O'Connor Law - July 2021

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July 2021

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OUR FINGER LICKIN’ FAMILY TRADITION WHY MY FAMILY CELEBRATES NATIONAL FRIED CHICKEN DAY

We are pleased to present you with the current edition of our newsletter. Let us know what you think. We love to hear from you! Email Mary Ellen at MaryEllen@ NYWorkersLaw.com

A ll three of my kids were born in July: John arrived on July 3, and our twins, Catherine and Claire, were born on July 14. As you can imagine, when they were all little, it was a big month in our house! But in 2005, my sister Cathy came up with a way to make it bigger. Cathy has always been the silly one in our family, and she’s known for coming up with crazy ideas. So it shouldn’t have surprised me when she turned to the kids one day and said, “Oh, you think July is all about you? Stand back, boys and girls — it’s time for National Fried Chicken Day!” National Fried Chicken Day is a real (although niche) holiday that takes place every year on July 6. I’m not sure how Cathy found out about it, but after that, the running joke in our family was that our kids’ birthdays had nothing on the hype of National Fried Chicken Day. We even invented a way to celebrate it. Every year, we order an army’s worth of fried chicken, maple-candied yams, cornbread, mac and cheese, and collard greens with bacon from Drumstik BBQ and eat it with family and friends. Drumstik is all the way up in Bridgeport, Connecticut, about an hour and 15 minutes from Manhattan, but the food is worth the drive. We buy it by the sheet pan and keep it hot at home with Sternos in the backyard. It didn’t take long for the whole neighborhood and all of our friends and family to find out about National Fried Chicken Day. Pre-COVID, we’d have at least 40 people show up for drumsticks every year on July 6. They popped in and out with their kids and their kids’ friends in tow. It was a night reserved for as much eating and laughing as possible. We celebrated National Fried Chicken Day

Share them with us by messaging our team on Facebook (O’Connor Law PLLC) or Instagram (@oclawny) What Wacky Holidays Do You and Your Family Celebrate? We Want to Know!

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in 2020, too, but there were only a half-dozen of us, so we ate our Drumstik meals off the fine china. As I write this, July 6 is just around the corner, and I can’t wait to bring National Fried Chicken Day back full-force now that the Centers for Disease Control and Prevention has loosened its recommendations. It will be nice to do something normal (or at least our family’s version of it). The holiday is extra sweet for me now because it reminds me of my sister, Cathy. She passed away a few years ago, but every time we get together to eat fried chicken, I know she’s there in spirit. As for the kids, I don’t think they ever minded that National Fried Chicken Day took precedence over their birthdays. John always thought the Fourth of July fireworks were shot off just for him, and the twins were born on Bastille Day, so there was plenty of celebration in the air. This year, if you’re looking for a way to pass the time, consider finding a wacky holiday and starting a new tradition of celebrating it with your family. You can also turn to Page 2 of this newsletter to check out a few more ideas for having fun in the city.

Call (914) 595-4502 for more information.

What Others Are Saying

“I can’t say enough about this law firm. I am beyond grateful and thankful to the entire staff for their loyalty, understanding, commitment, and strength. The law firm is filled with some of the most caring, competent, and determined lawyers. I would not have won this case without this awesome team by my side. I am thankful beyond measure for Mary Ellen and the entire staff at the law firm.”

Wishing you a finger lickin’ good summer,

–Mary Ellen O’Connor

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1. Splash in the waves at Jones Beach. Whether you’ve never been or just didn’t visit last year, you can’t go wrong with a trip to Jones Beach State Park! This is one of our team’s favorite spots to take the whole family for swimming and boogie boarding in the ocean. There are 6.5 miles of sand at the park, so you’ll always be able to find a patch. 2. Explore the Brooklyn Botanic Garden. Most people know all about the New York Botanical Garden in the Bronx, but in our view, its Brooklyn sister is underrated! Visit the Brooklyn Botanic Garden (BBG.org) to enjoy 52 acres of greenery, including a Children’s Garden, Tropical and Desert pavilions, and the Aquatic House and Orchid Collection. When you wander the Bluebell Wood or Cherry Esplanade, you’ll feel far away from the city. You can take the kids or enjoy the plants yourself on a relaxing afternoon. 3. Cycle or scooter around Governors Island. If you’ve never visited this 172-acre getaway in New York Harbor just off the coast of Manhattan, you’re missing out! The island hosts almost 100 Get the Most Out of Your Summer! 5 FUN, SAFE WAYS TO EXPLORE NYC WITH THE FAMILY

an employee, was working for them in the early 1900s. The company used enamel to line the inside of its refrigerators in a process that involved introducing molten enamel to water, a hardening reaction that had a high potential for disaster. And disaster struck in November 1906 when, in the course of Adams’ normal duties, the holding tank full of molten enamel exploded while he operated it at close distance — at the instruction of his foreman who was overseeing the operation. It’s a miracle that Adams wasn’t killed, although he lived in severe pain for the rest of his life. His employer attempted to dodge all responsibility, and Adams was forced into the courts to get some kind of justice. As you can imagine, the judicial system took note of the incident and, after examining everything in detail, came to some groundbreaking conclusions, at least for the day. The chief one was that Adams’ injury could not have been foreseen by an average person, because although he had experience, he lacked understanding of the materials he was working with — an understanding that his employer had not provided. Molten enamel has similar properties to lava, and an exploding tank full of the stuff is not a hazard anyone should have to deal with in the workplace. The shockwaves of Adams’ near-fatal injury have reverberated for over a century now and provide valuable precedence when it comes to the duty employers have to their employees, whether that person has experience or not, which is why even today, when we attend ongoing, yearly safety training, we benefit from the hard lessons learned in Adams v. Grand Rapids Refrigerator . different programs, exhibitions, and activities every season, ranging from historic photo walking tours to a virtual volcano observatory. Plus, it’s a beautiful spot to rent a bike or scooter and spend a day in the sun. Visit GovIsland.com to plan your afternoon. 4. Tee off at Hudson River Park’s mini golf course. You don’t have to leave the city to have a great golf game. Hudson River Park’s mini golf course is Manhattan’s only 18-holer, and it’s right on the river along Pier 25. Take the whole family and watch out for water balls! (Learn more at HudsonRiverPark.org.) 5. Take a day trip to Playland Park. A visit to Playland Park (PlaylandPark.org) is always worth the drive to Rye if you have kids at home. They’ll love the beach, arcade, mini golf course, museum, boardwalk, and wildlife sanctuary tours. Do you have more ideas? Share them with us by messaging our team on Facebook (O’Connor Law PLLC) or Instagram (@oclawny), and we’ll spread the word!

Poor Safety Meets Molten Enamel Nothing Cold About These Refrigerators

If you don’t know what enamel is, you’ve probably seen it around: It’s the colorful, protective coating that covers tiles and all kinds of fancy cookware. But how does it get on to things? For that, you need heat — enough to melt enamel into a workable, molten-hot liquid. It’s dangerous stuff to work with, which means facilities need to provide extensive training, personal protective equipment, and proper maintenance.

The Grand Rapids Refrigerator Company of Grand Rapids, Michigan, had not met its duty in any of those three areas when Harry Adams,

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TAKE A BREAK

IN-PERSON, REMOTE, OR HYBRID WORKPLACES WHAT’S THE FUTURE OF WORK?

After more than a year of working remotely, the initial excitement of being able to work in your sweats probably wore off long ago. But this stint of remote work has shown many upsides: Productivity has increased. Eliminating the daily commute has been good for the environment, and workers are spending more time with their families, pursuing hobbies, or exercising. Having a more flexible work schedule has also meant there’s a better work-life balance for many working parents. But for all the benefits, there are plenty of downsides, too. Many have struggled to set boundaries as the line between work and home has blurred, leading to overwork and burnout. Others complain about myriad distractions they face while working from home, especially those who don’t have a dedicated workspace and are also trying to help their children with virtual schooling. That’s not to mention potential tech issues, loneliness or alienation from coworkers, and increased barriers to effective collaboration. Yet, nearly half of those currently working remotely say they want to continue to do so 1–4 days per week even once it’s safe to fully return to the office. That’s led many employers to consider a hybrid model that incorporates remote and in- person work options. Publications like The New York Times and Forbes are touting a hybrid model as the way of the future. But what exactly would this look like?

THE BEST TEXAS-STYLE SMOKED BRISKET

Inspired by AllRecipes.com

Impress guests at your next barbecue with this perfectly smoked brisket. Plus, you’ll have plenty of leftovers!

• Wood chips • 1/4 cup paprika Ingredients

• 1/4 cup chili powder • 1/4 cup garlic powder • 1/4 cup onion powder • 1/4 cup salt • 1/4 cup pepper • 10 lbs brisket

A productive hybrid work model wouldn’t simply mean workers come into the office a few set days a week. The smart approach, says Forbes writer Anna Convery-Pelletier, is to have employees come into the office for collaborative tasks and stay at home to work independently on tasks that require sustained focus and deep thinking. In-person meetings are especially good for “brainstorming sessions, introducing new projects, or team-building exercises,” Convery-Pelletier says. This focus on in-person collaboration may also mean that the office will look different when you return. Some businesses are opting to redesign their physical space to accommodate this kind of collaborative in-person work and eliminate costly individual work spaces now replicated at home. Whatever the future of work holds, many workers will be happy to safely return to their workplaces and see their coworkers in person again, whether full time or just a handful of days a month.

• 1/4 cup white sugar • 1/4 cup ground cumin • 1/4 cup cayenne pepper • 1/4 cup brown sugar

Directions

1. In a bowl, soak wood chips in water overnight. 2. In a large bowl, mix paprika, white sugar, cumin, cayenne pepper, brown sugar, chili powder, garlic powder, onion powder, salt, and pepper. 3. Rub spice mixture on the brisket and refrigerate for 24 hours.

4. Preheat smoker to 230 F. Drain wood chips and place them in the smoker. 5. Smoke brisket until it has an internal temperature of 165 F. 6. Remove brisket and wrap it in aluminum foil. 7. Smoke brisket further until it reaches an internal temperature of 185 F.

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What Wacky Holidays Do You and Your Family Celebrate? We Want to Know! Share them with us by messaging our team on Facebook (O’Connor Law PLLC) or Instagram (@oclawny).

(914) 595-4502 NYWorkersLaw.com 7 Woodland Ave. Larchmont, NY 10538 INSIDE THIS ISSUE

Mary Ellen’s Finger Lickin’ Family Tradition

1

5 Fun, Safe Ways to Explore New York This Summer Poor Safety Meets Molten Enamel

2

The Best Texas-Style Smoked Brisket Is a Hybrid Model the Future of Work?

3

Jury Pools and Fair Trials

4

Are ‘Tainted’ Jury Pools a Historic Problem? How Do You Get a Fair Trial by Your Peers?

B ack in April, the largest legal case of the year wrapped up with a police officer receiving multiple convictions after his actions resulted in the death of a civilian. Heavily publicized from beginning to end, the trial highlighted the difficulties the internet era exacerbates with information, bias, and trial in the court of public opinion. Attorneys had trouble finding appropriate jurors in a pool tainted by media coverage and preconceived notions. But was this really a new dilemma or merely the newest spin on a very old tale? The American justice system is founded on the concept of offering people fair trials by their peers; this usually means the jury will consist of a reasonably diverse assortment of people representative of the community. Of course, that could mean different things,

Elizabeth Kelly of St. John’s University points out that the same men who drafted the Constitution also ran the largest newspapers at the time. Media bias has always been part of the mix. It became even more pronounced in the live-coverage TV era, as the murder trial of O.J. Simpson exemplified. Just as people had strong opinions going in, they had strong opinions coming out, and not much has changed in the 25 years since — including people’s opinions on the guilt or innocence of the party on trial. But one thing can change: the beliefs of a juror, even one who comes in with preconceived notions. It can be easy to think we know everything the jury does, but following a case in the headlines as we go about our week isn’t the same thing as being in court all day, day after day, going through the nitty-gritty details of a crime with professional, experienced attorneys. The general public just doesn’t have all the information despite what the media provides. Prejudiced or not, if jurors come in wanting to serve justice, then they can be up to the task if they are willing to focus on the facts and evidence at hand. That’s ultimately what Breheny and Kelly found back in 1995 — and despite the advent of the internet, there’s no reason to think jurors can’t do the same today.

and attorneys are given leeway in selecting jurors for that reason.

The media has often run antithetical to this principle, so we’ve never really had an American jury formed outside of media influence. After all, a 1995 examination of jury bias by sociologists Brian Breheny and

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