Dangerous Secrets Every Supervisor Should Know About Today’s Employment Laws

The Legal World of Work Has Changed

The world of work has changed dramatically over the past decade. So too have the laws which govern managing employees. There was a time when a supervisor’s word was law; if workers were told to do something, they’d better hop to it and get it done. Well, those days are long gone, and access to labor laws is now a level playing field for everyone. What supervisors face today are the most sophisticated and astute workers in the history of business, and today’s workers have access to employment laws and are not afraid to exercise their legal rights.

Indeed, across the board, in every discrimination category of charges filed against organizations in the Unites States in 2013, the numbers of employment lawsuits have risen sharply. From race and color, to religion, to age, all the way to discrimination against those with disabilities, there was a spike in these numbers. However, baffling is the fact that in 2014, many supervisors and managers still don’t take employee laws seriously. Here are seven good reasons why you should.

1. You May Incur Personal Liability: Many supervisors do not realize that they can be held personally liability for those acts that they commit at work which are deemed illegal. The majority of supervisors are not prepared to defend themselves in a court of law. Make sure you get clarity as to what acts carry personal liabilities for you vs. those acts your company will defend you against. There is a stark difference.

2. You May Pay for Your Own Legal Defense: Your organization has two very important responsibilities before the court. One is write policies based on current employee laws. The second is to provide employee training on those policies. Many companies are now shifting legal responsibilities and costs to supervisors who break company policies, by requiring that they retain their own legal counsel to defend them. These companies believe this is fair since they were the ones who failed to follow company protocol and violated company policy.

3. Sexual Harassment is a Financial Land Mine: This law is one that far too many of today’s supervisors and managers take for granted. Get involved with an employee at work, and your days as a supervisor may be numbered; so too are your hard-earned dollars. Just like a fool and his money, the two will soon depart. The money that it takes to defend against sexual harassment charges is astronomical, and companies are finding ways to have supervisor answer for their own acts. Juries today are sharp, and harassers are no longer able to simply tap dance their way out of liability. Savvy companies also understand that sexual harassers cause their insurance rates to go sky-high. So, they simply are not tolerating these acts today.

4. Today You Face A Very Sophisticated Workforce: That day in which employees had to rely on their human resources department to help them understand employee laws are now history. We are now dealing with the most sophisticated workforce in the history of this country. Today’s workers are smart, savvy, and aggressive employees with access to today’s technology, which can put them in touch with labor law attorneys, and government watchdogs at the touch of a button. Today’s employees don’t mind calling and reporting incidents they deem as illegal and/or discriminatory, and you can bet a lawsuit won’t be far behind.

5. Bad Documentation Habits Can Cost You Big: As a supervisor you should be begging HR for training on ways to properly document everything, when it comes to today’s employees. For example, never try to interpret an employee’s behavior. Never write in your documentation that the “employee acted crazy,” because now you put yourself in the shoes of an expert, and attorneys will ask if you have the proper credential to professionally diagnose and declare a person as crazy. Ask your HR department for proper documentation training today.

6. Discriminate and the Courts Will Dominate: Your time that is. To come into court and answer for discrimination, or for a disparate treatment complaint (lawsuit) filed by an employee will turn your life upside down, just ask any supervisor who has gone through the process. Be fair, and treat all employees in similar situations the same; regardless.

7. Doctors Notes Can Be Extremely Dangerous: This is an area you do not want to play around with. When a doctor sends over a note, it can become a legal nightmare to disregard, or ignore the doctor’s instructions to the letter. Be especially careful when dealing with pregnant employees. Always follow the doctor’s note, and if you have any questions, or suspect foul play regarding the doctor’s note (such as falsified notes), do not hesitate contacting HR pronto.


The world of work has changed drastically over the past decade. So too have the laws which govern working with employees. The time when the supervisor’s word was law are long gone, and they have been replaced with workers who have ready access to labor laws and labor law attorneys. Therefore, supervisors and managers must be proactive in asking for employee law training.

© 2014 Cubie Davis King. All Rights Reserved.

New York’s Good Samaritan Law – A Good Deed Goes Unpunished

The other day, a client was telling me a story.  While trying to describe somebody’s personality, he said this:

“She’s the type of person that will find fault in everything you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she’ll sue you for bruising her leg and soiling her clothes.”

And that reminded me of New York’s Good Samaritan law, today’s topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an accident and in need of emergency medical assistance. However, not long ago, if you attempted to render medical assistance to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn’t dare attempt a rescue.

Since the common law discouraged bystanders from attempting to render medical assistance to those in need, the legislature, recognizing this result was both unacceptable and undesirable, enacted in 2000 what is generally referred to as the Good Samaritan law.

Effect of the Law

New York’s Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others.

When it Applies

The law isn’t found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law.

Importantly, New York’s Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No Expectation of Monetary Compensation

An important theme here is that the person act both voluntarily, and without the expectation of monetary compensation. This is significant because the protection extends to dentists (Educ. on Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and physical therapists (Educ. Law §6737), provided they are not in a place having proper and necessary medical equipment, and are not rendering their professional or licensed services in the ordinary course of their practices.

Automated External Defibrillator (AED) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for emergency health care providers, or those persons or entities that purchase or make available Automated External Defibrillator (AED) devices, or Epinephrine Auto-Injector devices. In those cases, the emergency health care provider, person or entity, shall not be held liable for the use of that equipment if a person voluntarily and without expectation of monetary compensation renders first aid or emergency medical treatment, and shall also not be held liable for the use of defectively manufactured equipment.

However, the law expressly states it shall not limit claims against the emergency health care provider, person or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. Health Law §3000-a(2). See, also, Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least ordinary care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Pub. Health Law §3013.)

Does The Law Of Attraction Work? Find Out Today!

The law of attraction is a difficult idea for many people, especially those who are attached to scientific reasoning and logic. After all, it doesn’t make sense rationally and there’s no scientific evidence that it should. It just works… but how do you explain that?

It’s true that there’s no scientific evidence of the law of attraction. There are lots of people with stories about how it worked for them, but no researchers have found any scientific basis for it.

Science has proven that we and all other things in the Universe are ever-changing patterns of energy, and not fixed matter. It has also shown that all things in the Universe are related. These are the basic concepts that provide the foundation of the law of attraction, but they don’t prove that it exists.

The question skeptics ask time and time again is, ‘If the law of attraction works, why doesn’t everybody get everything they want all the time?’

This is a good question and the beginning of a wonderful debate. There are four reasons why we don’t all get what we want:

  • We don’t know how to ask
  • We don’t know what we want
  • We attract the wrong things
  • We block the good things
  • We Don’t Know How To Ask

Most people don’t realize that neediness and desperation don’t get us what we want in life. It’s not as simple as saying, ‘Hello Universe, money please.’ In fact, you need to be in the state of mind where you’re not attached to the outcome.

This is a hard concept for people to understand. After all, if you want it, you WANT it. They don’t see that there are different ways of wanting. One way clings to desire and worries over the outcome. The other is open and accepting, even if what you desire doesn’t come today or tomorrow… or even next week.

Does the law of attraction work? Yes, it does, if you have the faith to let it work. Unfortunately, it’s hard to reach a state of openness all the time. It takes patience and practice, and most of us are not willing to make the necessary effort.

We Don’t Know What We Want

Science can only grasp what is testable. How about the law of attraction? Does it work if we put it to the test?

Let’s say you decide arbitrarily that you’d like a new hat. You ask the Universe for it and then wait. The hat never comes and the experiment is a failure. The law of attraction does not exist.

According to scientific thinking, this is a sound experiment. The only problem is that this cosmic law only delivers when you have an honest, open heart. It only gives you what you want and nothing more.

Many of us have false desires. We think we want money, failing to realize that the green stuff is more often than not the cause of our misery. Maybe what we really want is security, but we don’t know ourselves well enough to see this.

While your conscious mind wants one thing, your subconscious may want another. Guess which of the two is the more powerful? In order for the law of attraction to work, we need to know ourselves and be completely honest. We must know what we really want.

We Attract The Wrong Things

Most of us use the law every day without realizing it. And it definitely works! You wake up in the morning thinking about how stressful your work is. Then you go to work, and guess what? It’s stressful!

You focus on how broke you are and curse your bad luck with money, bringing more of it to you. Wallowing in self-pity, you realize you’ll never find the perfect romantic partner. This seals the deal – you won’t!

Whether you believe in the law of attraction or not, everyone knows what a ‘self-fulfilling prophecy’ is. They don’t realize that this is a law of the Universe that one can use for good instead of bad.

When we focus on negative thoughts, bad things come. When we focus on the positive, we get only good things. It’s extremely simple and if you look at your daily life, you’ll see countless examples. This is the law of attraction at work.

We Block The Good Things

What if you truly want something and it still never comes? Does the law of attraction work then? Of course it does, but you might be sabotaging yourself again.

It’s possible to create blocks that keep you from getting what you truly want. We often do this in the area of abundance. Wanting money too much and getting too excited about it actually prevents the law of attraction from working. This over-enthusiasm expresses a deep inner belief that you won’t get it. That’s where all the nervous tension comes from – the belief that you won’t, can’t, or shouldn’t have what you desire.

Many times when the law of attraction should work, it doesn’t because you’ve got something blocking it. It takes some inner searching to find these blocks and exercise them.

At the end of the day, it doesn’t matter what anyone else believes. Belief is central to making the law of attraction work for you. Don’t let your faith in the Universe be shaken by those who answer ‘no’ to the question, ‘Does the law of attraction work?’

The Law of Attraction Vs The Law of God – Are Either Real Or Just Someone’s Imagination?

Now this is an interesting question since the part of the mind that determines your Success or Failure throughout life for the most part is the subconscious and it doesn’t know the difference between real or imagined.

One of the biggest controversies seems to be between Traditional Christians and New Agers (whatever a New Ager is). Now exactly what is the difference? I don’t think anyone can really answer that. They seem to simply have different interpretations of Gods instructions as to how things are supposed to work in this world and can’t agree on Gods Laws (or as some call it the Laws of the Universe), but neither do different denominations of Christianity and various Religions. So what is new here?

Many people believe the Law of Attraction is a fad, or is something new. It is not new. It is as old as time itself and has been discussed and written about throughout history and dates back to early teachings in the Old Testament. As a matter of fact there is as much written in the Bible about the Law of Attraction as any other writing in recorded history. What does “According to your faith…”, “As a man thinketh…”, “seek and you shall find…” mean to you? This is nothing more than the Law of Attraction, but the old name for it is simply “Reaping what we sow” or “As a man thinketh in his heart so is he”. So why do some call it New Age or some other passing fad?

We will never understand all there is to know in this lifetime, but here is what I do know:

If your Religion does not enable you to have real spiritual power to overcome and accomplish anything. It is Not Gods Religion!

Could it be that we fear what we do not totally understand? Or is it simply old habits and what we were raised to believe?

Just remember many, many, many (I think you get the point) things that people have believed throughout history have been proven totally false. Think about that; they lived their entire lives with an imagined reality; it wasn’t real at all! (But it was real to them; therefore it was their reality) For instance, some people thought they lived on a flat planet. Let’s take this to another level entirely;

People with schizophrenia believe their hallucinations are real – and that the rest of the world is bizarre. This is their reality, what if the person or thing they see is real and we just can’t see it? To them we are the crazy ones and that is their reality, whatever they see real or imagined; it is real to them and if all 5 of their senses say its real is it not real?

I use the above example, because it is reality to these people and I want you to open your mind to its potential.

Science and technology is finding and creating new realities at an ever increasing rate. Our realities and belief systems will naturally evolve and change with them.

Do you think you could find anybody living today that believes the earth is flat? I doubt it, but how many people could you find that still don’t believe a man was ever on the moon? Believe it or not there is still a large group of people that do not believe it ever happened, even though the majority does.

Now on the other hand if you ask any person under 40 I am sure they all believe a man was on the moon, even though they weren’t even alive when it happened and have no hard evidence that it did happen. Why do they believe it and some people that were here when it happened don’t believe it.

Because the mind cannot believe what it cannot conceive and many of these people lived through an era that had never even heard of TV or a record player (remember those). A car and an airplane was still relatively new technology and now you’re telling me you’re going to the moon. That is a fairy tale! On the other hand, the younger crowd doesn’t even question it; they have just accepted it as fact, because they were raised as though it was fact, in a different era that supports it as fact. It is simply an accepted belief.

How many things do you think we believe to be real or true today that we will find later wasn’t correct at all? Or do you think we now have it all figured out and have all the answers with nothing new to discover? I hope we are not still that naive.

For those of you old enough, think back 25 years and just think about this, could you have ever believed or imagined the technology we have in an automobile alone? And that is just the tip of the iceberg;

  • We now have a car that will park it-self and also tell you if it needs anything or isn’t feeling well. Would you have believed it?
  • Home phones and all wired phones are almost obsolete, would you have believed it?
  • Computers are the basis of everything we do, without them now the world as we know it would be total chaos, would you have believed that possible in 1985?
  • What it took a large building full of office equipment, with several employees to do 25 short years ago, can now be carried in your pocket. Would you have believed it?
  • You do not need an album, or a CD to play music, you can carry thousands of songs with the highest quality fidelity available on a device the size of a cigarette lighter or on your phone in your pocket. Would you have believed it?
  • Many new technologies continue to unfold, that had I not seen or experienced, I would have a hard time believing it was real or even possible

Think about this, before any of this new technology was a reality it was a thought first or it would never have existed.

Could we be living a false reality, based on our still limited belief system? Something that in 50 years, or even less, people will laugh about and say “Can you believe people used to believe that?

Example: What if; using the schizophrenic person from the above example, we find out in the future that these people weren’t crazy at all, but had a special ability to see things that we couldn’t and that we simply believed they were crazy because of something we couldn’t see. Could you believe it? Probably not now, but if something convinced you otherwise you would eventually accept it and future generations wouldn’t even question it or think twice about it. Why? It is simply because it has become accepted reality in our present world. We live in a constantly evolving and changing world. No previous generation from 50 years ago could have imagined the world we live in today. It wasn’t that long ago we only had 3 basic TV channels and the biggest and best TV was 26 inches. Who would have believed the variety and choices we have today?

What does the Law of Attraction have to do with what we believe? Everything! This is what changes and/or creates your reality. It is based on what you believe and your present belief system, and your beliefs are only based on what has been repeatedly fed into your mind by your environment, including the way you were raised or what you have repeatedly thought or done. YOUR THOUGHTS ARE YOUR WORLD AND YOU BROUGHT IT INTO EXISTENCE BASED SOLELY ON YOUR EXPERIENCES AND BELIEFS. You also have the power to change it at anytime, even though this can seem difficult if you do not understand the method for doing so. You have to also remember that your reality or beliefs may be totally different than your neighbors. Who is right? These feelings of being right are so strong they have been the basis of most (if not all) wars throughout history.

Many people are basing their present beliefs and reality on the past and not what is possible in the future. Keep in mind the past is what you have experienced up to this point in your life, you would never change if you didn’t have new experiences and without change you cannot grow.

Is your mind open to your possibilities for the future or is it closed based on the past?

People that keep an open mind are considered people with vision and purpose. They are also the people that accomplish their life’s dreams and goals and create change in the world.

The things you cannot change

The Law of Attraction is as much a reality as the Law of Gravity and the Laws of God & Nature. These laws are not going to change, regardless of your beliefs towards them. It must be this way or you and I would not have the ability to create our reality and have the choice to choose what we believe in. The great accomplishments throughout history and mans victories against impossible odds would have never happened. The miracles of prayer would not be possible. We would not be much more than plant life.

You are Gods creation; the only creation in his image and that makes you a very special and very powerful being, with very special God like powers. Again many groups have different names like the Universal Mind or Infinite Mind, but changing the name does not change anything else. You can call me whatever you want as well, but that doesn’t change who I am. God has many names but he is still God and you are a part of God, created with his essence. Therefore you possess creative Godlike powers. Why is that so hard for people to accept?

Science now understands through Quantum Physics that thought alone does create and can effect change, and not only that; but it is now considered the most powerful energy in the universe.

Let’s see if we are following this so far. “Faith” or believing in yourself is nothing more than thinking about a positive outcome so strongly you can feel it (enthusiastic, upbeat, etc) these are your predominate thoughts, and “Lack of Faith” would be predominantly negative thoughts, which you also feel (depressed, lethargic, etc). Either way these thoughts and feelings bring into your life whatever you predominately think about. God gave you the free will to choose your thoughts. In the Bible this is called “Faith” or “Lack of Faith” and today we call it the “Law of Attraction” and we attract everything into our life we think about good or bad. We have all heard “be careful what you wish for you may get it” that is because it is true.

God even gave you the Secret to making the Law of attraction work for you. It is your feelings. Your feelings are your “God given internal indicator” as to how you are thinking; if you feel good you are thinking in a positive way and bringing good things into your life. If you feel bad you are bringing the opposite. So if you feel bad change your thinking, even if you have to fake it until you feel it.

Now go back and read the last two paragraphs again, because this is the key to your Success in its most basic form.

As a matter of fact some of the new material on The Law of Attraction we have today is actually diluted and weak compared to earlier writings throughout history. The books we have today are nothing more than interpretations of earlier writings and many are very watered down versions. I actually prefer the originals, but many new books on the subject are still very good.

We would all do well to start opening our minds and asking questions, instead of thinking you, your group or religion are the only one with the correct answers to life. I assure you none of us have all the answers and asking questions empowers you and gets your creative juices flowing.

Here are some questions to start with: (I am sure you will think of many more)

  • Why would there be so many writings throughout history on the “law of attraction” if there wasn’t something to it?
  • Why do some call it New Age or Voodoo and reject it, but say they believe in that Old Time Religion when they are talking about the same dynamics at work?
  • Why would you not believe the Bible since it teaches the same principles?
  • What is Prayer, if not focused thought? And how is that different than the Law of Attraction?
  • How can you believe in the teachings of the Bible and NOT believe in the Law of Attraction?
  • There are hundreds if not thousands of Religions, which one is right? And how did you get so lucky as to just so happen to get in the right one? And, more important, what if you’re not?
  • If you don’t understand or believe in a Law, does that exempt you from its operation?
  • How do you know if something is really real or if you only imagine it to be real? Or is there a difference?
  • Is your reality the same as anyone else’s or is it just yours?
  • If your reality is only yours, what keeps you from making it anything you want?
  • How is the Law of Attraction and the Law of God different?

It is time to come to the realization that no matter what you want to call it, Religion or New Age, it is really the same thing and we all would be much better off to get on the same page.

It blows my mind to hear so many devout church people; that claim to follow the Bible, close their mind to the very teachings of the Bible. The Bible teaches the Supernatural which includes The Law of Attraction.

What is the “Law of Attraction” if it is not the manifestation of physical things through the power of thought?

What is the “Power of Prayer” if it is not the manifestation of physical things through the power of prayer? What is prayer if it is not thought?!?

What is the difference? The only difference is what you choose to call it!

One last thought. The real truth is exact truth and is the one thing that will not change and if the churches of today were teaching the real truth as Jesus taught it, they would not be so divided in so many directions as they are on practically every issue. Yet they all claim they are teaching the real truth. Thousands of denominations and religions are all claiming they have the real truth, but yet there can only be one real truth.

Who is right?

God gave you the real answer and exact truth; and it is already in you, you just have to know how to find it. Continue to Seek and You Shall Find. Just Don’t Quit!