Workers' World Today - Issue 30

March 2022 Estate Planning Guide ...13

INSIDE

Crucial Protections for Immigrant Youth ...23

Ways to Increase Your Confidence...26

Issue #30

AG James, 1199SEIU Call for Stronger Protections for Nursing Home Workers

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EW YORK: New York Attorney General Letitia James and 1199SEIU President George Gresham today called for stronger protections for nursing home workers who have been on the front lines of the pandemic for more than two years. New York’s nursing homes were devastated by the pandemic, claiming the lives of thousands of residents and essential workers who worked throughout the crisis. In a report that her office released in January 2021, Attorney General James revealed that many

AG James. Editorial credit: a katz / Shutterstock.com

nursing homes were ill-equipped and illprepared to deal with this crisis because of poor staffing levels and a lack of compliance with infection control protocols, which put residents and workers at increased risk of harm.

On March 21, Attorney General James and 1199SEIU President Gresham renewed their calls to require nursing homes to implement appropriate staff-to-resident ratios and invest sufficiently in employee wages and facility operations.

“For more than two years, these essential workers have worked around the clock to protect and provide for our most vulnerable residents,” said Attorney General James.

“As the pandemic devastated our communities, it became painfully clear that our health-

continued on page 12

Hot Topics and News You Should Know About

RWDSU Seeks An End to Weight-Based Discrimination in NYS

U

nlike other forms of discrimination, in most places in the U.S. there’s no clear law against weight-based discrimination. But here in New York, the Retail, Wholesale & Department Store Union is working with lawmakers to pass a bill that would make weight and height protected categories under the state’s civil rights laws.

Weight bias is widespread in retail, says Eno Awotoye, an organizer for the RWDSU’s Retail Accontinued on page 21

Early Care & Education Policies Must Protect Civil Rights ...6

DiNapoli: Diagnosing Team Cuomo’s Nursing Home Failures ...4

Gregory Floyd: March Is Women’s Month: Thank You! ...3

Labor-Related News - Nationally & Locally

Put the Spark Back into Your Relationship ....25

CDC: Most Americans Have COVID-19 Antibodies ...24

Workers' Compensation Benefits for Coronavirus

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Women In Construction: Safety & Protection ...8

111th Anniversary of the Triangle Shirtwaist Factory Fire ...22

Home Care Workers Demand a Pay Increase in the State Budget ...12

f you've contracted the coronavirus (COVID-19) at work, you might be eligible for workers' compensation benefits. Your chances of success will likely depend on the type of work you do. ASK THE LAWYER. Call 855-768-8845 for a consultation. p

Brian Figeroux, Esq.

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March 2022

“The essence of trade unionism is social uplift.

The labor movement has been the haven for the dispossessed, the despised, the neglected, the downtrodden, the poor.”

– A. Phillip Randolph

Contents In Solidarity: Thank You! Marie, Pat, Bernice, Corinthians, Hazel, Sonia and You.....................................................3 NYC Politics DiNapoli: Diagnosing Team Cuomo’s Nursing Home Failures.................................................................4 Workers’ Rights Reasons to File a Coronavirus Lawsuit ...................5

This Day In Labor History - March 7

Workers’ Rights - 7 Equality in the Workplace

Civil Rights Early Care and Education Policies Must Advance Equity and Protect Civil Rights...................................6 Workers’ Safety Women In Construction: Safety & Protection,,,,,,,,8 In the News CJNY Rallies for the Carbon Free and Healthy Schools Initiative,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,21 Old & New Immigrants: Their Rights New Biden Administration Policies Offer Crucial Protections for Immigrant Youth...........................23

Parsons. Photo courtesy NYC Central Labor Council

IWW founder and labor organizer Lucy Parsons dies. For almost 70 years, Lucy Parsons fought for the rights of the poor and disenfranchised in the face of an increasingly oppressive industrial economic system. Lucy's radical activism challenged the racist and sexist sentiment in a time when even radical Americans believed that a woman's place was in the home. - 1942

Family: The True Modern Relationship .... 10 3 Easy and Effective Ways to Boost Parents’ Confidence Even the most confident person can have moments of doubt, and societal, economic, and pandemic-related issues compound these challenges.

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Love, Health & Travel .... 25 Think About Romance Differently to Put the Spark Back into Your Relationship But sometimes in pushing ourselves to learn something new or to develop a better health habit, we can actually bring about physiological improvements.

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March 2022

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In Solidarity

Thank You! Marie, Pat, Bernice, Corinthians, Hazel, Sonia and You

BY GREGORY FLOYD

A Supports Workers’ World Today

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ecently, I was in Albany fighting and seeking support of A1261/S1947, legislation that will create a clear definition of public work and level the playing field for New York’s contractors.

District Council 9 Painters and Allied Trades Union (DC9), the union for painters, prides itself on being a strong advocate for workers’ rights and safety. We are excited about this new publication, Workers’ World Today, which covers the issues of relevance and concern for all workers.

We are encouraged that all workers: blue and white collar will have a voice and platform.

Congratulations on your inaugural issue. We wish much success to the leaders and team of Workers’ World Today and pledge our support.p Davon Lomax Political Director, DC9

cross the nation, throughout the month of March, there will be various celebrations to mark the accomplishments of women in America. Due to COVID-19, some of those celebrations may be scaled back or done by means other than inperson events, but, nonetheless, the spirit and sentiment expressed will not be diminished. Local 237 also has a tradition of recognizing the contributions of women in our society, especially among our own members. Our last, preCOVID event was extra-special because we paid tribute to a woman known by the world, who was also one of our own.

Marie Colvin.

Marie Colvin was a war correspondent. She wrote about innocent women and children caught in the crossfire of civil war. Her bravery was legendary. A movie, “A Private War,” told the real-life story of Marie Colvin, portrayed by Rosamund Pike, that depicted her life behind enemy lines covering stories of human suffering that many did not want told, in dangerous locations, where few would dare to go. It was actually a sentence in one of the movie’s reviews that caused us to wonder about a possible link to Teamsters Local 237. Our research paid off because we discovered that fresh out of college, she was hired by Local 237 to write our newsletter. Marie Colvin was a Teamster! Her family told us that she wore our lapel pin proudly. One could easily imagine her today, condemning the bombing of a children’s hospital in Ukraine—if she were still alive. Marie’s jour-

nalistic diligence caused her to lose her eye at the hands of Sri Lankan terrorists in 2001, then her life, at age 56 in 2012, killed by a senior Syrian military officer to silence her.

And as proud as we are of Marie, there are several other Teamster women who have done remarkable things on different battlegrounds. For example: in March of 2010, Local 237 sued New York City on behalf of our 5,000 School Safety Agents, 70% of whom were women, mostly African Americans and Latinas. Many were single mothers. Their annual salary was about $7,000 less than their counterparts, with similar titles, working in other city agencies. Most of them were male. Some called this just a coincidence. I called it discrimination! School Safety Agents have a tough job to do.

They help to protect other peoples’ children. All they wanted was to put bread on the table for their own children. So I called a meeting of School Safety Agents to tell them about my plan to sue the city. I told them that we needed some volunteers to sign the papers and be the official plaintiffs. Of the 25 women in the room, 22 left. But three remained: Patricia Williams, Bernice Christopher and the late Corinthians Andrews. And for four years, these three gave testimony after testimony. They refused any settlement that did not include retirees. They took days off from work. They took time away from being with their families. They came to our many rallies. And at those rallies, we felt pretty much alone.Yes, we did have support from several elected officials, but our constant allies who were always there for us boiled down to two people:

Hazel Dukes, president of the NYS NAACP and Sonia Ossorio, president of the NYC Chapter of NOW. I remember the day of the judge’s final ruling. Pat, Bernice and Corinthians came into the courthouse and knelt in prayer before they took their seats. Perhaps there was a little divine intervention, but with the help of Hazel and Sonia, a historic settlement was reached.

Clearly, throughout our nation, for Women’s History Month, there is no shortage of extraordinary, trailblazing women to honor for their contributions and personal sacrifices that resulted in life-changing conditions benefitting all of us. Throughout the pandemic as well as the most recent effort to diminish the role of School Safety Agents in our public schools, so many of our women members were an integral part of our union’s overall efforts to keep the city functioning and schools safe.

For us, it is not difficult to identify women who should be honored during Women’s History Month. We are especially blessed to have among our own members, and our friends, women who care about others and want everyone else to care too. That’s who they are. That’s their legacy.

And we take pride in knowing them. Thank you, Marie, Pat, Bernice, Corinthians, Hazel, Sonia and so many others who are the personification of our better angels.p Gregory Floyd is the president, Teamsters Local 237 and vice president at-large on the general board of the International Brotherhood of Teamsters. Photo: Teamster.org T his Op-Ed was published in the Amsterdam News on March 24, 2022

TEAM Publisher Workers’ World Today, Inc Editor-in-Chief Pearl Phillip Contributing Writers Linda Nwoke Charles Tabasso Victoria Falk Erin Telesford Jennine Estes, MFT Travis Morales Mary Campbell Janet Howard Chris Tobias Legal Advisor Brian Figeroux, Esq. Telephone 1-866-435-3286 Email info@workersworldtoday.com Visit us at www.workersworldtoday.com

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March 2022

4

NYC Politics

Diagnosing Team Cuomo’s Nursing Home Failures

BY THOMAS P. DiNAPOLI

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ew York City just marked the two-year anniversary of the first confirmed death from COVID-19 and the start of the pandemic that we are still trying to recover from economically and emotionally. Part of that recovery is a reckoning with how we responded to it.

My office’s recent audit examines how the state Department of Health (DOH) collected and used data from nursing homes to curb the virus’ spread. DOH was not prepared when the COVID-19 pandemic reached New York.

It didn’t have the controls and procedures in place to stop a viral spread in nursing homes.

Persistent underinvestment in public health has left DOH without critical resources and underequipped to deal with events such as the pandemic.

Early in the pandemic, as the virus rapidly spread, DOH’s poor data collection undercounted — by more than 50% at times — the COVID-related deaths of New Yorkers living

in nursing homes. DOH staff was working tirelessly, but from April 12, 2020, to Feb. 3, 2021, the agency used alternating ways of reporting nursing home deaths with little public explanation. Over those 10 months, it failed to report at least 4,100 lives lost to COVID19 When it finally got a handle on tracking COVID nursing home deaths, and knew the correct numbers, the numbers continued to be underreported.

The public was misled by the highest level of state government and given a distorted version of reality that suppressed facts when they deserved the truth. It is unacceptable that we still don’t know just how many nursing home residents died.

Besides not being prepared, DOH was slow to carry out the federal government’s order that it assess whether nursing homes were keeping residents out of harm’s way. As we learned, many did not.

The agency surveyed just 20% of facilities between

March 23 and May 30, 2020, compared to more than 90% in some other states. It had to hire temporary employees to do the surveys because it was understaffed.

When DOH did get to work and identified the various problems and violations at nursing homes, it issued 602 violations. My audit, however, could find no evidence that the majority of these problems (69%) were actually fixed.

This is a fundamental problem that goes beyond COVID to broader infection control.

When DOH collects data, it is not using it to ensure problems are corrected and that outbreaks, regional trends or emerging infectious diseases are detected and tracked.

Crisis brought New Yorkers together after 9/11 and during the COVID pandemic. Our appreciation for one another is deeper in stressful times. We applauded the heroism of the doctors, nurses, EMTs, and all frontline workers from the subway system to the corner deli who kept our city going.

But we also have to reckon

DiNapoli Photo: Office of the Comptroller, State of NY

with what we did wrong or we risk endangering New Yorkers’ lives by repeating those mistakes in the future.

Of the New Yorkers who died from the COVID-19 virus, more than 15,000 of them were living in nursing homes.

Some today choose to smear those who report the facts as playing politics but nothing could be further from the truth. Families who were misled about their loved one’s deaths don’t care about politics. They want to finally get to the truth and some honest answers.

New York needs to heal and move forward. My recent audit hopefully helps fill in some of the missing facts in that story.

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As we move forward, we need to recognize that New York has to do a better job of caring for and protecting vulnerable people, including nursing home residents. This is just the latest audit to find shortfalls and problems with these facilities. Since most residents of nursing homes are seniors, this also highlights shortcomings with how society services its older members.

Whether it’s programs that deliver meals to the housebound or how seniors’ complaints about their care and conditions are handled, the public services seniors rely on need greater priority and attention statewide.

That means making sure that resources are there to fix the problems that exist.

President Biden in February called on Congress to provide additional funding to support health and safety inspections at nursing homes. I am urging our congressional representatives to support this initiative.

These funds could significantly help DOH improve its data systems and examine workforce needs and help local county health departments, who are critical in helping the agency respond to outbreaks and curb the spread of infection.

We need to increase resources to expand the use of infection control data to improve our response to the ongoing pandemic and future public health crises. I hope our current administration, including new leadership at the DOH, respond positively to our recommendations. We must avoid a repeat of past tragedies and learn from the mistakes of the worst of the COVID experience. p This Op-Ed originally ran in the NY Daily News

nyc.gov/dot

Thomas P. DiNapoli is New York State Comptroller

March 2022

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5

Workers’ Rights

Reasons to File a Coronavirus Lawsuit

BY LINDA NWOKE

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id you know that over 30 million lawsuits are filed each year in the United States, in state and federal trial courts? More so, more than $1.5 billion is spent in state courts to process over 14 million civil cases. Yet, the courts remain overburdened with civil lawsuits. Consequently, the courts encourage ‘out of court’ settlements or mediation and only resort to trial as a last option. Yet, there are all forms of lawsuits, including coronavirus lawsuits targeting individuals and companies on issues like profiteering during a time of crisis, preventing the spread of the disease, unjust treatment, among others.

COVID-19 Case Studies There are several Coronavirus healthcare-related lawsuits against employers. For instance, some hospital employees claim their employment was terminated after raising concerns about the lack of

available personal protective equipment. Or after reporting those other staff members, failed to wear masks correctly and did not follow social distancing guidelines in certain situations. In other instances, employers denied staff members with high-risk conditions leaves of absence. They also failed to implement proper screening, social distancing, and instituting other protective measures, which in some cases resulted in deaths from COVID-19.

Potential Reasons for COVID-19 Lawsuits Yet, many lessons have been learned since the onset of the pandemic in 2020. From causes to prevention and managing the virus at different levels, including the loss of human lives, arguably prevented. As the Coronavirus mutates and spread, lawsuits will inevitably ensue from citizens seeking legal help in its wake to address perceived injustice.

There are different reasons for initiating Coronavirus-related

risk by being asked to come into work. Reasons like wrongful termination, denial of leave, workplace safety, and retaliation are all basis for initiating a lawsuit.

lawsuits. Causes can range from individual to organizational, civic to human rights, to mention a few. Some of the prevalent examples of Coronavirus related cases include the impact on workers, financial injury, business interruption insurance, price extortion, etc.

The series of litigation can be attributed to the following: COVID-19 Based Impact on Employees Lawsuit Despite every effort, the coronavirus pandemic keeps growing, evolving from Delta variant to Omicron and the most recent ‘Flurona’, causing on-ending hardship through loss of employment and health-related issues. Many lawsuits against employers, including those in the healthcare sector, are based on issues similar to concerns raised when

the pandemic started in 2020.

The Coronavirus lawsuits assert that employers violated federal and state mandates, guidelines, and regulations regarding employee safety.

Specifically, employers violated federal laws like the Families First Coronavirus Response Act (FFCRA).

Some employees have also filed lawsuits against their employers for violating WARN Act which requires that employers with less than 100 or more employees provide at least 60 days’ notice before conducting a mass layoff. Employers abused workers’ rights when the pandemic was raging. So, they are fighting employers who failed to provide proper protection against COVID-19, didn’t provide a safe work environment, and ensured their lives were not at

Steps to Filing a Lawsuit If you intend to pursue a lawsuit, specific information and stages that accompany the process include filing a complaint, which then goes through judicial review and then service of the process. It is worth mentioning that in anticipation of possible lawsuits that can ensue, over 25 states in 2021 introduced protective legislation that will protect businesses from COVID-19 lawsuits. And as earlier mentioned, it is always better to try to settle out of court when all parties can try and reach an amicable agreement. However, if all measures fail, the plaintiff can seek justice by consulting a lawyer to start the process.

Visit www.askthelawyer.us or call 855-768-8845.p Read the full article at

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March 2022

6

Civil Rights

Why Early Care and Education Policies Must Advance Equity and Protect Civil Rights

BY STEVEN ALMAZÁN

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s a former graduate of Early Head Start and Head Start programs in Boyle Heights, a neighborhood on the eastside of Los Angeles, I know the tremendous benefits that early childhood education programs had on myself and my family, particularly my mother who immigrated to the United States from México. As a workingclass parent, my mom was able to volunteer in these programs while I participated in school readiness activities, ate healthy snacks, and played safely with other kids in the program. We both benefited from these programs and developed a trusting relationship with the staff and providers at the Park Place Head Start Daycare Center, who reflected the community members of Boyle Heights.

Early care and education programs transform the lives

of young children, their families, and others who care for them. Research also shows that early childhood education programs have lifelong benefits for children, especially children of color and low-income families, for their overall well-being and educational outcomes. For me, I know that my participation in a highquality and culturally responsive early care and education program provided lifelong investments in school readiness, social emotional growth, and all-around health benefits.

The pandemic brought to light how essential child care and early learning are to our country, while also revealing profound flaws and disparities. America’s existing child care system is unsustainable.

Most parents can’t afford the price of care, and too many families live in areas without access to quality care options at all. Most providers can only charge what families in their

area can afford, which often translates to near-poverty wages for early educators.

Addressing these ongoing challenges requires a comprehensive approach to securing ample child care supply and capacity, while ensuring there are quality options available for all families when and where they need them. Policymakers must ensure children and families who have been historically marginalized —

including children with disabilities or delays, families with low incomes, communities of color, immigrant families, Native communities, LGBTQ-led families, and those who live in rural areas, are homeless, or are mobile — are prioritized for the receipt of child care assistance and universal preschool services.

Earlier this year, the civil and human rights community came together to identify Civil

Rights Principles for Early Care and Education so that we could lay out those characteristics of an early care and education system that protects civil rights and advances equity for children, families, staff, and providers. The principles, joined by 46 organizations, demonstrate the coalition’s collective pursuit of an early care and education system that offers meaningful equal opportunity and success for all children, especially those who have been historically marginalized.

For example, the principles outline how children and families must have access to, and be included in, all early care and education programs without regard to their immigration status, disability or developmental delay, family income, race, ethnicity, religion, family configuration, sex (including sexual orientation or gender continued on page 7

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March 2022

7

Workers’ Rights

Equality in the Workplace

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n 2020, women earned 84 cents for every dollar men earned, the Pew Research Center says. Based on those rates, it would take a woman an extra 42 days of work to earn what a man did in 2020.

Here’s a closer look at the pay gap women face in the workplace.

Differences in Ages Play a Role Women ages 25-34 have a smaller wage gap than other generations. In 2020, research showed that women in this age group earned 93% of hat men did, and that gap is closing. In 1980, for instance, women in this age group earned 33 cents less than male counterparts, a gap that narrowed to just 7 cents in 2020.

Why is There a Pay Gap? Pew says that some of the gap can be explained by measurable factors such as educational attainment, occupational segregation, and work experience. Women tend to be

down a promotion because they were balancing work and parenting.

One in five mothers say they had been passed over for an important assignment or promotion at work and more than a quarter say they were treated as if they weren’t committed to their work. overrepresented in lower-paying occupations relative to their share of the workforce, which may exacerbate differences in pay.

But there are also more nefarious reasons. A 2017 Pew study shows that about 40% of women reported experiencing gender discrimination at work, including earnings inequality. A quarter of employed women said they earned less than a man who was doing the same job.

The Effect of Motherhood Motherhood is another factor in the gender pay gap. Becoming a mom can interrupt a

woman’s career path, having a negative impact on a woman’s earnings. In the U.S., women tend to take off more time than fathers after becoming a parent and were nearly twice as likely as fathers to say taking time off had a negative impact on their job.

Once they become a mother, women still tend to carry more of a load in the home and with childcare responsibilities. In a 2019 survey, Pew says that mothers with children younger than 18 say they were more likely than fathers to need to reduce working hours, felt like they couldn’t give a full effort at work, and turned

Landmark Equal Pay Case The U.S. women’s national soccer team (USWNT) will finally receive equal pay with the men’s team, reaching a $24 million settlement last month with the United States Soccer Federation after a lengthy unequal pay lawsuit. In a joint statement, the Federation (also known as U.S. Soccer) and the U.S. women’s team said: “We are pleased to announce that, contingent on the negotiation of a new collective bargaining agreement, we will have resolved our longstanding dispute over equal pay and proudly stand together in a shared commitment to advancing equality in soccer.”p

Early Care and Education/ continued from page 6 identity), age of the parent, preferred language, nationality, housing status, or involvement in the child welfare system. This is just one of the 10 principles that collectively aim to advance an equitable early care and education system.

The civil rights community calls on decision makers at all levels to create and maintain an equitable early care and education system for children, families, and providers by incorporating these principles into all relevant policies. Contact your members of Congress, the U.S. Department of Education, and the U.S. Department of Health and Human Services today and urge them to create a path forward to ensure that children and families have access to and are included in comprehensive, diverse, and high-quality early care and education settings that reflect these principles.p Steven Almazán is the K12 Education Program Manager at The Leadership Conference on Civil and Human Rights.

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March 2022

8

Workers’ Safety

Women In Construction: Safety & Protection

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he primary safety and health hazards for the construction worker are: falls, being struck by/against (falling object, machinery), caught in/between (trench cave-ins, between vehicle and object), electrocution, musculoskeletal disorders (lifting, awkward postures, repetitive motion, hand-tool vibration, flying/falling objects), and exposure to a variety of chronic health hazards (noise, silica, asbestos, manmade fibers, lead and other metals, solvents, hazardous wastes, heat, and extreme cold).

While these health and safety issues affect both men and women, women working in construction have additional safety and health concerns, and some safety and health hazards have a greater impact on female construction workers. Inadequate physical protection, a possibly hostile work environment, and their status as a small fraction of the construction workforce are factors that add to women's concerns.

The construction industry as a

whole is facing a nationwide crisis with respect to the availability of qualified labor. With the demand for labor outstripping supply, construction employers need to expand their recruitment efforts to previously untapped labor sources, including women. Thus, they need to ensure that the work environment is "woman friendly."

The number of women employed in the U.S. construction industry grew substantially, by 81.3% from 1985 to 2007; however, due to a loss of over 2.5 million construction jobs from 2007 to 2010, there has been a sharp decline of women working. Since its peak in 2007, more than 300,000 women workers left the construction industry by 2010. While only 9% of U.S. construction workers are women, which is a relatively small percentage compared to other industries, there were still over 800,000 women workers employed in construction (i.e., managerial, professional, administrative, and production employees) in 2010. Of those,

approximately 200,000 were employed in production occupations, such as laborers, electricians, plumbers, etc.

Today, nearly 60% of women aged 16 and over participate in the workforce. While women have made some gains in occupations traditionally occupied by men, construction trades remain overwhelmingly male dominated. In 1970, when OSHA was enacted, women made up less than one percent of workers in the construction trades. By 1995 that percentage had only grown to 2.3 percent.

The small percentage of females working in the construction trades and the serious health and safety problems

unique to female construction workers have a circular effect.

Safety and health problems in construction create barriers to women entering and remaining in this field. In turn, the small numbers of women workers on construction worksites foster an environment in which these problems arise or continue.

In addition to the primary safety and health hazards faced by all construction workers, there are safety and health issues specific to female construction workers. These safety and health hazards in construction create barriers to women entering and remaining in this field.

Very little information has been collected on the safety and health concerns of women construction workers. The report, Women in the Construction Workplace: Providing Equitable Safety and Health Protection, summarized findings from three studies that were designed to help identify and understand the health and safety hazards encountered by female construction workers.

The first study, conducted by Chicago Women in Trades (CWIT), used mail surveys, phone interviews, and focus groups to ask 200 Chicago area tradeswomen about issues affecting their work. Although safety and health were not the primary foci of the study, concerns about these issues were uncovered in the responses to other questions asked in the study. The second and third studies were conducted by NIOSH. Fifty-five tradeswomen participated in the first NIOSH study through focus groups, one-on-one interviews, or surveys. Using the findings from the first study, the second NIOSH study collected data from 213 tradeswomen during half-hour phone surveys. The two NIOSH studies focused specifically on health and safety issues affecting women construction workers. The findings support the importance of creating policies and initiatives to address and improve the working conditions faced by tradeswomen. p

A woman’s future is as important as her history.

Art by SHAWNA X

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Learn more at emblemhealth.com/womenshealth.

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March 2022

10

Family: The True Modern Relationship

3 Easy and Effective Ways to Boost Parents’ Confidence

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s many parents can attest, raising healthy, happy, confident children is demanding, especially because their children’s wellbeing is impacted by almost every decision they make.

Even the most confident person can have moments of doubt, and societal, economic, and pandemic-related issues compound these challenges.

In fact, 1 in 6 parents said, “parenting during COVID-19 has been the most stressful time of my life,” according to a KinderCare and Harris Poll survey.

As parents look to move beyond these issues, the survey also found parents feel more confident in their parenting abilities, with 86% reporting they “feel confident in their parenting on a typical day.”

“Knowing their children are in a safe and secure environment goes a long way to support parent confidence,” said

progress, teachers can reassure families their children are recognized and valued as the unique people they are.

Dr. Elanna Yalow, chief academic officer of KinderCare Learning Centers. “Focusing on nurturing the whole child, as well as protecting health and safety, gives parents peace of mind and enhances their confidence that their children are off to the best start in life.”

Consider these three things parents can do to help boost confidence in their parenting skills:

Communicate Early and Often Whether your child is in childcare or school, ensuring your family has open and consistent communication with care providers and teachers is vital.

Families and teachers or care providers share an important role in educating and caring for young children. By regularly sharing stories and observations about each child’s

Be a

Ask Questions to Reduce Concerns Few things help bolster parent confidence more than knowing their children are safe and sound, no matter where they are. Be sure to ask your childcare provider or school for more information about its health and safety protocols and emergency plans. Knowing how certain situations will be handled can reduce uncertainty and stress. Families seeking childcare should ensure they have a list of questions to ask potential providers to help them feel confident in their decisions.

Become an Advocate for Families Parents are increasingly leveraging work flexibility to be

Vaccine Hero.

Get Vaccinated!

Vaccinated!

Heroes are protectors.

Vaccination is the best way to protect against COVID-19 and save lives.

For more information on COVID-19 vaccine, visit nyc.gov/covidvaccine or call 212-COVID19.

more present in their children’s lives; 65% of survey participants said: “having enough time to spend with my children” was a top factor in boosting their confidence levels. If you’d like to try hybrid work or have more support for your childcare needs, talk with your employer about childcare benefits. It may be helpful to talk with coworkers first to understand their needs so you can advocate for the needs of all parents, not just yourself.

Potential benefits could include having a flexible work schedule that supports children’s routines and needs, an employer-sponsored childcare tuition subsidy, or backup care. You’re likely not alone in your desire for childcare benefits. The majority of parents surveyed said they would stay in their current jobs if childcare benefits were offered.p (FamilyFeatures)

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March 2022

11

Be Equity Smart

Do You Need an Agent? The Answer Is Yes!

tristian Phillip

Wayne Jordan

I

f you’ve bought or sold a house before, it may be tempting to decide to go through the process without the help of a real estate agent and their fee.

Know what you’re getting into before taking on this responsibility.

For both buyers and sellers, an agent is an important ally who can handle the paperwork and negotiating, which can get tricky, and make the process much less stressful for you. Here’s what to know when you’re considering an agent: Sellers Time Magazine reported that 90 percent of

home sellers use a real estate agent. The agent understands the market and the appraisal process and can provide expert advice on how to move a home more quickly, how to market it effectively and more.

Knowing market trends, they often are better able to negotiate the details of the contract. Your agent handles all of the walk-throughs and open houses as well, making them particularly helpful for sellers with inflexible work schedules.

If you’re not sure about your agent or having an agent at all, consider signing a short-term contract, so you can reevaluate how well the relationship is working.

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn

Buyers An agent can help you find a lender, a title company and an assessor and answer questions about the types of loans available, different down payment assistance programs in your area, how much you can afford based on your budget and the benefits and drawbacks of different neighborhoods, although many aren’t allowed to directly tell you yes or no about a neighborhood.

Agents also know what to look for when you’re walking through the house.

You may not notice a slight hump in the floor, but an experienced agent will and

knows to ask the owner what caused it.

They know possible issues to look for and questions to ask depending on the neighborhood (traffic patterns, persistent noises, if a family of raccoons lives nearby, and what electricity usage is like).

Your agent works for you, so do your homework and find one you’re comfortable with. You can ask for recommendations and check online reviews. The buyer’s agent is paid through the sale of the home, not out of your pocket.

We are happy to help and share our insight and experience to help you with the real estate investing process. Schedule an appointment today. Call 888-670-6791. n

March 2022

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Workers’ Matters

Home Care Workers Demand a Permanent Pay Increase in the State Budget

H

ome Care Workers want Gov. Hochul to include a permanent raise in new state budget, to secure their livelihoods and bolster a workforce in crisis. New York faces the greatest shortage of homecare workers in the nation, who make minimum wage to care for home-bound individuals who cannot care for themselves. These workers – 90% women and 60% immigrants -- need a raise to $22.50 an hour to care for this extremely vulnerable population.

A recent CUNY report says some 26,510 new aides must be hired annually just to keep up with the growing demand for care—and advocates say low wages make it difficult to attract and retain home care workers. It’s time to treat these essential workers with the dignity and respect they deserve.

Advocates say a permanent

wage boost would also be a major step forward in addressing the state’s longstanding history of income inequality.

New York’s home care workforce is comprised primarily of women of color and immigrants.

1199SEIU leaders say the poverty-level wages only perpetuate the racial and gender wage gap.

“New York simply cannot neglect a permanent raise for New York’s home care workers in our state budget,” said George Gresham, President of 1199SEIU. “These ‘healthcare heroes’ have given everything to protect our state’s most vulnerable people during the greatest public health crisis in generations. We cannot solve the growing home care shortage and provide services for those who desperately need them without investing in the individuals who provide care. For too long, the essential work of caregiving—carried out principally by women of color and immigrants—has been ignored and undervalued. We call on Governor Hochul to do right by New York’s homecare workers and give them the raise they need.”p

Stronger Protections for Nursing Home Workers/ continued from page 1 care industry was ill-equipped to deal with such a crisis. Chronic understaffing, lack of infection control protocols, and poor training contributed to the tragic deaths of nursing home residents and workers alike. These essential workers laid down their lives for the rest of us, and it’s time for us to give them the support they need and deserve.”

“Nursing home residents and their caregivers are urgently waiting on full implementation of nursing home reform in New York to bring them the relief they need,” said George Gresham, president, 1199SEIU. “Every day that goes by without nursing home operators being held accountable to basic standards of care puts residents at further risk. We applaud Attorney General James for her unwavering commitment to uncovering the critical failures of the industry during this pandemic and lending her voice in support of New York’s most vulnerable people.”

“What I’ve seen is care and compassion replaced by a focus on revenue and filling beds regardless of whether we have enough staff or staff trained to care for complicated residents,” said Mary Samaroo, a Licensed Practical Nurse at a skilled nursing facility in Queens.

“How you treat your staff is a reflection

of how you view the residents.

This employer seems to view both as a way to spend less and drive-up profits. We need both the new spending and staffing laws to be implemented and enforced because too many employers won’t do it on their own.”

Since March 2020, Attorney General James has been investigating nursing homes throughout New York state based on allegations of patient neglect and other concerning conduct that may have jeopardized the health and safety of residents and employees. Attorney General James released a report on the status of those investigations in January 2021 that revealed that nursing homes’ lack of compliance with infection control protocols put residents at increased risk of harm, and facilities that had lower pre-pandemic staffing ratings had higher COVID-19 fatality rates. The report also revealed that the New York State Department of Health undercounted the number of nursing home residents who died of COVID-19 by as much as 50 percent.p

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Mandatory Topics lIntroduction to Legal Research and Writing lIntroduction to Immigration Law lIntroduction to Personal Injury & Medical Malpractice Law lIntroduction to Social Security Disability Law lIntroduction to Labor Law: Your Rights in the Workplace lIntroduction to Legal Issues & Ethical Issues for Healthcare Workers lIntroduction to Healthcare Law Research lIntroduction to Wills, Trusts & Estate Planning lIntroduction to Workers’ Compensation lIntroduction to Employment Discrimination & Sexual Harassment lIntroduction to Labor Unions & Racism lIntroduction to Workplace Health & Safety

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March 2022

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SPONSORED INSERT: Estate Planning

Law Firm of Figeroux & Associates

Estate Planning Guide: What You Need to Know

INSIDE: •The

Importance of Estate Planning •What

Happens If You Die Without a Will?

•Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis

•Estate

Planning, Wills and Trusts for Families with Special Needs Children •Do

I Need a Living Trust?

•Nursing Home Neglect and Abuse Are Very Real

March 2022

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SPONSORED INSERT: Estate Planning

The Importance of Estate Planning

BY JANET HOWARD

N

o one likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their possessions will automatically transfer to their spouse or other family members if they die. Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right people.

What is Estate Planning?

Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appropriately in the event of their death or incapacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning. However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activities.

Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial side of estate planning.

Examples of common estate planning practices include: •Deciding how assets should be preserved, managed, and distributed after the owner's death or incapacitation and which assets should go where.

•Writing a will.

•Setting up trusts to hold or manage assets on behalf of beneficiaries.

•Making charitable donations and taking other measures to limit the estate's tax liability.

•Naming beneficiaries and executors.

•Making funeral arrangements.

Why do you need a Lawyer to Assist

with Estate Planning?

Technically, you don't have to have a lawyer to assist you with estate planning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death.

While many of the strategies and instruments available for estate planning are the same across the US, each state has its own rules regarding who

can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal representative of the deceased are in different states, things can become more complicated.

To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out.

Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary documentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court.

But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the documents you submit, your beneficiaries could end up drowning in legal fees. continued on page 3

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SPONSORED INSERT: Estate Planning Importance of Estate Planning/ continued from page 2 out a will in place, your assets will most likely be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to distribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues.

It is a common misconception that only those with significant assets need to bother with a will. Even if you have minimal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to.

Wills are also crucial for settling issues regarding childcare.

Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a testa-

mentary will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully.

Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiaries' tax liabilities. Each trust usually only holds specific assets, such as a piece of property. They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipient is able to manage the assets themselves, they can take possession of the trust and the associated assets.

How Estate Planning Can Provide for Those with Special Needs Estate planning is always important, but it takes on an even greater signifi-

cance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone.

If the child is likely to receive government benefits, their parents can establish a "special needs trust" for them as part of their estate planning. These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for government benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.

What Happens When Someone Dies Without a Will or Estate Planning?

If someone dies without a will, they are said to have died "intestate." This can create numerous problems for the

deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate.

Probate is a legal process in which a probate court determines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the complexity of the estate.

In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets.

In most states, only certain people can inherit assets under intestate laws.

These are usually limited to spouses and registered domestic partners and blood relatives.

Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses.

You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.p

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SPONSORED INSERT: Estate Planning

What Happens If You Die Without a Will? which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children.

Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unnecessary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.

BY MARY CAMPBELL

Y

ou know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound.

So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of?

The short answer is probably not. Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is large,

anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir.

In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body.

However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance,

may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your final wishes,

Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

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SPONSORED INSERT: Estate Planning

Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis

BY LINDA NWOKE

M

edical malpractice is the third leading cause of death in the United States. According to a study carried out by Johns Hopkins University, over 250,000 people die yearly from medical errors and negligence. Additionally, the American Medical Association, every one in three clinicians gets sued at least once throughout their career. Over 90% of physicians face at least one lawsuit before 65 years, especially those specializing in surgery. Healthcare lawsuits can emanate from a clinician's failure to treat, cause childbirth injuries, errors in prescription drugs, delayed diagnosis or misdiagnosis, or surgical errors, to mention a few.

The Impact of Misdiagnosis Many medical malpractice lawsuits often come from misdiagnosing, delayed diagnosis, or non-treatment of a medical condition, illness leading to dire results or injury. Consequently, a patient's condition can significantly depreciate and even lead to death. An example of such a case happened to Frank. He first noticed a swelling at his elbow twenty months ago and reported the concern to his primary physician. However, the swelling was not accurately diagnosed until it became too late and had become malignant, leading to his death in less than a year.

Experts report that over 13 million people are misdiagnosed yearly with cancer. Researchers from The John Hopkins Hospital report misdiagnosis of at least one out of 70 cancer-tested samples tested. According to the Institute of Medicine, over 96,000 patients die yearly due to medical mistakes.

These costly errors cost peace of mind and finances.

Take Brooklyn resident *Ms Brown, (full name not given for privacy) who reportedly learned about her throat cancer diagnosis last minute. Brown, who was 38 at the time, says that she was just a few hours away from having a scheduled throat operation when a second biopsy revealed the diagnostic error. Despite having undergone sleepless nights and untold psychological distress, she was too relieved with the news. Interestingly, a mistake in diagnosis is considered insufficient for a medical malpractice lawsuit.

Medical Malpractice Lawsuits in New York Between 2009 and 2018, New York recorded over 16,000 medical malpractice reports, one of the most extensive amounts in the country, according to the National Practitioner Data Bank (NPDB), followed by California and Florida. According to the same source,

the empire state also had the highest (over $7 billion) total medical malpractice payments compared to other states.

So, what are the factors to be considered in proving negligence in a medical malpractice case?

There are three main factors to be considered in judging if a medical doctor can be held liable for misdiagnosis. As earlier mentioned, the law does not hold doctors legally responsible for all diagnostic errors.

Instead, patients must prove three things in a medical malpractice lawsuit based on a wrong diagnosis: •A breach in existing care-relationship: fundamentally, every medical doctor has a duty of care towards their patient, exhibited in the doctor-patient relationship.

Thus, a complainant or the plaintiff will have to prove a breach of duty (that the doctor (defendant) failed to abide by the expected duty of care.

The doctor was negligent, thereby not providing treatment reasonably skillful and competent.

•Secondly, they need to prove that the breach in duty caused or led to medical harm or damages to the patient.

•And finally, the damages have/led to financial, psychological, and physical consequences, meaning that the doctor's negligence resulted caused actual injury to the patient.

Addressing the Doctor's Negligence The plaintiff or patient must establish that the doctor's competence is questionable. At one time or another, any skillful doctor would commit diagnostic errors irrespective of their years of practice. This can result from various factors that make a misdiagnosis or delayed inadequate diagnosis evidence of negligence, which shifts the focus to the issue of 'competence.'

For a negligence case, there is a need to evaluate the process followed by the doctor to reach a diagnosis. The systemic identification method is called the "differential diagnosis" method. Doctors use it to identify a

condition and decide on the treatment option for the patient. The method involves testing out the various probable diagnosis and then eliminating them based on test results. The doctor might start with an initial diagnosis.

Then, he can proceed by requesting another round of tests to reach a final working diagnosis. Thus, a diagnosis is achieved based on a combination of detailed questions about symptoms, medical history, and tests results or, in some cases, referrals to specialists.

However, in a medical malpractice case based on diagnostic error, the patient will have to prove the following: •Demonstrate that the doctor did not include the correct diagnosis on the differential diagnosis list.

•Secondly, if another competent and equally skillful doctor had handled the case, the latter would have identified the correct diagnosis. In this scenario, the doctor made the correct diagnosis using the differential diagnosis list from the onset.

•However, the doctor failed to gather the necessary evidence by performing appropriate tests or seeking a second opinion from experts to investigate the new diagnosis.

Sometimes a doctor's failure to accurately diagnose a condition can rely on inaccurate results from laboratory tests.

An inaccurate diagnosis can be a result of faulty equipment or human error. For instance, a technician might use the wrong procedure, carry out the test inappropriately, or record incorrect samples.

Samples can also become mixed up, contaminated, or a pathology slide can be wrongfully read. All of these scenarios can compromise the result. Although, the doctor in such instances might not be held liable for such an error However, the patient must prove that the error was due to negligence.

Need to Proof that The Misdiagnosis Caused Harm to the Patient Another element considered is a pa-

tient's proof that the doctor's misdiagnosis or delayed diagnosis from negligence resulted in the harm, injury, or the progression of the condition beyond where it would have been. In a situation where the diagnosis was accurate and done in a timely.

They also need to prove that the condition's progression hurt treatment or general outcome. For example, because of a delayed ulcer diagnosis, the patient had to undergo surgery to cut off a perforation that was avoidable.

Occasionally, when a doctor mistakenly diagnoses a patient with an illness or condition that the patient does not have, the patient may be able to prove harm in the form of psychological trauma, pain, suffering, and wasted resources to treat a non-existing illness.

Next Steps in Filing a Medical Malpractice Lawsuit The following summarizes some of the steps to implement in a medical malpractice case.

1.Raise your concern with the medical professional involved To start a case, you must contact the doctor before filing a claim. Endeavor to understand what may have gone wrong and aim for a settlement which can be in the form of a correction or providing a solution.

2. Contact the appropriate medical licensing board This takes the issue a step further if the initial approach fails. Find out the governing board for the doctor's or medical professional's practice. They can provide vital guidance on what to do.

3. Contact an attorney and discuss the merit of your claim.

Experience matters. The lawyer you hire does make a difference! Call the Law Offices of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule a consultation.

4. Find out what the law says Confirm the statute of limitation on your civil claim in your home state, research the state law on medical malpractice claims.

5. File a certificate of merit This requires the opinion of another expert to validate your concerns .

6. Consider settling out of court This saves time and money as most civil claims, including a medical malpractice lawsuit, requires many resources. p

March 2022

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SPONSORED INSERT: Estate Planning

Estate Planning, Wills and Trusts for Families with Special Needs Children

BY JANET HOWARD

W

e all want to live long, healthy lives filled with happiness. No one wants to think about contingencies for if the worst might happen. However, if something unfortunate happens, you want to make sure your loved ones will have the right care and financial resources. This is even more essential for those families who have children with special needs.

Thinking about estate planning, wills and trusts can cause stress. The complexities of retirement plans, taxes, life insurances and medical care can overwhelm anyone. But it's best to face the hardship of getting your affairs in order now, especially while you are healthy and thinking clearly.

You don't want to leave these crucial decisions to a friend, loved one, or judge-appointed representative. No one knows better than you how to care for your child. Make sure that they always receive the best support by setting up the proper plan now.

Estate planning, wills and trusts can

bring about a lot of unknowns and complexities. In this article, we will break down the essential steps you need to take to create an effective plan for the proper care of your child.

Set Small and Manageable Goals Putting everything in order for when you're gone can feel overwhelming.

It's hard to know where to start or how to reach out for help. Most parents already feel run down by the hustle and bustle of modern life.

When you're a parent of a child with special needs, you also devote a lot of time to caregiving.

Where do you find the time to tackle

a project like this? By taking it one small step at a time with manageable goals. It will amaze you how much you can get done using this strategy.

Soon, you won't feel intimidated by things like retirement plans, life insurance policies, complexities of tax laws, and special-needs trusts.

Planning for something like this is an enormous task, so ask for help when you need it.

Recruit Help from the Right Experts Start by finding the right legal counsel for sound advice. Lawyers who specialize in special-needs trusts can help you understand the ins and outs of these unique situations. They can also offer expert help in drafting all the right documents.

Another must-have team member is the right financial advisor. Seek an advisor who has specific training in helping families of children with special needs. You'll want to look for the chartered special-needs consultant (CHSNC) designation. To find a financial advisor with this type of training, try searching on The American College of Financial Services.

If you set up a special-needs trust, you will need to designate someone as the trustee. This is the person who has total control over the trust. It is essential you designate someone you know can fill this vital role. If you are not sure whom to designate as the trustee, consult with your lawyer and financial planner for advice.

Get Organized and Stay Up-to-Date When tackling something like estate planning, wills, and trusts, you will need to gather a lot of essential information on yourself and your child/children.

The following list provides some helpful starting points but is not allinclusive: •Personal Information (birthdates, Social Security numbers, birth certificates) •Emergency Contacts (names and phone numbers) •Medical Providers (names and contact info.)

•Medical History (including medications and allergies) •Medical Insurance (policy numbers) •Financial Information (retirement

plans, life insurance, other sources of income) •Attorneys (names and contact info.)

•Financial Advisor (name and contact info.)

•Banking Information (account numbers, safe deposit box keys) •Accounts and Passwords (for all the above) Your attorney and financial advisor will help you round out the rest of the essentials.

Once you have everything organized, you need to decide where to store it. Do you want to use a traditional filing cabinet or go digital?

Other options are a personal safe or a safe deposit box in a bank. Whichever you choose, make sure your designated trustee has the keys and passwords to access this vital information.

Update this information as needed.

You may change your mind about certain details a few years from now or change passwords to certain accounts. Make sure your appointed trustee always has the most up to date information.

By getting everything organized and stored in one location, you will save your trustee, friends, or family members weeks or months of headaches in tracking this information down.

Essentials You Need to Know About a Special-Needs Trust One of the most important things to know about a special-needs trust is that it will allow your child to remain eligible for public assistance like Supplement Security Income (SSI) and other programs. If you leave your assets directly to your child instead of in a special-needs trust, those assets can disqualify your child from public assistance programs.

The same goes for grandparents or other family members. If they plan to leave any assets to your child after they pass, make sure they have those assets go to the special-needs trust, not directly to your child.

The reason for this is that a specialneeds trust is treated as separate from the disabled individual. When you set up a special-needs trust as part of your estate plan, you want all assets to be held within that trust.

Another critical component to understand about a special-needs trust is IRA retirement plans. You cannot directly assign the payout of your IRA to go into a special-needs trust.

You can, however, name the specialneeds trust as the beneficiary of that IRA. The same can go for life insurance policies.

By doing this, withdrawals from your IRA retirement plan will go into the special-needs trust over your continued on page 7

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SPONSORED INSERT: Estate Planning

Do I Need a Living Trust?

Special Needs Children/ continued from page 6

BY CHRIS TOBIAS

E

veryone has heard of wills.

However, how many know about living trusts. So what exactly is a living trust you may ask. Put simply, it is a written legal document that partially replaces a will. Will you need one though? That’s the question many people find hard to answer.

Unless you have assets or children, living trusts are probably not the best option. However, if you have significant assets, living trusts allow you to remain in control of your assets and manage them according to your wishes. You an also name a secondary trustee should you not be able to manage them yourself. Anyone with simple estates, or that wishes to have court supervision over their assets and accounts should not consider a living trust either.

One major advantage of living trusts is the absence of court interference.

With wills, court supervision and approval is required. Being able to control one’s own assets is appealing. Face it no one likes dealing with court officials especially after a death. There are no arguments as to who has control of your assets or your will. You will normally be the trustee of your own living

trust with a secondary trustee named in the event your become incapacitated.

Should you die, your name successor will manage the trust according to your wishes. No lawyers will be involved which save every one left behind time and money. It is important to discuss the planning of a living trust with a lawyer to better understand how it works. If you name the wrong person as the trustee, you may be taken advantage of. A lawyer can provide guidance so you make the right choices. Remember, no court or judge to come to your defense with a living trust.

You should still have a will with a living trust. This is especially important when children are involved. A will can serve to name their legal guardian.

Also, your will contains any assets not

listed in your living trust. It is always best to have all your bases covered.

Some benefits to living trusts include protecting property for beneficiaries, reducing or eliminating taxes, managing property while incapacitated, avoiding probate, avoiding a will contest, and privacy. When looking at all the benefits and the ease of setting up a living trust, the biggest question is why shouldn’t you have a living trust?

Always consult a lawyer or other similar professional before setting up a will or living trust. They can answer any questions you have and clear up any confusion. It is always best to have all the facts before creating a will or living trust. When everything is set up correctly, that is one less thing to worry about later on.p

insurance policies.

By doing this, withdrawals from your IRA retirement plan will go into the special-needs trust over your child's life expectancy. There are other considerations like the tax advantages of Roth IRAs, but it is best to go over these details with your financial advisor.

Final Thoughts Setting up an estate plan for your child with special needs can seem like an insurmountable task. However, by following these steps, you can put the right plan in place for the benefit of your child. You can rest easier knowing they will have the care they need after you're gone.p

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SPONSORED INSERT: Estate Planning

Nursing Home Neglect and Abuse Are Very Real

BY MARY CAMPBELL

T

he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes. So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed.

What Is Nursing Home Abuse and Neglect?

While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two.

Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient.

An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported.

What Are the Warning Signs?

The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring.

These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases Financial Exploitation

•lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers A Worker’s Experience

Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000. I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life.

In the News According to an article on www.abc7ny.com on September 26,

by Toni Yates, an 86-year-old woman was assaulted at a nursing home as reported by her son. The patient's son, Benny Gomez, says his mom was assaulted and posted a picture of his

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bruised and injured mother on social media, which has been shared nearly 9,000 times.

“What does she mean to me? Everything," Gomez said. He added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches."

Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield.

State officials and police are trying to figure out how an 86-year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility.

Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years.

This can be done at www.medicare.gov/nursinghomecompare/search.html Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-7688845 for a consultation.p

www.workersworldtoday.com

March 2022

21

In the News

Confirm Judge Ketanji New York Times Tech Workers Vote to Unionize in Brown Jackson to the Supreme Court Landslide

T

he National Labor Relations Board on March 3, announced that, in a 404-88 blowout vote, New York Times tech workers have won their election for a union, after a year-long campaign that was met with aggressive unionbusting tactics from management. 85% of the unit voted in the election.

The 600-member Times Tech Guild will be the largest union of tech workers with bargaining rights in the country. The unit includes software engineers, data analysts, project managers, product managers, and designers. The unit is represented by The NewsGuild of New York, part of NewsGuildCWA, and affiliated with CODE-CWA. “The National Labor Relations Board has confirmed what we have known to be

hoto courtesy NYC Central Labor Council

true: support for a union is strong among tech workers at the New York Times," said the Times Tech Guild Organizing Committee in a statement. "With this election result, the hundreds of us who work on New York Times websites and apps will finally have a real seat at the table and a meaningful say in our pay, benefits, and working conditions. We are proud to have won the largest union of tech workers with bargaining rights in the country, and we hope today’s victory will inspire other workers across the tech industry to join us." p

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Climate Jobs NY Update: CJNY Rallies for the Carbon Free and Healthy Schools Initiative

O

n Thursday, March 24, Climate Jobs NY joined with unions, elected officials, and environmental and environmental justice advocates on the steps of CIty Hall to call on Mayor Adams and the New York City Council to implement our Carbon Free and Healthy Schools Initiative (CFHS).

Our NYC public schools, especially those in communities of color, are in urgent need of repairs due to aging infrastructure. CFHS would provide these schools with the funding they need to repair crumbling facilities with green infrastructure while also building a pipeline of good union jobs for our young people in communities where they need it most.

Led by a steering committee of 32BJ SEIU, AFSCME District Council 37, the United Federation of Teachers, the New York

Photo courtesy NYC Central Labor Council

City Central Labor Council, the Building and Construction Trades Council of Greater New York, the Council of School Supervisors and Administrators–and in partnership with key allies including Climate Works for All and the Sunrise Movement–the CFHS plan would: •Create 60,000 good union jobs in NYC communities, especially those that have been historically overlooked •Make schools healthier and safer for students and the school community, especially for schools that have been underinvested in for years •Save more than $250 million per year in energy costs •Eliminate 75,000 tons of carbon emissions every year, the equivalent of taking 161,000 cars off the roadp

A

fter 232 years, the first Black woman has been nominated to the U.S. Supreme Court: Judge Ketanji Brown Jackson. And if the national Labor Movement has anything to do with it, she’ll also be the first Black woman to serve on the Supreme Court. The Senate must confirm her immediately.

Judge Jackson is eminently qualified for this critical lifetime position. Her distinguished legal career includes: •Her term on the U.S. District Court in Washington, where she ruled on more than 550 cases; •Her tenure as an assistant federal public defender; and

•Her experience serving as vice chair of the U.S. Sentencing Commission.

We are confident she will bring her clear commitment to equal justice and fairness to the highest court in the land.

Being the first is never easy and Judge Jackson is doing what so many women have done before her, breaking barriers to ensure that she is not the last. Add your name to say you support Judge Ketanji Brown Jackson! p

Resident Physicians Mark Two Years of COVID in NYC

O

n the evening of Tuesday, March 22, resident physicians of One Brooklyn Health, who are also members of the Committee of Interns and Residents/SEIU Healthcare, gathered outside Brookdale Hospital to mark two years of COVID in NYC. Doctors were joined by OBH nurses and other hospital staff as they reflected on the trauma endured by healthcare workers during the pandemic and the impact of structural in-

equity on patient care and illness in their communities.

“Because our neighborhoods are mixed with Black and brown individuals and we are filled with essential workers, because we are given less of everything, COVID ripped through the seams of our community,” said Dr. Colleen Achong. p

Weight-Based Discrimination/continued from page 1 tion Project, which mobilizes nonunion workers to try to improve the sector. Higher-end brands tell job seekers to provide a photo with their résumé and that heavier workers get passed over for promotions or stuck in the back, stocking shelves for less pay than sales reps. Some get told after gaining weight that they no longer “fit the image” the company wants, and many retailers insist that sales staff wear their own brand on the job while refusing to provide apparel that can fit larger employees.

To get the New York bill passed, the RWDSU plans to mobilize workers who’ve experienced or witnessed such discrimination to lobby lawmakers and testify at hearings. Finding retail staff ready to publicly share their discrimination stories has been tough, says Awotoye, but that’s an obstacle that can and must be overcome to get the bill enacted.p

Read the full story at www.workersworldtoday.com

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March 2022

22

Union In Action

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Commemorating the 111th Anniversary of the Triangle Shirtwaist Factory Fire

O

n March 25, 1911, 146 workers—mostly young, immigrant women—were killed in a horrific fire at the Triangle Shirtwaist Factory at Washington Place and Greene Street in lower Manhattan. Inadequate fire escapes, locked doors, and an overall disregard for worker safety contributed to the tragedy. Local and national outrage over the incident was the impetus for changes in labor and fire safety laws that continue to protect us today.

More than a century later, it is crucial that we continue to stand together to protect the hard-fought gains of the labor movement, and to expand protections to include all workers.

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presentations, and will end with a unique “reading of the names.”

This year’s event also included a tribute to Ed Vargas, who passed away last fall and who many of you will remember as a longtime labor organizer, champion of working families and tenacious advocate for the creation of a permanent memorial to those lost in the Triangle Fire. p

Local 3 IBEW City Division Member Recognized by Sloan Public Service Awards

F REAL ESTATE AGENTS WANTED:

On March 25, 2022, the NYC CLC joined the Workers United and the Remember the Triangle Fire Coalition for a virtual 111th Anniversary Commemoration of the fire.

Frontline workers, organizers (including those from the 1982 Chinatown Garment Workers Strike), teachers, students, and many friends will honor the 146 garment workers killed in the fire as we stand at the same time with workers fighting for social and economic justice today. Workers organizing Starbucks shops here in New York and mine workers who have been on strike for almost a year in Alabama will be highlighted. The program will include music, poetry, and video

or over 47 years, the Fund for the City of New York has annually recognized employees at all ranks and levels of government with its Sloan Public Service Awards, widely regarded as the “Nobel Prizes of City government.” One of this year’s six award winners, Steven Cubero, is the Plant Chief of the Newtown Creek Wastewater Treatment facility in Greenpoint, Brooklyn — the largest of the city’s 14 wastewater facilities — and a union member in the Local 3 IBEW

“A” CEE City Division.

Born and raised in Brooklyn, Steven is a first-generation Puerto Rican American and a graduate of William E. Grady Career and Technical Education High School, where he received training in an apprentice equivalency program. Steven worked in NYC Transit for 12 years, and then, eight years ago, he joined the NYC Department of Environmental Protection as a Stationary Engineer (Electric) represented by Local 3.

“The benefits and wages ne-

Photo courtesy NYC Central Labor Council

gotiated by our Union have afforded me to provide for my family and children,” Steven said. “Besides my wife, Jessica, and children, Alyssa, Steven, Dylan, and Hailey, I would

like to thank Local 3 Business Representative for the City Division, Mr. Sean Fitzpatrick, who has been instrumental to the entire city workforce.”p

Union Veterans Council Becomes 7th Constituency Organization of the AFL-CIO

U

nion members in every industry, occupation and region of the country have proudly and bravely served in the armed forces of the United States. During the 2009 AFL-CIO Convention, the AFL-CIO passed a resolution to form the Union Veterans Council. From its inception as a project of the federation, the UVC has been a force multi-

plier for union veterans and all working families in their fight for economic freedom and security.

In recognition of the UVC's achievements, the AFL-CIO Executive Council this week designated the UVC as an official Constituency Organization of the federation, making the UVC only the 7th such organization in the AFL-CIO's his-

tory. This decision will allow the UVC to scale its programmatic work and capacity to be even more effective as it fights to help union veterans and all working families better their lives.

"The Union Veterans Council's foundation will remain unchanged and our mission to bring working-class veterans

together to speak out on the issues that impact us most remains the same," said Union Veterans Council Executive Director Will Attig. "With this recognition we are prepared to scale the UVC to be the labor movement's force multiplier and organization that is always there for the fight!" p

www.workersworldtoday.com

March 2022

23

Old & New Immigrants: Their Rights

New Biden Administration Policies Offer Crucial Protections for Immigrant Youth

BY GIANNA BORROTO

T

he government made two important announcements on March 7th affecting immigrant children who have been abused, abandoned, and neglected.

The first is a new policy that offers work permits and deportation protection to children with approved Special Immigrant Juvenile Status (SIJS) petitions. The second is a long-anticipated SIJS regulation, clarifying eligibility requirements for youth seeking protection.

SIJS is a form of immigration relief available to children who have been abused, abandoned, or neglected by one or both of their parents. Applying for SIJS is a complex process that usually involves multiple courts and various applications. To apply for SIJS, a young person must first petition a state court to make

specific findings about whether they have been abused, abandoned, or neglected. After obtaining an order from the state court, the child submits their SIJS application with U.S. Citizenship and Immigration Services (USCIS).

SIJS-eligible children who successfully navigate this multi-pronged process, however, are not immediately granted permanent immigration status in the United States. They then must apply for a green card after USCIS approves their petition for SIJS. A significant visa backlog– particularly for youth from Mexico and Central America’s Northern Triangle– also causes thousands of young people to be in limbo without the ability to achieve permanency in the United States, or even work lawfully.

Editorial credit: Joseph Sorrentino / Shutterstock.com

USCIS’s new deferred action policy for SIJS youth finally offers some peace of mind to young people with long-delayed applications.

Deferred action is a form of prosecutorial discretion that protects recipients from deportation. The agency’s announcement states that it will begin automatically assessing approved SIJS cases for deferred action on May 6 and that no additional application is required. Importantly, deferred action will make these children and young adults eligible for work permits as they

continue awaiting their green cards.

The second recent SIJS-related announcement was the issuance of a new regulation, which goes into effect on April 7th. The new rule governs how USCIS will adjudicate SIJS petitions and clarifies eligibility standards. This is the first time SIJS regulations have been promulgated since the Trafficking Victims Protection Reauthorization Act of 2008 introduced significant changes to the program Though new SIJS regulations were proposed in 2011, advo-

cates argued that the regulations largely conflicted with the statute and they were not finalized. The Trump administration later reopened the comment period for these regulations in 2019, raising renewed concern among advocacy groups who feared that the administration was taking another step to whittle down protections for immigrant children.

The final rule makes several improvements. It includes ageout protections for youth who submit their SIJS petition before turning 21. It also clarifies that applicants remain eligible for SIJS even if their state court order terminates after they reach the age of majority in their state or achieve other permanency. Additionally, the rule prohibits the government from requiring the child to contact their abuser or the abuser’s family as part of the

continued on page 26

www.workersworldtoday.com

March 2022

24

Love, Health & Travel

CDC: Most Americans Have COVID-19 Antibodies

BY CAROLYN CRIST WEBMD NEWS BRIEF

A

bout 95% of Americans ages 16 and older have coronavirus antibodies, according to CDC data from testing blood donor samples.

The percentage includes antibodies formed from both vaccinations and COVID-19 infections, with nearly 70% of people ages 16 and up having received at least one vaccine dose, the data shows.

The seroprevalence — or evidence of antibodies in the blood — differs slightly by age, at about 94% in ages 1629, increasing to 96% in ages 65 and older.

That may be one reason why public health officials have said BA.2, the contagious Omicron subvariant, could lead to an uptick in cases in the U.S. but not a significant surge, according to CNBC.

At the same time, antibodies don’t always indicate whether a surge will happen, the news outlet reported. In June 2021, before the Delta variant became dominant in the U.S., about 87% of Americans had antibodies, the CDC data shows.

The BA.2 variant has also led to surges in countries across Europe, which tend to have higher vaccination rates than the U.S. The Omicron subvariant is now the dominant COVID-19 strain in the U.S., according to new CDC data, accounting for nearly 55% of new coronavirus infections that have been sequenced.

As public health experts have tracked the effects of antibodies on coronavirus reinfection, they’ve noted a difference between people who have antibodies from vaccines and those who have them from being infected before. Antibodies from vaccination tend to decline

about 4 to 6 months after a shot, CNBC reported.

The data about antibodies from an earlier infection is uncertain, with protection lasting from a few months to more than a year after infection.

Even then, about one-third of people who contract COVID19 may not develop antibodies at all, according to a CDC study published in September 2021.

So far, unvaccinated people appear to be more than twice as likely to have a reinfection, as compared with those who were vaccinated after having COVID-19, CNBC reported.

Antibody protection likely also

differs by variant, with those who recovered from an Omicron infection having better protection against the BA.2 subvariant.

In addition, scientists have noted the differences among various types of antibodies.

Neutralizing antibodies bind to the virus and stop infection, but non-neutralizing antibodies function more “like a GPS,” Hannah Newman, the director of infection prevention at Lenox Hill Hospital in New York City, told CNBC. These antibodies “serve as a locator, indicating to other parts of the immune system that there is a problem,” she

said.

The current 7-day average of new COVID-19 cases is hovering around 30,000, according to the latest data from Johns Hopkins University. The rapid decline in COVID-19 cases from the Omicron variant surge has slowed, but numbers haven’t begun to rise again.

For now, public health officials are suggesting caution as they watch the data.

“Because people want to believe the pandemic is over, they let down their guard and behave less carefully,” John Moore, PhD, a professor of microbiology and immunology at Cornell University, told CNBC. Americans should work to be aware of their risk and make decisions based on their circumstances, he noted. In reality, no one can say for sure what will happen in coming weeks.p

You may be eligible for COVID-19 Treatment People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away.

Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies.

Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body.

There are currently two authorized pills - paxlovid and molunpiravir.

Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization.

COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19.

If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319).

www.workersworldtoday.com

March 2022

25

Love, Health & Travel

Think About Romance Differently to Put the Spark Back into Your Relationship

BY SARAH HIGHLAND

E

veryone knows that you get your relationship back on track by getting each other chocolates and flowers and engaging in a steamy physical encounter with all new sexual positions, right?

Wrong! There are many other ways to show your significant other, no matter how long you have been together, that you still know how to bring the romance. You don't have to spend a lot of money or re-enact the Kama Sutra.

Try putting the spark back in your love affair with these few simple suggestions.

Don't wait for holidays or special occasions A lot of the problems with holidays, days off, and anniversaries are the pressure they involve. The easiest way to take this pressure off you and

these "high expectation" days is to pay attention to your relationship on regular days as well.

Look for little ways to make ordinary days extraordinary.

Does your partner hate cooking? Suggest getting take-out on a weekday night when you're both worn out. Do they like cooking, but just want a night off from childcare? Find a way to drop the kids off at a sitters or family member's house and enjoy a quiet night or weekend afternoon in.

Making someone's day can be as small as making a real ef-

fort to communicate with them. Ask how your partner's day went. Tell them you love them. When they speak, listen.

Don't feel you have to jump on every story to solve the other person's "problem." Sometimes real intimacy in a relationship develops when a person knows they can talk to their significant other about anything, and that person will always listen.

Leave room to be pleasantly surprised Part of the joy in a long-term relationship comes from

knowing each others' preferences and tastes. Of course, this can also become one of a relationship's drawbacks.

Romance dies when we start to think we know every last thing about our partner. Even though you most likely do know your lover's dietary preferences, working styles, opinions, and most other things, every now and then, ask new questions.

Plan a new meal or type of outing, or pick a different type of movie or TV series to stream than usual. Ask your spouse what they think about any of these changes. People can and do change, at least in myriad small ways, and engaging in shared flexibility to try something new can help you forge new bonds together. Your partner or spouse might well surprise you, and you might see them in a new light, which can often rekindle the spark you had when you first met.

Do something for yourself Everyone, by now, understands that good "self-care" is not going to heal the world or solve all our problems. However, if you do something for yourself that can make you feel healthier, more creative, more invested in the world around you, more alive, that burst of enthusiasm will show, and your partner will respond to it.

It's so tempting, in one's longterm relationship, to simply value "comfortable" above all else. But sometimes in pushing ourselves to learn something new or to develop a better health habit, we can actually bring about physiological improvements. When we feel better in our bodies and minds, we feel good about ourselves.

And when we feel good about ourselves, it's easier to offer ourselves both emotionally continued on page 26

March 2022

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26

Conversations

Three Easy and Effective Ways to Increase Your Confidence

BY MARY CAMPBELL

M

ost people can benefit from self-confidence.

Whether your self-esteem is often low or your confidence occasionally dips, develop a self-assured mindset, and you'll feel empowered. These tips will help to increase your confidence and self-esteem.

Outdoor exercise People sometimes take Mother Nature's mood-boosting power for granted. She hums along in the background of your life, though as birdsong, trees, and the open blue sky. Nature's wonders can increase your confidence because they give you a break from the hustle and bustle of life. In the gentle atmosphere of sunshine and the wind through tall grasses, you'll find stillness in which to ease troubles and discover inner strength.

Walk in the countryside and let go of problems. Feel-good chemicals will flood your system, reminding you that you are part of nature's perfection.

Research shows time amid green spaces can change your self-perception, boost your immunity, and help you stay fit and healthy. As stress eases, your self-confidence will rise.

You are likely to meet other walkers, too, and reap the benefits of connecting with your community. Studies reveal social interaction and a sense of belonging boosts self-esteem.

Carry out heart breathing Connect with your heart, and, according to the Heartmath Institute, confidence, peace, and joy will arise. Focus on your heart area and picture your breath moving in and out of your heart. Take three long breaths. Then continue breathing as you imagine somewhere beautiful or visualize someone you love.

Imagine surrounding the chosen person or place with your heart energy as you continue to inhale and exhale at a slow pace. Let compassion wash over you as you focus on the image. You'll soon feel peaceful and in control. Practice several times a day, and your confidence, inner security, and wellbeing will grow.

Heart breathing will increase self-acceptance and help you steer your emotions.

Practice kindness A terrific way to boost selfkindness is to be kind to other people. When you are benevolent, you enhance happy hormones and reap the rewards.

Likewise, being compassionate toward people can increase self-compassion. Many people find it hard to love themselves. Generating love and kindness for others, though, can stimulate self-love. While happy chemicals stream, it gets easier to quieten critical self-talk and develop a kind inner voice that supports confidence.

Nature, heart breathing, and boosting kindness in your life can change your self-perception and increase your confidence. At the same time, you'll benefit from enhanced health and wellbeing when you adopt these self-care practices.p

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Put the Spark Back/ continued from page 25 and physically to others.

Don't get creative in the bedroom Wait, did you read that right?

The first way that couples often try to spice up their romantic life is to do everything differently in their sex life. This thought is bolstered by constant media and online headlines screaming "Your Best Sex Life Now: New Tips and Tricks!" (and similar titles).

When couples look around in the culture, it's easy to become convinced that absolutely everyone else has more and better sex (of all kinds) than they do.

It's not true. Frantic scramblings simply to do something "new" in an intimate relationship do not make for relaxed and fun physical encounters.

To be clear: novelty can be a lot of fun in one's sexual encounters. But make sure that when you do try something new, it's at times when you're relaxed, have time, and both of you are ready and willing to explore different techniques.

It can be very important simply to give each other permission to do the things that feel good for everybody, every time. Ask for what you want, and ask your partner what they want. Knowledge, reliability and guaranteed good times can be the best features of a long-term relationship.

With good communication and loving attention to the small details, partners can find ways to keep the spark of love alive in their relationships for years to come. p Crucial Protections for Immigrant Youth/ continued from page 23

application process.

These changes to SIJS, particularly new protections against deportation and work permits for SIJS youth, provide muchneeded assistance to this vulnerable population of young people. The Biden administration and Congress should not stop there though. Additional reforms, such as exempting SIJS youth from visa caps, are needed to offer permanent protection to these young people who, despite these recent reforms, continue to languish in the visa backlog.p

The lawyer you hire, does make a difference!