmed the death but did not disclose a cause. Mr. Vale reportedly had suffered a stroke more than a decade ago. Mr. Vale grew up in an Italian American community in the Bronx and became in his heyday one of the most popular artists in the United States. His most noted hits included a 1956 recording of “You Don’t Know Me,” a country song of unrequited love, that sold more than 1 million copies.
His other numbers included “Two Purple Shadows,” “Have You Looked Into Your Heart,” and albums full of crowd-pleasing Italian standards such as “Al Di LĂ ,” “Innamorata,” “Volare,” “Amore, Scusami,” “Ciao, Ciao, Bambina,” “Arrivederci, Roma” and “O Sole Mio.” He was for years a mainstay of Columbia Records where, the New York Times reported in 1964, he was the third best-selling male singer after Tony Bennett andAndy Williams. In later decades, Mr. Vale continued to perform in clubs around the country, his audiences and continued record sales a testament to the enduring appeal of his music.
Mr. Vale counted Frank Sinatra among his friends and traced his musical lineage to Perry Como and, before him, Bing Crosby. Mr. Vale’s serenades were compared by at least one observer to those of a Venetian gondolier, and he endeavored to preserve his genre’s lush and pleasing style, particularly as rock-and-roll commanded increasingly large audiences.
To fit in, he said, he would occasionally add a fast piece to a performance’s lineup.
“But I don't like it,” he told the Times. “I don’t like it one bit.”
Mr. Vale appeared with some frequency on television programs such as “The Ed Sullivan Show” and Johnny Carson’s “Tonight Show” and at venues ranging from the Copacabana nightclub to Carnegie Hall, both in New York.
Reviewing a 1963 performance on the latter stage, music critic John S. Wilson wrote in the Times that Mr. Vale was a singer in a “highly gimmick-conscious field” who had “hit on an astoundingly simple and effective gimmick.” He possessed, the critic wrote, “a warm, direct and lyrical voice projected with complete honesty and lack of pretension.” Genaro Louis Vitaliano was born July 8, 1930, in the Bronx. (He once told an interviewer that the doctor who delivered him mistakenly dropped the second “n” from the standard Italian spelling of his first name.)
Music figured prominently in his family get-togethers. In his youth, he shined shoes and swept floors in a barber shop where he fetched extra tips by singing.
By his teenage years, he was performing in supper clubs. He left school for a job in a factory, according the reference guide Contemporary Musicians, and later worked with his father, an engineer, on the excavation of sewage plants. Meanwhile, he continued to perform and became known on stage as Jerry Vale.
He was appearing at a club in the early 1950s when he caught the attention of the singer Guy Mitchell, who introduced him to Mitch Miller, the influential executive at Columbia Records. Mr. Vale’s first recording with the company, with accompaniment by Percy Faith and his band, was “You Can Never Give Me Back My Heart,”
Mr. Vale’s music was featured in the soundtracks of movies including “Easy Money,” the 1983 comedy starring Rodney Dangerfield, and mob dramas such as “Goodfellas” (1990) and “Casino” (1995); he made cameo appearances in the last two. He was the subject of the book “Jerry Vale: A Singer’s Life” (2000) by Richard Grudens.
In 1959, Mr. Vale married Rita Grapel, an actress. Besides his wife, survivors include two children, Robert Vale and Pamela Vale Branch; a sister; and three grandchildren.
Mr. Vale’s broad appeal led to frequent invitations to sing “The Star-Spangled Banner” at sporting events. (The invitations came so frequently, in fact, that he ultimately recorded the anthem and was honored by the Baseball Hall of Fame in Cooperstown, N.Y.)
At one game in 1973, the New York Yankees found themselves in a fix when they discovered that both Mr. Vale and Robert Merrill, an operatic baritone who also had recorded the song for game-time use, were in attendance.
Rather than choose between the recordings — and risk slighting one of the singers — the Yankees management asked the men to perform a duet. The singers agreed, took their places behind home plate and, on the fly, belted out the anthem on national television.
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Friday, May 16, 2014

Fast-Food Strikes Go Global

On Thursday, the fast-food strikes that have been spreading around the country are going global.
Workers at restaurants like Burger King, McDonald's, Wendy's, and KFC are walking off their jobs in 230 cities around the world to demand a minimum wage of $15 an hour and the right to form a union without retaliation. Strikers will protest in 150 US cities, from New York to Los Angeles, and in 80 foreign cities, from Casablanca to Seoul to Brussels to Buenos Aires.
In Zurich, some protesters are wearing "sad hamburger costumes." In the Philippines, protestors staged a flash-mob at a Manila McDonald's during morning rush hour.
The wave of strikes—which began in November 2012, when hundreds of workers walked out of restaurants in New York City—has grown quickly over the past year and a half. The idea behind this coordinated international protest was not just to further raise the profile of the fast-food workers' movement. With labor unions declining in clout at home, organizers hope that the powerful international unions can help pressure US-based companies into making changes. Last week, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations—a labor federation composed of 396 trade unions that represent 12 million workers in 126 countries—held a summit in New York City where fast-food workers and union leaders finalized plans for the global strike.
The massive fast-food protests come a few weeks after a recent report on the industry by the left-leaning think tank Demos found that fast-food CEOs are paid a thousand times more than the average franchise worker, who makes about $8.69 an hour. Fast-food wages have dropped by 36 cents an hour since 2010. More than half of the families of fast-food workers rely on public programs like food stamps and Medicaid. (Check out our calculator to see if you could live on a fast-food wage.)
Though the industry has not yet raised wages by any significant amount, the strikes are having an effect. In a March filing with the Securities and Exchange Commission, McDonald’s said worker protests might force the company to raise wages this year. And as Salon's Josh Eidelson reported earlier this month, the National Restaurant Association, the industry trade group, is growing increasingly worried about the fast-food protests, closely monitoring social media for plans of future actions.
And while Congress is unlikely to raise the federal minimum wage any time soon to the $10.10 an hour wage President Obama proposed in his 2013 State of the Union speech, states are taking up the fight. Over the past year, seven states and the District of Columbia have raised their minimum wages, and 34 states are considering bumping up pay for their lowest-paid workers. In late April, the mayor of Seattle proposed a $15 minimum wage.
Scott DeFife, an executive vice president for the National Restaurant Association, dismisses the movement's potential. As he told the New York Times on Wednesday, "These are made-for-TV media moments—that’s pretty much it."
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, May 8, 2014

Is the US Economy Becoming Dangerously Lethargic?


Jim Pethokoukis highlights an interesting chart today from a Brookings report. The authors are concerned about a declining rate of entrepreneurship in the United States:
Business dynamism is inherently disruptive; but it is also critical to long-run economic growth. Research has established that this process of “creative destruction” is essential to productivity gains by which more productive firms drive out less productive ones, new entrants disrupt incumbents, and workers are better matched with firms. In other words, a dynamic economy constantly forces labor and capital to be put to better uses. But recent evidence points to a U.S. economy that has steadily become less dynamic over time. Two measures used to gauge business dynamism are firm entry and job reallocation. As Figure 1 shows, the firm entry rate—or firms less than one year old as a share of all firms—fell by nearly half in the thirty-plus years between 1978 and 2011.
So fewer people are starting up new businesses, and this trend has been evident for several decades. Pethokoukis speculates that the problem might be too little uncertainty in the economy: "Maybe the U.S. private sector has become too conservative and cautious....The U.S. still generates lots of innovation overall, but maybe too much is of the job-killing sort rather than job-creating kind that marks a dynamic economy."
Maybe. But I'd really like to see a breakdown of what kinds of business creation have declined. My first guess here is that the decline hasn't been among the sort of Silicon Valley firms that drive innovation, but among more prosaic small firms: restaurants, dry cleaners, hardware stores, and so forth. The last few decades have seen an explosion among national chains and big box retailers, and it only makes sense that this has driven down the number of new entrants in these sectors. When there's a McDonald's and a Burger King on every corner, there's just less room for people to open up their own lunch spots. But if there's been a decline in the number of new small retailers, that may or may not say anything about the dynamism of the American economy. It just tells us what we already know: national chains, with their marketing efficiencies and highly efficient logistics, have taken over the retail sector. Amazon and other internet retailers are only hastening this trend.
But is this what's really driving the downward trend in new business creation? The Brookings report doesn't give us any clues. But it sure seems like this is the absolute minimum we need to know in order to draw any serious conclusions about what's really going on here.
Original Source

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 


Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Wednesday, April 30, 2014

MYTH #2: The Employer’s Role Ends Once the Workers’ Comp Claim Is Paid

Once an injured employee’s workers comp claim is paid, the employer’s most important role begins. The employer should maintain frequent contact with the employee to monitor their healing progress. By doing so, the employer will be able to gauge when the injured employee will be able to begin the return to work program.
According to the 2009 RIMS Benchmark Survey, 86% of companies have a return to work program. However, many small to mid-sized companies lack efficient programs that enable recovering employees to return to work in a limited, but productive role. Most smaller companies feel that setting up a return to work program will require too much effort for the few injuries that occur each year. This is simply not true.
Return to work programs reduce the number of lost work days for just about every employee involved. By doing so, it accomplishes two goals. First, it reduces the company’s future increases in workers’ comp or disability insurance since such policies pay out large claims for lost wages. Therefore, by reducing lost wages, claims will drop, which will reduce premiums.
Second, return to work programs are directly correlated to productivity benefits. On average, individuals receiving disability benefits are paid between 50% and 70% of their normal wage. By bringing employees back to work at 100% pay, the company is only paying 50% to 30% more while benefitting from 40 productive hours each workweek.
It is in the best interest of the employer to keep close contact with the injured employee during their recovery phase. Using a return to work program not only makes sense from a financial standpoint, but it’s the right thing to do. It enhances the employee’s recovery both physically and psychologically.
Original Source
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 


Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Tuesday, April 22, 2014

Definition of Permanently and Totally Disabled - Workers Comp Tips and Info

Definition of Permanently and Totally Disabled
From the archives of the Law of Office O'Toole & Sbarbaro, P.C.


Under applicable law, a claimant is permanently and totally disabled if she is “unable to earn any wages in the same or other employment.”  Section 8-40-201(16.5)(a), C.R.S., 2005; Christie v. Coors Transportation Co., 933 P.2d 1330 (Colo. 1997); Lobb v. Industrial Claim Appeals Office, 948 P.2d 115 (Colo. App. 1997).  The determination of whether the claimant is capable of earning wages is a factual determination to be made by the ALJ based upon consideration of a number of “human factors.”  Christie v. Coors Transportation Co., supra.  These factors include the claimant’s physical condition, mental ability, age, employment history, education, and the “availability of work” the claimant can perform.  Weld County School District RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998).

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 


Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Monday, April 14, 2014

Self Administration Toolkit for WCMSAs

On April 11, 2014 the Centers for Medicare and Medicaid Services added a Self Administration Toolkit for Workers' Compensation Medicare Set-Aside Arrangements to its CMS.gov website. It can be viewed here.

The resource is designed to aid workers' compensation claimants in the self administration of their MSA accounts with the proper establishment of, and expenditures from, their WCMSA account. It describes self administration guidelines and procedures including the need to establish an interest bearing account for the funds and explains the payment of medical bills using MSA funds to reimburse providers and annual accounting requirements. It includes form letters to be provided to medical providers and sample transition records for MSA expenditures. Additionally, it explains circumstances where an MSA is temporarily and/or permanently depleted based on lump sum or annuity funding.  Read more...  

Original source by Gould & Lamb 

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, April 10, 2014

Overworked America: 12 Charts That Will Make Your Blood Boil

Why "efficiency" and "productivity" really mean more profits for corporations and less sanity for you.









Want more rage? We've got 12 charts that show how the superrich spoil it for the rest of us.
In the past 20 years, the US economy has grown nearly 60 percent. This huge increase in productivity is partly due to automation, the internet, and other improvements in efficiency. But it's also the result of Americans working harder—often without a big boost to their bottom lines. Oh, and meanwhile, corporate profits are up 20 percent. (Also read ouressay on the great speedup and harrowing first-person tales of overwork.)

YOU HAVE NOTHING TO LOSE BUT YOUR GAINS

Productivity has surged, but income and wages have stagnated for most Americans. If the median household income had kept pace with the economy since 1970, it would now be nearly $92,000, not $50,000.

GROWTH IS BACK...

...BUT JOBS AREN'T

SORRY, NOT HIRING

The sectors that have contributed the most to the country's overall economic growth have lagged when it comes to creating jobs.

THE WAGE FREEZE

Increase in real value of the minimum wage since 1990: 21%
Increase in cost of living since 1990: 67%
One year's earnings at the minimum wage:$15,080
Income required for a single worker to have real economic security: $30,000

WORKING 9 TO 7

For Americans as a whole, the length of a typical workweek hasn't changed much in years. But for many middle-class workers, job obligations are creeping into free time and family time. For low-income workers, hours have declined due to a shrinking job market, causing underemployment.

LABOR PAINS

Median yearly earnings of:
Union workers: $47,684
Non-union workers: $37,284

DUDE, WHERE'S MY JOB?

More and more, US multinationals are laying off workers at home and hiring overseas.

PROUD TO BE AN AMERICAN

The US is part of a very small club of nations that don't require...

DIGITAL OVERTIME

A survey of employed email users finds:
22% are expected to respond to work email when they're not at work.
50% check work email on the weekends.
46% check work email on sick days.
34% check work email while on vacation.

THE SECOND SHIFT

Working moms pick up more child care and household duties than working dads—about 80 minutes more every day. Meanwhile, dads enjoy nearly 50 more minutes of watching TV and other leisure activities on a daily basis.

CHORE WARS

Thanks, guys—you're pitching in more than twice as much as you did in the '70s. But women still get stuck with the majority of work around the house.

















Sources
GDP/jobs: Organisation for Economic Co-operation and Development; Stephen Gordon, UniversitĂ© Laval
50 hours: Center for American Progress (PDF)
Second shift: Bureau of Labor Statistics (PDF)
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, April 3, 2014

5 Things You should know about social security

Know your Social Security

For many Americans, Social Security benefits are the bedrock of retirement income. Yet future retirees could find themselves on shaky ground. The Social Security Board of Trustees, in its latest annual report, estimated that the retirement program would only be able to pay out 77 percent of scheduled benefits starting in 2033.
You can't control how the government might fix that problem. But you can educate yourself about Social Security to ensure that you claim the maximum amount of benefits to which you are entitled. Here are ten essentials you need to know.
It's an age thing

Your age when you collect Social Security has a big impact on the amount of money you ultimately get from the program. The key age to know is your full retirement age. For people born between 1943 and 1954, full retirement age is 66. It gradually climbs toward 67 if your birthday falls between 1955 and 1959. For those born in 1960 or later, full retirement age is 67. You can collect Social Security as soon as you turn 62, but taking benefits before full retirement age results in a permanent reduction of as much as 25 percent of your benefit.
Besides avoiding a haircut, waiting until full retirement age to take benefits can open up a variety of claiming strategies for married couples. (More on those strategies later.) Age also comes into play with kids: Minor children of Social Security beneficiaries can be eligible for a benefit. Children up to age 18, or up to age 19 if they are full-time students who haven't graduated from high school, and disabled children older than 18 may be able to receive up to half of a parent's Social Security benefit.
How benefits are factored

To be eligible for Social Security benefits, you must earn at least 40 "credits." You can earn up to four credits a year, so it takes ten years of work to qualify for Social Security. In 2014, you must earn $1,200 to get one Social Security work credit and $4,800 to get the maximum four credits for the year.
Your benefit is based on the 35 years in which you earned the most money. If you have fewer than 35 years of earnings, each year with no earnings will be factored in at zero. You can increase your benefit by replacing those zero years, say, by working longer, even if it's just part-time. But don't worry -- no low-earning year will replace a higher-earning year. The benefit isn't based on 35 consecutive years of work, but the highest-earning 35 years. So if you decide to phase into retirement by going part-time, you won't affect your benefit at all if you have 35 years of higher earnings. But if you make more money, your benefit will be adjusted upward, even if you are still working while taking your benefit.
There is a maximum benefit amount you can receive, though it depends on the age you retire. For someone at full retirement age in 2014, the maximum monthly benefit is $2,642. You can estimate your own benefit by using Social Security's online Retirement Estimator.
COLA isn't just a soft drink

One of the most attractive features of Social Security benefits is that every year the government adjusts the benefit for inflation. Known as a cost-of-living adjustment, or COLA, this inflation protection can help you keep up with rising living expenses during retirement. The COLA, which is automatic, is quite valuable; buying inflation protection on a private annuity can cost a pretty penny.
Because the COLA is calculated based on changes in a federal consumer price index, the size of the COLA depends largely on broad inflation levels determined by the government. For example, in 2009, beneficiaries received a generous COLA of 5.8 percent. But retirees learned a hard lesson in 2010 and 2011, when prices stagnated as a result of the recession. There was no COLA in either of those years. For 2012, the COLA came back at 3.6 percent; for 2013, the COLA was 1.7 percent, and for 2014, it is 1.5 percent. The COLA for the following year is announced in October.
The extra benefit of being a spouse

Marriage brings couples an advantage when it comes to Social Security. Namely, one spouse can take what's called a spousal benefit, worth up to 50 percent of the other spouse's benefit. Put simply, if your benefit is worth $2,000 but your spouse's is only worth $500, your spouse can switch to a spousal benefit worth $1,000 -- bringing in $500 more in income per month.
The calculation changes, however, if benefits are claimed before full retirement age. If you claim your spousal benefit before your full retirement age, you won't get the full 50 percent. If you take your own benefit early and then later switch to a spousal benefit, your spousal benefit will still be reduced.
Note that you cannot apply for a spousal benefit until your spouse has applied for his or her own benefit.

Original Source

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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