Mediation allows the parties to come up with creative alternatives. Some parties will split the add-on expenses equally; some will decide to pay for the expenses in proportion to their income; some may choose to elect one person to pay 100% of all or some of the add-on expenses so that they are not constantly requesting reimbursement for expenses incurred and/or providing proof of payment to the other person. There are many variations for payment that can be considered and agreed upon by the parties during the mediation process.

The following is a list of Add-on Expenses that should be considered in your divorce mediation:

(a) Unreimbursed medical expenses;

(b) Extracurricular activities including, without limitation, any equipment, gear, paraphernalia, etc. for such activity [ex. Sports, music, art];

(c) College, including without limitation, tuition, room and board, and spending money;

(d) Braces;

(e) Glasses/ Contacts;

(f)  Summer Camp [day camp, sleep away camp, travel programs]

(g) Cell Phone and future cell phone bills;

(h) Car and Car Insurance, including cost to obtain license and driver’s education classes;

(i)  Babysitting/ After School Care/ Tutoring/ Private school;

(j)  Birthday Parties/ Communions/ Bar – Bat Mitzvahs/ Sweet Sixteen’s/ Prom/ Weddings

In your mediation, each of the above items, among others, should be discussed in determining how payment for each “Add-on” expense will be allocated and what may work best for the parties. Maybe it is simpler for one person to pay for braces and glasses and the other to pay for childcare. Maybe it works best for the parties to lower the amount of child support one person will pay in exchange for that same person paying 100% of the add-on expenses. One person may want to negotiate keeping 100% of their pension in exchange for paying 100% of the add-on expenses for the children.

During the mediation process, it is helpful to consider all extra expenses that may arise in the future and how they may be apportioned to the parties. Once an agreement is reached in the mediation, it should then be subscribed to writing so that there is clarity for the future.

Mediation offers the parties the benefit of discussing and finding creative solutions that work for their situation, rather than a formulaic approach decided by a Court.

Does the Stored Communications Act Protect Me at Work?

Laws, such as the federal Stored Communications Act, prohibits, unless the employee provides consent, an employer from accessing non-public information from websites whose passwords and login information are stored on company property, including a company phone, tablet or computer. However, many employers take the position that there is no expectation of privacy on a company cell phone, tablet or computer and rely on their computer, phone and social media policies to access all information, emails, websites and an employee’s social media site.

Employees should err on the side of caution. Employees should keep their personal and work lives separated. If an employer provides an employee with a cell phone, the employee should utilize that phone for work related items only. The employee should not download any personal information or apps onto the work phone. While it may require an employee to pay for a personal cell phone, the employee should have their own personal cell phone to use for their personal email, texts, social media, etc. While it seems economical to use the company phone, the downside could be tremendous.

Don’t forget, that any texts that are not work related are generally a violation of company policy and could be grounds for termination. Employees should also err on the side of caution with any tablets, laptops or even desk tops either at the office or that the company provides to them at their homes.

Employees should presume that if they download or log into Instagram, LinkedIn, Facebook, Grindr, Pinterest, Tinder, Snapchat, Twitter, etc., their employer may have access to these sites.

While an employee may be able to raise a claim under the federal Stored Communications Act for their employer’s review of the employee’s personal social media and emails on the company phone, etc., keep in mind this would most likely occur after the employer has already accessed all of the employee’s personal and private information. Be mindful that it is better not to provide an employer access. Employees should not store personal information on their work phone, tablet or laptop and should not access any private information on any of these devices.

Are Your Posts Harming Your Employment?

You should presume that your current employer and prospective employers are following you into every site you go into on the internet; whether it be a chat room, group, blog, networking site, Instagram, Facebook, LinkedIn, YouTube, Google+, Pinterest, Snapchat, Twitter, etc. 

Many people do not realize the impact that their posts have on their future employability and employment. Specifically, a person may be denied employment because of what a prospective employer discovers on social media or an employee may be terminated due to comments and outside activities posted on public or private social media sites

Many employers have Social Media Policies setting forth what can or can’t be posted by its employees. All employees should review these policies in order to be in compliance. Failure to do so may be grounds for termination.

Employees and former employees must also be sure not to share confidential and/or propriety information and/or trade secrets on social media sites. Doing so can be grounds for termination or if already a former employee, grounds for a lawsuit.

An employer discovering an employee posing his/her involvement in illegal activity through a post on a social media site can also be grounds for termination.

Employees should assume that their employer or prospective employers are reviewing any posts that they put on social media and others posts that may be linked to them. If an employee would not say or engage in an activity in the workplace then he/she should not do so on social media.

Many employers and recruiters review social media to check out applicants. Employers look for, among others, provocative photos; bad mouthing of colleagues, former employers or friends; sharing of confidential information; misrepresentations made by the applicant on a resume or in an interview; illegal activities.

Employees should be mindful of what they are posting, their privacy settings and who they connect to in the workplace.

Comments and posts can follow employees and harm their employability.

Employers reviewing social media sites and making adverse employment decisions must be careful that doing so is not based on improper or illegal motives, as this may result in lawsuits against the company for their decision.

The Firm was quoted in Newsday today in a column by Carrie Mason-Draffen. Check out the article below.

DEAR CARRIE: I work at a day care center. We are paid for our 30-minute lunch break and are not allowed to leave the premises during that time. I understand the reasoning for the policy. It ensures that we are on site to help in case of an evacuation. But the director says the 30 minutes cannot be applied to our total work hours, even though we sometimes work through the break because of parent calls. In fact, our handbook states that the director can decide whether or not we should be paid for overtime. Is it legal to exclude working lunch time from our total hours worked for the week?

— Indigestion

DEAR INDIGESTION: Though you have just one question, it encompasses various aspects of labor law. I’ll start with the most straightforward. When you work, that time should be accounted for in the day care’s payroll records.

“On the days that you work during your lunch, these hours should be counted toward the number of hours worked per week,” said employment attorney Sheree Donath of Donath Law in Uniondale.

Next is the issue of whether you should be paid overtime if working through lunch takes you over 40 hours a week.

If you are a teacher at a facility that meets the definition of an educational establishment, you may be exempt from overtime, Donath said. Teachers at day care centers are exempt from overtime and minimum wage if they, like teachers at elementary or secondary schools, fall into the professional-exemption category.

“If you meet this definition and your school is considered an educational establishment, then you may not be entitled to overtime,” Donath said. On the other hand, “if you are not a teacher or do not meet the requirements of the professional teacher exemption, then you may be entitled to overtime pay if you exceed 40 hours of work each workweek.”

It’s worth mentioning that an overtime rate doesn’t have to kick in simply because you surpass your customary work schedule, Donath said.

So if you are scheduled to work just 30 hours a week, and you work through your 30- minute lunch break every day, you would have worked only 32 1⁄2 hours that week and would not be entitled to overtime. If you are an hourly employee, you would have to be paid for those extra 2 1⁄2 hours but not at an overtime rate, which is 1 1⁄2 times your regular hourly rate for every hour over 40 in a workweek.

If you are an hourly employee, the company, by offering you a paid lunch hour, at least covers the time you have to talk to parents.

“Generally an employee does not need to be paid for the 30- minute lunch break you are receiving, provided that you do not perform any work during this entire period,” Donath said. “If you do perform any duties, then you are not considered relieved from duty and would have to be paid for this time.”

“An employer cannot just say you are not entitled to overtime if the facts of your circumstances are otherwise,” Donath said. “A handbook provision stating you are not entitled to overtime may not be valid as it may be an illegal attempt to circumvent the overtime laws.”

She recommended that you, with a copy of the company handbook in hand, consult a lawyer who could advise you based on the particulars of your situation.

“Once the facts of your situation are reviewed, you can determine the next best course of action,” she said.

Donath said you could also contact the U.S. Labor Department at 516-338-1890 or 212-264- 8185. Or try the state Labor Department at 516-794-8195 or 212- 775-3880.

If you have not been properly paid, you may be entitled to back wages and damages, she said.

Is your New Year’s Resolution to make changes in your career? Are you considering resigning from your job? Do you feel that you have no alternative but to resign?