I am a law student at a tier 1 school in Ohio. I am trying to decide whether or not I should try out for law reiview. I really Don't want to actually be on law review but it seems so important in terms of getting hired. I am in the top half of my class, but not by much and am a very good legal writer. I would rather do Moot Court and maybe contribute to one of the other academic journals at my law school. The perfect situation for me after school would be working in a small to medium sized firm doing civil rights, employment, and/or real estate work.
SO it boils down to this, how important is Law Review on a young lawyer's resume?
Would merely being an Associate member of Law review be better than Moot Court+Editor in Chief of some other journal?
Law Review is pretty important, but if you have other journals you can join that is pretty much just as good, especially if you have a better chance of being published. Moot court is important too.
Review and/or Journal show research and writing skills.
Moot court shows advocacy skills, at least depending on which one you do.
I know plenty of people that did review and moot court.
George Kounoupis on American Law Journal: Males v. Females
[mage lang="" source="flickr"]employment law tampa[/mage] Is having a minor a bad idea?
I am a Political Science major and I am minoring in Criminology and L;aw and Justice. I was wondering if that would limit my employment possibilites after I graduate?
Another question: I am attending the University of Tampa and I dont believe its that prestigous. I plan to attend law school at George Washington or Americant so graduating from UT wouldn't matter right?
Having a minor should not limit your employment possibilities. Most people have a Major and a Minor. Some have multiple Majors or Minors. You need a certain number of credits to graduate anyways, you might as well use them to gain some expertise in a field. As far as what school you are going to, once you are through with law school, most people won't care where you did your undergrad work. However your law school of choice might care. Depending on how far into your degree you are, your options to make changes may be limited. I suggest talking to the admissions at the law schools you are interested in and asking what criteria they look at when selecting students. If you are worried UT might not have the best Poli Sci programs, go the extra mile. Take more intense classes than required, participate in school groups that relate to your major or to law, become active in political campaigns.
Employment Law Defense | Tampa Law Firm | Employment Discrimination
I am Property manager and I want to kick my exboyfriend out? How do I do that?
My apartment is given to me because of my employment. I need to break up with my controlling and possessive boyfriend. He has a history of breaking my things/car if I try to break up with him.
I dont want to give up my job and apartment but he is such a harrasser. The local law enforcement says I have to give him a 30 day notice. I wish there was some other way I could move him out immediately but keep my job. I live in Mississippi (Community Property state). Any ideas?
Have your friend call in vandalism and they know who did it. Or you call in vandalism, and oyu know who did it. Either way, it's a legal matter and he'll be thrown into the court system.
Actually, you can tell him he has 30 days and if he's not out, you're calling the cops. Or call the cops one night when he's angry and report it as abuse. Many things you can do to get him out, especially if he's that bad.
I suggest it because he's not leaving without a fight.
PS...get a restraining order when he leaves.
[mage lang="" source="flickr"]employment law final exam[/mage] Police Testing - Medical/Psychological?
I actually was offered a "conditional employment" by the Washington State Patrol, and I must take my final medical exam and psychological exam. The officer who notified me said that I would need to have blood drawn to make sure I don't have any "weird diseases or drugs in my system", anyone know what they test for, so I can be relieved to know I don't have that "weird disease"? Also, what are some general questions asked on a law enforcement psychology screening? Any help would be appreciated, thanks guys!
I think that a lot of police forces will give the MMPI which is a sophisticated personality test. Hundreds of questions (600 or so), many of which will seem irrelevant. All I can say is to be honest when taking it.
JOBS
Job seeking legal immigrants face a myriad of federal restrictions on their employment not faced by illegal aliens. They must get approval and pay thousands of dollars to remain in the country. They are prevented from taking jobs unless they have been offered to citizens first. Further, they cannot be paid less than is offered to an American citizen. The objective of this policy is to ensure that immigrants actually do take jobs that Americans do not want. This law is not implemented for illegal alliens.
Illegal immigration is unfair to American citizens and to the immigrants who go to great lengths to enter this country legally. As with other countries, the US needs to document all of its visitors.
I have now met two people on here with a positive IQ in the last two weeks. Things are really looking up.
Now if we could just a few elected officials to see this perhaps something positive might come out of Washington, DC.
[mage lang="" source="flickr"]employment law dismissal procedure[/mage] Exercise of organisation right: collective bargaining
Once a trade union has duly complied with the procedure required for organisational rights, the parties to the agreement are encouraged to regulate or exercise their organisational rights by means of collective bargaining or agreement. Is it advisable to establish a formal redundancy procedure, and if so, what should it cover?
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What Makes for a Quality Business Agreement - or a Contract?
The contract is the foundation of doing business. Does that sound too formal to you? Is a handshake agreement good enough for many? Well, even though it may not be as air tight as, say, a contractor agreement, a handshake deal is still a contract. The moment two people agree to terms when it comes to the exchange of goods and services for a price, they have entered into a legal contract. It's why knowledge of contracts and the issues involved should be important to all people in business, and why knowing the difference between a good and bad contract can protect your interests.
In fact, knowing more about contracts is like knowing more about life and history in general. Contract law is certainly not the creation of a few thoughtful individuals, nor is it part of any kind of grand design. Indeed, contract law has much of its roots in the common law foundation of American society.
That is, contract law is somewhat a textbook example of how common law developed in Britain and the United States. People engage in business transactions. Eventually, some of these become sources of disputes between various parties. Some laws already on the books may cover the dispute. Very often, they don't. So that's where a court needs to step in to cover so-called tricky cases and establish new laws. These are called precedents, which are then carried over to similar cases in the future.
It's the establishment of these precedents alongside legislated law that forms the foundation of common law in general, and contract law specifically. Although it's certainly not necessary to do extensive research in case law to gain a better understanding of things like legal contracts and the contractor agreement; contacting those specialists who do might be wise. They're called lawyers. Alternatively, just knowing that contract law isn't always written in stone should perhaps make it more imperative that good contracts can cover your interests in as many situations as possible.
It is the desire to avoid grey areas and matters of interpretation that creates the need to form contracts to protect your interests. In other words, a handshake can get you in trouble, since the specifics of such a contract can be a matter open to interpretation. What is less open to interpretation is a legal contract or contractor agreement that specifically states the obligations of all parties of a contract. The more the contract clearly outlines these obligations, the better off all parties will be, especially if there ends up being a dispute.
It's not just the simple exchange of goods and services for a fee that are subject to contractual arrangements, of course. There are numerous components of business and related activities that come under the umbrella of contracts.
If you want to outsource your activities to someone else, that's a contract. You hire people for a period of time, that's a contract. You hire people to fix something in your office, that's a contract. Almost any decision to form an arrangement with someone else, especially when money is involved, can form the basis of a contractual arrangement carrying with it all the duties and obligations of a legal contract.
Another way of putting it is this: If you're doing business with anyone to any degree, there's a contract involved there somewhere. And if it could potentially impact you and your business, you better get it down on paper. Some contracts may not need to be as formal as a contractor agreement, but the more specific a legal contract it is, the better position you can be in to protect your interests and that of your business.
Indeed, laying out as much specificity in the contract, while keeping it simple, goes a long way towards creating the good legal contract. It should lay out things like the parties obligated to the contract, the financial arrangements agreed upon, what circumstances would lead to the termination of the contract, what mechanisms can be used to resolve disputes, and what jurisdiction applies to the terms of the contract. The more that's outlined in the contract, while making it easy to understand for all parties involved, the less of a chance that a court will even be needed to sort it all out.
After all, one of the benefits of a good legal contract is that it discourages people to resort to the courts to try and settle disputes in their favor. If most applicable terms are laid out in a good contract, the temptation to try and score through a lawsuit will be mitigated. No one wants to waste time and resources disputing an air tight contract. If the terms are laid out properly, and each party knows specifically what their obligations are, then further difficulties down the road are that much more unlikely.
Perhaps nowhere is this more true than with respect to the contractor agreement. Companies are hired to do projects of all sorts for all kinds of clients. While it's great to answer the phone, learn that someone wants to contract for your services, and pay you a lot to do it, it really doesn't hurt if you already have prepared a contractor agreement that covers both your interests before getting started. It lets the client know what kind of people they're hiring, while also protecting you from somebody who plays loose with the notion of what a business contract is.
About the Author
James Cochran is the founder of ContractEdge, a provider of legal contracts and agreements designed specifically for IT professionals and contractors. Created by attorneys who specialize in Information Technology law, ContractEdge contractor agreements and legal contracts go beyond the standard provisions and include critical special provisions unique to the IT industry.
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How about an English language workplace ethic law for our country?
My experience in the workplace is I don't speak another language other than English, therefore I feel I should not have to listen to any foriegn language in any american place of employment while I'm working. Companys speak of things like, work as a team, work safe, etc. How can you do this when part of the " team" don't want you to know what their saying? I'm so sick of this sh-t, being force fed to accept this in our great nation. It's like at times you, the americans, are being closed out, by people who came here for better lives,but ignorant to our ways. A lot of times as a "team" we must discuss problems in the work place we all learn from, if you don't speak English, so everyone can understand, the whole prosess ends right there. Save your native language for breaks, or home, not in the workplace.
English in the workplace rules should be in effect when the work in being performed, however the foriegn speakers should allowed to speak in their natives language doing their breaks, lunch, etc. This is America still! The melting pot of the world.
(Steven Camarota - Part II of II) Panel: A Drought of Summer Jobs
Employment and training: e-learning
There are so many rules and regulations to navigate in today’s pub businesses that even training new staff in the basics can take up much of your valuable time. Santire Management and Employment Law Seminar
Tarlow, Breed, Hart & Rodgers is Gold Level Sponsor of the 2008 Massachusetts Family Business Awards
DATELINE: BOSTON, MA…
The law firm of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA is pleased to announce its Gold level sponsorship of the 2008 Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses.
Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. has been instrumental in the creation of the Massachusetts Family Business Awards program, now entering its second successful year. Tarlow teamed up with Ted Clark, the Executive Director of The Northeastern University Center for Family Business, to develop the program, honoring the most successfully run and managed family businesses in Massachusetts.
The firm’s tax and estate planning attorneys regularly advise business owners and their families on the complexities of estate planning and administration, taxation and corporate law. Attorney Richard Breed notes, “The Family Business Awards Program provides a unique opportunity to salute the numerous contributions of family owned businesses, which are too often overlooked. We have built lasting relationships with many family owned businesses over the years and we look forward to providing continued assistance and support to this critical segment of our local economy.”
Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.
The 2008 Massachusetts Family Business Awards event will be held on May 8, 2008 at the Royal Sonesta Hotel in Cambridge, MA. Speakers will include Jim Kaloyanides, President and COO of New England Coffee, and Phyllis Godwin, Chairman, Granite City Electric Supply. David Wade, award-winning journalist and co-anchor of WBZ-TV News’ weekday newscasts at morning and noon will serve as Host of Ceremonies for the event.
Please visit www.nuffi.org for tickets, or for more information about the Massachusetts Family Business Awards program.
Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
In addition to taxation and estate planning, the firm’s areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, real estate, bankruptcy, and municipal law. The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com
Wage and Hour Law Quick Tip: Pay Now or Pay a Lot More, Later
More cases are being litigated over employers deducting unlawfully pay from an exempt employee. Unlawfully deducting pay from employees classified as “exempt” could mean losing the “exempt” status and a finding that the employee is entitled to payment of overtime wages for all hours worked over 40 per week.
Employers must heed all wage and hour laws, lest they find themselves in expensive and time-consuming litigation. In one recent case, the Court concluded that the employer failed to pay the employees on a “salary basis,” which the law defines as payment, “on a weekly, or less frequent basis, a predetermined amount constituting all or part of his compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed.”
The Court found that the employer violated the “no-docking” rule by having a written policy stating that all employees could be suspended without pay under at least three circumstances, none of which were exceptions to the “no-docking” rule and numerous “exempt” employees had their pay docked for unlawful reasons, such as partial-day absences
Quick Tip: Pay Now or Pay a Lot More, Later. Deductions of exempt employees’ pay are permitted only for whole-day absences for personal reasons, absences due to sickness and disability if made in accordance with a “bona fide plan, policy or practice” that provides such benefits, and for suspensions due to violations of major safety rules, as long as there is a published policy. Partial-day deductions are permitted when leave under the Family and Medical Leave Act is taken.
Violations of wage and hour requirements under the FLSA and Hawai`i state law can result in awards of back pay, interest, liquidated damages, civil penalties, and for flagrant offenders, even criminal prosecution. Employers are wise to review their pay/disciplinary policies for compliance.
Fradulent Activity by Los Angeles Bankruptcy Attorneys, Lawyers and Law Firms
***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting1000Attorneys.com ***
San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.
Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.
Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.
Rule 1-400 from the California Bar Association clearly states:
(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:
(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or
2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or
(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or
(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.
(B) For purposes of this rule, a "solicitation" means any communication:
(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and
(2) Which is:
(a) delivered in person or by telephone, or
(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.
(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member's or law firm's professional duties is not prohibited.
(D) A communication or a solicitation (as defined herein) shall not:
(1) Contain any untrue statement; or
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.
(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. "presumption affecting the burden of proof" means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.
(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.
[Publisher's Note:Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]
Standards:
Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of "communication" defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:
(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the representation.
(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter."
(3) A "communication" which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.
(4) A "communication" which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.
(5) A "communication," except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word "Advertisement," "Newsletter" or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word "Advertisement," "Newsletter" or words of similar import on the outside thereof.
(6) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.
(7) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.
(8) A "communication" which states or implies that a member or law firm is "of counsel" to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.
(9) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.
(10) A "communication" which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.
(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)
(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.
(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.
(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.
(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.
(16) An unsolicited "communication" transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or "yellow pages" section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.
(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)
About the Author
To find pre-screened attorneys in the Los Angeles area call 661-310-7999.
Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents
Scott Parks is the education columnist for the Dallas Daily News. He had some interesting items on his January 2007 wish list for the Dallas schools. Some are poignant and in dire need. Some are possibilities during this new year. Others are down right wishful thinking without much chance of succeeding, regardless of the need. Here are only a few items from his wish list for 2007:
• Bilingual Education Programs. Parks would like Governor Rick Perry and the Texas legislature to standardize the teaching of bilingual and “English as a second language” students. Currently, the bilingual education programs are different from district to district. All students should learn English as soon and as quickly as possible. Otherwise, the bilingual students are held back from succeeding only because of the language barrier.
• Dallas Schools Leadership. Parks cited several wishes from the Dallas schools leadership:
o Board of Trustees & Superintendent Hinojosa. Though the Dallas schools’ board of trustees is stronger now than in the past, Parks believes that Superintendent Michael Hinojosa is the district’s best hope for getting the Dallas schools back on track. Hinojosa also has the support of business leaders and the public. Parks was encouraged that trustees Edwin Flores, Jack Lowe and their board colleagues now are focused on education, rather than politics, as in the past.
o Texas Association of School Boards. The board of trustees should reject the TASB’s recommendations. Instead, board members regularly should visit individual Dallas schools, themselves, speaking with both teachers and staff. Then, they will know firsthand what is truly happening within the Dallas schools. Parks makes an accurate point that the Dallas schools’ superintendent and Dallas schools’ board are not a team. The Dallas schools’ board is the boss, and the superintendent is “a valued employee” — and the TASB is not part of the Dallas schools district.
o Special Education Students. Parents of these children have enough to do above and beyond the typical parent. Dallas schools’ administrators need to team with these parents to help them understand what the law requires the Dallas schools to do for their special needs children. The current attitude that parents of special needs children are the enemy, who may potentially bring lawsuits against the Dallas schools district, is only hurting the children and their education. As Parks noted, “It’s the right thing to do.”
o College Preparation. Somewhere along the line, someone decided that if a child did not attend college, he/she would not succeed in life. Not all children are meant to go to college. Some do very well in careers that began in high school vocational education programs. Neither my daughter nor my son graduated from college — their choice, even though we discussed at length the benefits of a college degree. They each earn more than $60,000 a year — one is self-employed and the other works for a computer-related company that nearly rivals Microsoft®. My children proved me wrong and proved Parks correct — not all children are meant to go to college in order to succeed. So, stop focusing only on college preparation and refocus some of the energy and resources to provide solid vocational education programs.
o Textbooks. The law requires that every student receive a textbook for the course they take. Some secondary Dallas schools fear too many children will lose or damage the books, costing them some of the precious funding they receive each year for their meager budgets. Children learn better, when they can take textbooks home to study — give them out.
Additionally, lawmakers continually advocate the replacement of textbooks with laptops. Stop it! I fully agree with Parks’ assessment of the situation. He believes a course in media literacy should be required for all high school students within the Dallas schools. They need to be able to analyze the barrage of advertising aimed at them now and in the future, as well as to understand current events and the unobjective biases built into the reporting of the news by the owners of the media.
o Freebies to School Leadership. Nothing should be taken from companies wishing to sell products or services to schools, even a free lunch. This should apply to administrators, superintendent and board members. As Parks cited, “It looks bad”.
• Teachers. It is understandable that teachers are under a lot of pressure to meet prescribed standards set by federal, state and Dallas schools’ officials, not just to meet funding requirements but also performance goals to keep schools open. Because of this, the Dallas schools are losing many excellent teachers to the business world, where they are amply compensated for the headaches. Parks wish is for these great teachers to focus on the challenges and rewards that first got them interested in teaching, continue teaching because so many children need them, and stop obsessing about those things that have little to do with the reason they became teachers in the first place.
• Parents. Too many times when a child gets into trouble at school or receives an undesirable grade, some parents conclude that the teacher is at fault or picking on their child. Like you, parents, the teachers have a hard job to do in seeing that your children obtain a valuable education. It is time for parents to team with the teachers to ensure each child works hard and receives an education that will take them far in life. I remember my son always complaining that a particular teacher was picking on him. When his report card arrived, he was failing English and reminded me that the teacher did not like him. Unfortunately for my son, I had this same teacher in seventh grade English and knew the integrity of the man. His next report card had a much better grade on it. So, parents, first assume the teacher is right and then discuss with them and your child how to resolve any problems with grades or discipline.
One of Parks’ best points concerns private sector companies and volunteers. Dallas schools’ students need as much encouragement to succeed as can possibly be given them. Presentations and mentoring by these private sector volunteers will give our Dallas schools students not only encouragement but ideas for opportunities that come from those who are there.
About the Author
Patricia Hawke is a staff writer for Schools K-12, providing free, in-depth reports on all U.S. public and private K-12 schools. Patricia has a nose for research and writes stimulating news and views on school issues. For more information on dallas schools visit www.schoolsk-12.com/texas/dallas/index.html
Any names of Employment Law attorney's in or around Charlotte NC? Please help??
This is a wrongful termination issue and I desperately need an attorney. I know I have a good case but I don't have the money for a retainer. If you or someone you know of would be willing to just hear me without charging me $200, that would be great! Thanks for responding. Also, this is about an injury at work, but not for Worker's Compensation attorney. Only Employment law.
Call the local bar association in that county. They should be able to hook you up w/ someone who will take the case on a contingency basis.
Charlotte Ferguson Stein Chambers Gresham & Sumter PA
There comes a time in the life of any business, perhaps at its inception, when the owners have to take on staff to deal with demand. If your business is in Spain you will find that wage rates are still lower than in many European countries but also that the bureaucracy can be more burdensome and the risks greater because of a certain amount of inflexibility built into a system that strongly favours employee rights.
Basic information on Spain employment law
Employees must have employment contracts from their first day of employment
Pay and conditions are set by “Convenios Colectivos” in different sectors and regions e.g. hotel and catering trade workers in Granada province.
There are a variety of contract types but essentially the choice is between offering a fixed term contract or a permanent contract. Contracts can also be tiempo completo (full time being usually 40 hours) or parcial (part time). In the latter case wages are scaled down according to a weekly number of hours stated in the contract. There are some special contracts with government tax incentives to take on for example unemployed workers or women in sectors where they are underrepresented.
Redundancy pay is payable once an employee has served a year and can be up to 3 ½ year’s salary (it goes up 45 days a year served, although this can be less on the incentivised contracts).
The main problem with Spanish employment and why some employers break the law by hiring off the records is the high level of employer’s social security contributions and other non wage costs. As a rule of thumb add on 40% to the basic wage for budgeting purposes.
The employer is responsible for deducting Spanish social security contributions (approximately 6% of pay) and income tax, similar to UK PAYE, from the monthly wage or “nomina”. A full analysis of the employee’s wages and deductions for the month must be presented to them and a signed copy kept by the employer.
Other employee rights: normally 23 days a year holiday entitlement plus national and local fiestas (depends on the Convenio as employees in certain sectors expect to work holidays but are compensated elsewhere). The employee can chose to have pay spread over 14 instead of 12 times a year with additional pay days in July and December. Maternity leave is 4 months and there is other time off built in for marriage, deaths, births and moving house. Sick pay is usually paid by the social security system.
Employment pitfalls in Spain
Black economy hiring
The obvious temptation is to keep some employees off the books but falling foul of the law can lead to heavy fines and the authorities are strict because they know abuse is widespread. For example if you have an uncontracted worker helping you out during an unscheduled visit from government inspectors do not expect to be able to use an excuse even if it is a family member helping out.
Under-estimating employee rights
As we have seen the main effect of the heavy regulatory framework, the tax laws and the Covenios is to protect and promote the rights of the employee. It is the employer that pays the price for this, parhaps not in terms of basic wages which are still lower than in many European countries, but in terms of non-wage costs and employee rights to severance pay and other benefits. Possibly the biggest risk to a small business is taking on staff on the basis of a headline wage and not appreciating the additional burdens of being a Spanish employer, particularly when offering full time permanent contracts.
Timing of payments - cashflow implications
If you fail to understand and then budget for paying all associated employment costs at the right time, there is a real danger of cashflow difficulties or profits being eroded. Salaries are paid monthly in arrears and national insurance a month later. Income tax withheld from employees is payable at the end of each quarter which can be a nasty shock for the uninitiated. As has been mentioned severance pay can be substantial.
Reducing employment risk
Many businesses in Spain avoid some of the costs and burdens of employment law by going “black” and paying workers cash in hand. This is of course risky as it is fairly easily detected by government agencies particularly if the “employee” has no contract whatsoever. If an employer gives a part time contract to staff actually working full-time and then tops up the wages in cash this is harder to detect but still carries a risk.
Staying within the law you can reduce the risk of large unsustainable employee obligations by using temporary or "casual" contracts. For example a new business with an unproven sales model might be unwise to offer all staff permanent full time employment contracts. Spanish employers often start with a time-limited contract and switch to permanent when it is less risky to do so. Note however that you cannot renew a temporary contract so “rolling” short term commitments to staff are not an option. If your business is in any way seasonal then “casual” contracts can be offered for part of the year (maximum 6 months out of any 12).
With regard to high social security costs it is important to plan cashflow properly but also look at ways of reducing national insurance contributions. Ask your advisor about government incentives and subsidies. For example there are trainee contracts available for young workers which dramatically reduce the national insurance payable.
James Baker is a UK-qualified Chartered Accountant with over 20 years experience in London and Spain. He is Senior partner of Advoco, provider of Spanish law, tax, accounting & administrative services to the English-speaking community of Southern Spain.
Website: http://www.advoco.es
Dom's Law Degree Blog 3
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[mage lang="" source="flickr"]california employment law careers[/mage] Am I settling or just afraid to try for what I went to school for?
I graduated law school 3 years ago. Almost immediately b/c my family moved I was forced to find whatever job I could to make ends meet. They moved to California and I didnt want to go with them b/c they are toxic to my mental welfare. So this job is in retail and its turned into 4 years of employment. I am a supervisor and make decent money for my area. I have since gotten married to a successful partner and now have the opprotunity to pursue a legal career. But I have become used to this job and this salary. The job is by no means a good one and borders on horrible. I am not respected and lesser iidividuals have been promoted. But I can't seem to quit despite the support from my wife to do so. Has this happened to anyone out there? What did you do? The years are adding up now and I fear its now or never. I feel I am meant for more than this, but I am sure everyone feels that way about thier lives. Any advice, admonishment or ideas welcome.
JUST QUIT. I know you're used to it, but if you need to you can always go back to retail. And now you have supervisor experience so if you do go back you'll probably get a decent spot. So, take the chance. and go for it!
What Fish and Game Wardens Do
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Hey everyone,
Im having a problem and want a little expertise in the subject of employment law in the state of Virginia. My boss has been making our group work mandatory overtime since August..it is now January. It's one hour a day and we are getting paid time and a 1/2 for working this OT. We get an hour lunch. We were told the other day that this OT would be indefinite, might not ever end. We were all hired to work 8-5 since this is business hours. We were told now that we either have to work 7am-5 or 8am-6. I thought the standard full time shift was 40 hours? I've tried talking to my boss about it, because Im also a full time student. She doesnt think that one hour is alot, but that hour really makes a difference when you have other obligations outside of your job, especially when its been 1 hr per day for the last 6 mos..that really adds up!! Is this legal?
There can be a lot of variable at play, size of company, does company have shops outside the state, most likely its legal or the company wouldnt risk mandating it. The best place to check is the Employment Comission in your state.
Is it better to attend Keiser University or Everest University for the Bachelors of Paralegal Studies?
I'm looking at both of their program sheets and EU seems better to me these are the courses they are offering:
Elder Law, Employment Law, Law & Medicine, International Law, Administrative Law, Advanced Tort Law, Criminal Justice Ethics & Liability,Alternative Dispute Resolution, and Contemporary Issues & Law.
KU offers:
Business Organizations, Income Tax Law, Legal Interviewing & Investigation, Alternative Dispute Resolution, and
Constitutional Law.
Keiser is accredited by SACS and Everest is accredited by ACICS. Neither is approved by the ABA, which should I choose? Thanks.
Look through the job ads for paralegals in your region. See if employers in your region want ABA approved schools. If so, then only go to an ABA approved school. If not, then you have more flexibility.
Also check the websites for law firms in your region. See if they list their paralegals. If so, then click on them and see where they went to school. See if you notice any trends re: names of schools and/or ABA approval.
In some regions of the US, legal employers strongly prefer, or will only hire from ABA approved schools. But in other regions, a non-approved school can be okay.
Make sure that any school you consider for a bachelors degree is regionally accredited. This is important, as some employers won't hire you if the school isn't regionally accredited. I'm also a bit wary of for-profit schools. Some employers won't hire from for-profit schools. Just be aware of that.
Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful
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What is Commercial Law?
Commercial Law is the name given to any legal issues around the area of business and commerce. Commercial Law is made up of many different areas.
CONTRACTS
Contracts are legally binding agreements, usually in the form of a document. Contrary to popular belief though, verbal agreements are also legally binding. Contract can be agreements with clients or customers, such as what work will be done, how and when. In a retailer, when an item is sold to a customer that automatically becomes a contract of sorts. The customer has certain rights, such as the right to a refund if the item is faulty.
Another area where contract are important, are employment contracts. Employment contracts dictate an employees’ salary, working hours, holiday entitlement and working conditions. The employer then has to abide by these agreements.
TAX
It is important that businesses pay the right amount of tax, or they will be held legally accountable. Solicitors can advice business on the areas where tax can be saved, and which tax breaks they are entitled to. For example charities are often entitled to certain tax reliefs.
EMPLOYMENT LAW
Employment Law regulates the legal rights of workers. Businesses have to make sure employees are paid correctly. This is even more important since the advent of the minimum wage in 2000. Employment Law also protects against discrimination; businesses are not allowed to discriminate in any situation, including during the recruitment stage. This area of commercial law also dictates the legal holiday entitlement and the maximum working hours allowed.
MERGERS & TAKEOVERS
There are a number of legal issues to consider when a business takeover or a merger between two or more businesses takes place. Commercial Solicitors London are required to make sure everything is as the law dictates. Contracts must be sorted out to state the conditions of the takeover. This can include how the role of employees may change, any agreement as to the direction the company will take, and of course the financial agreements. Agreements as to when payments should be made, and whether it is in instalments or a lump sum are covered here. The company which is being taken over may demand certain conditions of the sale.
HEALTH & SAFETY
This is an area that has become increasingly important in recent years. This area of law covers the health and safety of employees and customers. Areas of operation must have potential dangers clearly marked and steps must be taken to prevent accidents where possible. Companies can be help responsible if accidents occur.
FINANCE
Finally, finance is an area that is relevant across business. Relationships between businesses and banks can be crucial to the financing of businesses so it is an important consideration. Finance overlaps with many other areas of commercial law, such as employment, tax and contracts.
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Covering All the Angles
Risk Management Advisors is a consulting firm dedicated to the design, implementation and management of captives. From its Los Angeles, California office, R Wesley Sierk, president and lead strategist for Risk Management Advisors explains why companies require a captive consultant: “Most people don’t truly understand how a captive functions in the market and they usually don’t have the expertise to craft a captive on their own. To create an effective captive, they need to figure out what kind of risk should or should not be taken by the captive.”
Total understanding when asked what sets Risk Management Advisors apart from other managers, Wesley states: “Many of our clients may have talked to other captive managers or providers and the feedback we receive is that many either understand the risk management side, or the tax side. Very few organisations have a complete knowledge of both “As a captive manager, once a client gives us the green light, we create the insurance company for them and manage the entire process from the risk management to the taxation, as well as all the regulatory aspects.” As the promotion of captives remains an integral part of the industry, Risk
Management Advisors ensures it is in a position to market the benefits effectively to new clients. Sierk says: “Our business has been built on referrals. Once we have organised an excellent captive programme for a client, they often tell other colleagues within their industry.” Sierk is also active politically. He is an adviser to the US Congress on tax issues which affect small businesses. This, he says, aids his expertise and knowledge.
A healthy interest The thriving US economy, tough insurance market and recent losses by large carriers have caused the captive industry to experience large growth. Sierk says: “Captive growth has been robust and there has been a lot of change. The majority of our clients have been developers and contractors in the past few years, but most of the interest currently has been from the healthcare market, specifically, nursing homes and surgical centers. Many manufacturers and service businesses are also taking a closer look at captives.” The focus of Risk Management Advisors has traditionally been with middle market companies. “This area has been expanding rapidly. We haven’t traditionally done any work with publicly traded companies,” continues Sierk “Middle market companies have been under-served from the traditional insurance market for years. Some carriers have looked at them as a cash cow and designed programs that lacked creativity and thoroughness. We find many of the middle market captives are overpaying for their premium and do not really understand all the policies they are buying. “Through the idea of Risk Management, we consult with the clients and help them understand their traditional insurance, identify holes in coverage and identify certain aspects that would . …….Cont.
R. Wesley Sierk, III is the President and Lead Strategist for Risk Management Advisors, Inc. He is an expert in executive compensation, corporate benefit planning, alternative risk transfer, and captive insurance formation and management. Sierk has more than 14 years experience helping highly profitable, closely-held businesses limit their risk exposure and taxes through qualified plan structures, onshore and off-shore entities, and trust arrangements. He works primarily with homebuilders, manufacturing companies, real estate developers, and sports and entertainment professionals.
Is it really that hard for law school graduates to find work?
Someone recently told me that if I don't go to a top tier law school, it will be nearly impossible for me to find a good job. I find that hard to believe simply because most law schools boast a 93%+ employment rate for their graduates and there always seems to be a demand for legal-based jobs in America. Can someone please put my nerves to rest and explain to me if this is true and, if so, is law school really worth it?
the issue for many law grads is not finding work it is the pay.
93% placement means NOTHING, what is important is where and with whom the placement is.
school is expensive and the average attorney does not make that much in relation to all the other graduate professions.
this makes paying for school hard to justify for many.
Median salaries of lawyers 9 months after graduation, 2005 Type of work:
All graduates
$60,000
Private practice
$85,000
Business
$60,000
Government
$46,158
Academic/judicial clerk ships
$45,000
In May 2006, the median annual earnings of ALL(experienced and inexperienced) wage-and-salaried lawyers were $102,470. The middle half of the occupation earned between $69,910 and $145,600. Median annual earnings in the industries employing the largest numbers of lawyers in May 2006 were:
Management of companies and enterprises $128,610
Federal Government $119,240
Legal services $108,100
Local government $78,810
State government 75,840
Salaries of experienced attorneys vary widely according to the type, size, and location of their employer. Lawyers who own their own practices usually earn less than those who are partners in law firms. Lawyers starting their own practice may need to work part time in other occupations to supplement their income until their practice is well established.
the prospects for growth in the field is for growth to be a little slower then job growth as a whole and the competition for jobs is expected to be extremely keen.
EDIT:
Shane has given you some excellent examples...............
so think about what you have heard, read and what you really want to get out of school then proceed on.
BEWARE BOGUS, INFLATED LAW SCHOOL SALARY/JOB STATS GIVEN OUT BY LAW SCHOOLS
• Education roundup
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Most Common California Overtime Law Violations – Find Out Now!
Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: "exempt" and "non-exempt". Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.
In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.
California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.
Other common violations that might require the assistance of California labor law attorneys or the California Department of Labor would be if the employee’s time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee’s wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.
Lastly, the employee’s rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee’s rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.
California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn’t cost you anything to claim what is rightfully yours.
Being an employer is a daunting task. Hundreds of employment regulations, insurance guidelines, Senate bills and Federal Acts (such as FMLA, FLSA, HIPAA, TEFRA and FEHA, to name a few) distract business owners from focusing on their core operations and profitability. In particular, California employers need to be aware that California Labor Law differs from federal law in significant ways that can make life even more difficult, if not downright treacherous, for businesses with limited human resources expertise.
Although the Fair Labor Standards Act sets a minimum standard of protection for employees working in the USA, individual states are permitted to extend the Act to provide a higher degree of protection to employees in that state. California has taken full advantage of that facility, and there are many aspects of this act that California has applied more liberally than practically any other state.
Take overtime law for example. California law requires an employer to pay an employee overtime after 8 hours work in one day at 1.5 times the normal rate, and after 12 hours work in any one day at twice the standard rate. However, this does not apply to 'exempt' employees, such as those involved in managerial or intellectual work. Federal law only requires time and a half to be paid for any time worked over 40 hours in a week.
The California Fair Employment and Housing Act (FEHA) differs profoundly from the federal law, particularly in employment discrimination law where it is much wider reaching and more rigorous than federal law. A case in point occurred recently, where an employee of a prestigious California hotel filed a discrimination lawsuit against his employer on the basis of sex, and also for retaliation, in violation of the FEHA.
The act forbids discrimination against an employee on the basis of sex, race, color, age, religion and other grounds, and illegalizes retaliation by the employer against an employee carrying out a 'protected' activity such as filing a charge of discrimination. There are a number of defined protected activities, and this act is likely beyond the capability of the average human resources department of most companies to handle. This is the sort of case best passed on to a human resources (HR) consulting firm.
The case, Jones v. The Lodge at Torrey Pines Partnership, had originally been heard in front of a jury, and debated whether or not an individual could be held personally responsible for proceedings relating to retaliation against an employee. The jury decided for the plaintiff and awarded compensation against the Lodge and the supervisor accused of the retaliation. However, their verdict was overruled by the judge who stated that there was insufficient evidence to prove the case against the supervisor that an adverse reaction had been carried out for reasons of discrimination or retaliation for the sexual orientation of the plaintiff.
The judge stated that individuals (the supervisor) cannot be held liable for retaliation in the same way that they can be for harassment. The case went to the Court of Appeal, which disagreed with the judge, and stated that individuals can be held responsible for retaliation. The case ultimately reached the California Supreme Court which disagreed, stating that the individual cannot be held responsible..
What chance does company human resource personnel have in correctly interpreting law if even the law courts disagree? It is next to impossible for a company in California to apply company policy when the law itself is so difficult to interpret that judges, Courts of Appeal, and the Supreme Court disagree. The labor laws of California are too difficult to understand for a company to rely on non-specialized personnel to manage their labor relations policies. The consequences of getting it wrong could be catastrophic. Many employers are feeling frustrated with this lack of clarity and constant risk of violating the law, and are turning to experts in the Human Resources Outsourcing industry for help.
While many businesses employ highly educated staff, most do not have the experience to understand the finer points of law. It is not just the understanding that matters here, it is knowing the right course of action to take in such circumstances. Perhaps things could have been done differently in the Jones v. The Lodge case to prevent it from reaching court, or perhaps the supervisor could have been better trained by the company.
Whatever the answer, you are more likely to come to the right solution with the help of professionals who manage these complex issues on a daily basis. California labor law is sufficiently complex for your company to turn to the professionalism and expertise of a Human Resources Outsourcing firm to keep you out of trouble. HR outsourcing is not as expensive as you might believe, especially when you consider the alternative.
Suggested resource:
California labor law is very complex, and ignorance can cost you plenty. If you are considering Human Resources Outsourcing as part of your HR satrategy, and want to reduce your California employment risks, check out http://www.cpehr.com for a free HR analysis. It costs nothing to investigate.
About the Author
Ari Rosenstein is the Director of Marketing at CPEhr, a Human Resources Outsourcing and Professional Employer Organization company. With 15,000 serviced employees and hundreds of clients in 26 states, CPEhr is one of the largest, independently owned PEOs in the nation. CPEhr provides an array of HR services including labor law compliance, employment administration, employee health insurance, safety consulting, payroll and tax services. Learn more about HR Outsourcing and Professional Employer Organizations at http://www.cpehr.com.
McClure McClure Davis & Henn - Greenwood, IN
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[mage lang="" source="flickr"]employment law scholarships[/mage] Which should I choose? 3rd-tier Law schl with 20,000/yr scholarship, or Top-60 Law Schl with no scholarship?
I have been admitted to a fairly new Law School which does not rank even among the top 100 in the country, but they have offered me a scholarship of 20,000 every year for the 3-yr period. I have also been offered admission ot a school that is among the top 60 law schools, but with no scholarshoip. Should I go to the more recognized school and hope to pay off my loans by getting a good job wherever I can? or should I go to the less recognized school and give up the opportunty to be able to get employment anywhere I want in the USA?
Please help.
Agreed, the name of a law school really matters. The $20,000 per year may help you now, but it may be very hard to find a job, coming out of a law school that is relatively unknown among employers.
But before making the decision, there is something else you have to consider: are both schools located where you eventually want to practice law? Both schools will be regional schools, and it is hard to find a job in another region straight out of law school. If the third-tier school is located in a city where you want to work after graduation, while the T60 school is not, that would be a reason to consider the third-tier school.
The United States Constitutional Requirements Of Due Process Applied To The Public Employment Relationship Of School Personnel In Texas
The United States Constitutional Requirements of Due Process Applied to the Public Employment Relationship of School Personnel in Texas
Barbara A. Thompson, M.S.
PhD Student in Educational Leadership
College of Education
Prairie View A&M University
Administrative Assistant
College of Engineering Graduate Affairs and Research
William Allan Kritsonis, Ph.D.
Professor and Faculty Mentor
PhD Program in Educational Leadership
Prairie View A&M University
Member of the Texas A&M University System
Visiting Lecturer (2005)
Oxford Round Table
University of Oxford, Oxford England
Distinguished Alumnus (2004)
Central Washington University
College of Education and Professional
ABSTRACT
Most of the legal disputes arise out of the employment of public school personnel. Laws that affect the employment relationship, the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process, and the legal issues that arise in these contexts are examined.
Introduction
The United States (U.S.) Constitution applies to the public employment relationship (Walsh, Kemerer & Maniotis, 2005). This fact distinguishes public employment from private employment. The due process of the Fourteenth Amendment is not invoked in the private sector and it is not a guarantee against incorrect or poor advisement. According to the U.S. Constitutional requirement of the due process clause, states must afford certain procedures before depriving individuals of certain interests. Laws and legal proceedings must be fair. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process. (The Lectric Law Library's Lexicon on Due Process, n.d.). The focus is on deprivation of liberty or property. Certain procedures are considered due process and certain interests are life, liberty, or property. The Supreme Court requires individuals to show that the interest in question is either their life, their liberty, or their property. If the interests are not in either of these categories, life, liberty or property, no matter how important it is, it doesn't qualify for constitutional protection. The U.S. Constitution only restricts governmental action.
Rights can be regulated or taken away altogether if due process of law is provided (Walsh, Kemerer & Maniotis, 2005). The due process clause serves to the use of fair procedures, more accurate results that would prevent the wrongful deprivation of interests. Due process provides individuals the opportunity to be heard from their point of view. This allows the individual to feel that the government has treated them fairly. The due process clause is essentially a guarantee of basic fairness by giving proper notice, providing an opportunity to be heard at a meaningful time in a meaningful way or a decision supported by substantial evidence. The more important the individual right in question is, the more process that must be afforded (Exploring Constitutional Conflicts, 2009).
The Purpose of the Article
The purpose of this article is to focus on the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process and the legal issues that arise in these areas.
The Constitutional Concept of Due Process
In any personnel decision, the question is whether the employee was deprived of any property or liberty with the constitutional guarantee of due process of law. The 1972 U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected under the 14th amendment property right of continued employment if the state law gives them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005). Before any process is due, there must be state action and a significant, more sudden and dramatic deprivation of life, liberty or property. For example,
The federal court is not the appropriate forum in which to review the multitude of
personnel decisions that are made daily by public agencies. We must accept the harsh fact that numerous individual mistakes are inevitable in the day to day administration of our affairs. The United States Constitution cannot feasibly be construed to require federal judicial review for every such error. In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee's constitutionally protected rights we presume that official action was regular and, if erroneous, can best be corrected in other ways. The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions. (Russell v. El Paso I.S.D., 1976, p. 565.)
When the government deprives an individual of life, liberty or property, the due process clause is invoked. A property right protected by the Fourteenth Amendment may not be taken away without providing a person with due process (Walsh, Kemerer & Maniotis, 2005). Governmental action is restricted by the U.S. Constitution. In the private section, the due process clause is not invoked. Due process is not an absolute. It varies according to the deprivation of property.
When a person accepts a position with a school district on an at-will basis, he or she has no property right in the job (Walsh, Kemerer & Maniotis, 2005). There is an at-will employee contract that incorporates an at-will relationship. If the at-will employee points to the employee's policies and procedures manual as reasons not to be fired, no process is due. The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause (Walsh, Kemerer & Maniotis, 2005). There is no property right in the job, therefore no process is due. If the employee's contract is not renewed and the contract has run its full course, there is no process due. If the contract is not renewed and there is another year on the contract, then due process is invoked. The employee who has a contract is entitled to due process.
Due process for a terminated employee includes giving timely notice of why the termination is occurring, a fair hearing so that the employee can defend himself, names and the nature of the testimony of witnesses against the employee must be available, and sufficient evidence to establish a good cause for dismissal must be presented (Walsh, Kemerer & Maniotis, 2005). The employee can be on the job for thirty years or the employee can be a one year probationary teacher. If the contract was terminated before the stated expiration date, the property right of the individual is in question and due process is invoked. Texas employees are allowed an independent hearing. Any decision to terminate a contract comes back to the school Board before it is final. The employee must produce clear evidence if they charge the Board with partiality.
The liberty right of the individual addressed in the Fourteenth Amendment suggests that the parent has a right to select a non-public school, the right to privacy and the right to a good reputation. In the 1972 Supreme Court case Wisconsin v. Constantineau (p.437), the employee stated the government put his name, honor and reputation at state, therefore a notice and an opportunity to be heard was essential. Stigmatizing statements create a right to a name clearing hearing only if they arise in conjunction with termination or non-renewal of employment as in the Siegert v. Gilley, 1991 court case. If the employee publicized the defamatory remarks, due process is not invoked. There is no right to a name clearing hearing. In Burris v. Willis I.S.D., 1983, a teacher claimed that when a board official read a letter about him at an open board meeting and in so doing, it violated his constitutional rights by depriving him of a liberty right to a good reputation. The teacher's claim was rejected because the file was kept confidential.
Employment Arrangements, Contracts and Legal Recourse
There are six types of employees within the public school (Walsh, Kemerer & Maniotis, 2005). They are at-will employees, non-chapter 21 contract employees, probationary contract employees, term contract employees, continuing contract employees and third-party independent contract employees. Legal issues arise within each area when the relationship is ended.
At Will Contracts
The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause. This employee can be terminated for good reasons, bad reasons, or ‘no reason at all'. ‘No reason at all' refers to a reason based on a bad reason that violates state or federal law. If the decision is a wrongful discharge and the employer violated state or federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005). The at-will relationship is the norm in the private sector. For example, an employee in at at-will relationship in the private sector can be described as an employee working for 30 years and quit his or her job tomorrow. Also, an employee can go into work the next day and be fired (Walsh, Kemerer & Maniotis, 2005). The terminated at-will employee can file suit alleging his discharge was due to retaliation for his exercise of his constitutional rights when he or she blew the whistle on wrongdoing. The terminated employee can also file discrimination based on race, sex, religion, age, national origin, or disability if it can be proven.
Chapter 21 and Non Chapter 21 Contracts
Teachers certified under chapter 21 of the Education code must have a contract. Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which means a probationary, term or continuing contract. Section 21:201 describes a teacher under term contract law as a supervisor, classroom teacher, counselor or other full-time professional who must be certified under Subchapter B or a nurse. Non-chapter 21 employees do not need a contract and do not require certification. They are not subject to an independent hearing system or statutory non-renewal process. Positions such as business manager, director of transportation, director of construction and facilities or director of maintenance do not require certification. If there is a written employment contract, and the employee alleges the district violated the contract and meant him monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.
Probationary Contracts
Probationary contracts are for those teachers who have never taught before or who have not been employed for two consecutive years subsequent to August 28, 1967. (TEC § 21.102. The probationary period can be as long as 3 years except for experienced educators with previous employment in public school for 5 of the 8 preceding years. The probationary teacher will serve under a 3 consecutive one-year probationary contracts. Probationary periods can be for a semester when the school year falls in the middle of the year. A probationary teacher can resign without penalty up to forty-five days before the first day of instruction. If school starts in mid-August, the teacher must resign before July 1 or suffer sanctions imposed by the State Board of Educator Certification. A probationary contract can be non-renewed by the board even if the superintendent recommended that it be renewed (Berry v. Kemp I.S.D.).
Term Contracts
After the probationary period, the teacher must receive either a continuing or a term contract (Walsh, Kemerer & Maniotis, 2005). The length of the contract and the process for renewal, nonrenewal, or termination determines which contract to offer. A classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who holds a certification or a nurse may be offered a term contract. A term contract has a beginning date and an end date and is any probationary Chapter 21 contract for a fixed term that can be as long as 5 school years. As the end date approaches, some action must be taken. The resignation date for a term employee is 45 days prior to the first day of instruction which is the same for probationary employees (Walsh, Kemerer & Maniotis, 2005). A term teacher contract can be renewed by the school, non-renewed or terminated. Termination refers to the action of the district to end the contract prior to its normal expiration date. The teacher is deprived of property interest and good cause, thus due process is required.
A non-renewal of contract refers to the school district letting the contract expire. The employee is permitted to fulfill the terms of the contract and no new contract is offered. If there is a multi-year contract, the district extends the contract each year or if the contract is not extended in the 2nd year, it is still valid for that year. The contract is non-renewed. A term contract teacher is entitled to a hearing prior to nonrenewal. Once the teacher receives notice, a hearing can be scheduled within 15 days with the board or an independent hearing system that is closed to the public, unless the teacher requests an open hearing. A term contract teacher can be suspended, but not beyond the school year, without pay for good cause as determined by the school board. The teacher is entitled to request an independent hearing or the district can suspend the teacher with pay and non-renew the contract at the end of its term. The district must give notice of a proposed non-renewal to the teacher 45 calendar days before the last day of instruction. If the 45 days are not adhered to, the contract is automatically renewed. Complaints of procedural irregularities in the appraisal process cannot be resurrected at the contract non-renewal process (Walsh, Kemerer & Maniotis, 2005).
When the superintendent contract is up for non-renewal, reasonable notice of the reason for the proposed non-renewal must be given before the 30th day of the last day of the contract term. In contrast, the teacher term contract does not require reasonable notice of the reason for the proposed non-renewal.
Continuing Contracts
A continuing contract is issued to a classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who was eligible for a continuing contract. The contract rolls over form one year to the next year without the necessity of board action. Non-renewal does not apply to continuing contracts. A former administrator, who moves into a teaching position and teaches children, can be issued a continuing contract. There is no specific length of time for continuing contract. The contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status. The continuing contract teacher can be terminated according to the independent hearing system, at any time for good cause (failure to meet the standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state) as determined by the board of trustees (TEC §21.156). Instead of discharge, a school can suspend a continuing teacher contract with notice, entitlement to an independent hearing, and without pay for a period of time not to exceed the current school year. The continuing teacher contract can return to a probationary status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).
Third-Party Independent Contracts
Full vested educators in the Texas Teacher Retirement system (TRS) could retire, begin drawing benefits, and them go to work at a salary equivalent to or better than what they had been making. School Boards could begin hiring teachers and not be burdened with having to treat them as employees. The teachers would keep their benefits under TRS (Att'y Gen. Op. GA-0018, 2003). If a school principal was dissatisfied with a teacher, he would call and ask for a different teacher. The school district did not employ the teacher and there was no contract and no legal requirements to end the relationship.
The Hiring and Firing Process
In 1992, the legislature created State Board for Educator Certification (SBEC), a 14 member board, as the key entity to oversee and regulate all aspects of the certification, continuing education, and standards of conduct of public school educators. SBEC has power to adopt rules for out of state educators, certification, requirements for renewal of certificates, and disciplinary procedures for suspension and revoking a certificate as well as approval and continuing accountability of such programs (Walsh, Kemerer & Maniotis, 2005). The board must annually review the accreditation status of each educator preparation program. An advisory committee has to be appointed by SBEC for each class of educator certificates. These rules must be submitted and reviewed by the State Board of Education and can be rejected by SBOE by a 2/3 vote. A public school district can hire certified and licensed employees. Certified employees are teachers, teacher interns, teacher trainees, librarians, educational aids, administrators, and counselors. Licensed employees are audiologists, occupational therapists, physical therapists, physicians, nurses, school psychologists, associate school psychologists, social workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).
Texas public school districts are governed by the same laws that prohibit discrimination laws based on race, sex, religion, age, national origin, sexual harassment, and disabilities. Nondiscrimination laws apply to all employees regardless of the contract and have implications for the hiring process. Those involved in the hiring process need specific training (Walsh, Kemerer & Maniotis, 2005).
School districts are not required to advertise or post vacancies in their school. Advertising is a choice the school makes so that they can defend themselves against discrimination. The school board adopts policies regarding the employment and duties of personnel. The superintendent has sole authority to make recommendations to the board regarding the selection of all personnel and must be in the loop in hiring people. The principal does not hire staff, but must approve each teacher, reassignment, or staff appointment to the principal's campus except for necessary teacher transfers due to enrollment shifts (11.202; Att'y Gen. Op. DM-27, 1991). In this regard, the superintendent has final placement authority for a teacher. SBEC must obtain criminal history on all certified educators. Background checks are not required by each school district except on contracted bus drivers of transportation services. If the bus driver has been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may drive the bus only with the school's permission. If an applicant lies on an application about the felony or misdemeanor involving moral turpitude, the applicant must be terminated (TEC 22.085). "Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals" (Moral turpitude, 2009). If an applicant has a clean record when hired, and is convicted of an offense while working for the district, a report must be made within seven calendar days by the superintendent or chief executive (19 TAC 249.14)
Concluding Remarks
In conclusion, school districts employ many people and must comply with many federal and state mandates. The relationship between employees in the public schools is determined by constitutional restrictions and statutory provisions in the Education Code and other legislation. Regardless of the type of contract used by a school district, contract with teachers must be in writing. Verbal commitments from school administrators may not be legally binding. Terms of the contract must be approved by the school board. According to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should move from the central office to each campus. The director of personnel for the district should be an expert and have full of the United States constitutional requirements of due process applied to the public employment relationship of school personnel in Texas.
Russell v El Pas I.S.D., 539 F.2d 563 (5th Cir. 1976): 128
Siegert v Gilley, 500 U.S. 226 (1991): 131
TEC 21:201
TEC 7.107
TEC 21.102
TEC 11.202
TEC 22.085
The Letric Law (2009). Moral turpitude. Retrieved November 18, 2009 from
http://www.lectlaw.com/def/d080.htm
Walsh, J, Kemerer, F., & Maniotis, L. (2008). The educator's guide to Texas school law.
6th ed. University of Texas Press: Austin, Texas.
Wisconsin v Constantineau, 400 U.S. 433 (1971): 130, 327
About the Author
Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of "America's Best Colleges."
Albany Law School, Law School Albany NY - Launch Your Law Career
It is very essential to post labor law posters in your company in order to let your company run smooth and under the laws as designed by the government. If your company is running in Ohio, it is essential to post the Ohio Labor law postersin your company so as to be in proper compliance with the State and Federal Laws as mentioned by the government in Ohio. These labor law posters inform the employees about the rights that will be provided to them by the workplace. Along with this your company will also be complying besides the rules and regulations which are prescribed as mandatory by the Ohio state and Federal Law.
It is the duty of every employer to inform and assist every employee regarding the benefits that he can gain and the laws that are set by the state labor law. Many a times it happens that due to miscommunication and either due to lack of knowledge or due to any gap in communication, disputes arise between the employers and the employee. Thus posting a labor law poster will prevent any kind of dispute among the owners and the workers. They need to work together for the benefit of the company and Ohio Labor law postershelp them to stay together and united to help the company rise altogether.
These labor law posters are a single zest for stating the various safety codes, labor laws and other regulations that are made mandatory to be followed by the employers and are set and designed by the government. Ohio Labor law posters designate different positions to the employers and the employees and informs both of them about at their rights and as well as duties. These labor law posters are available in various forms. They can be either produced commercially or can be created by bought by the company. These labor law posters and safety postersare also available in foreign language for the help of workers who are not the natives of the country they are working in. Labor law posters can also be made from recycled paper.
About the Author
IDSTC provides MLM Software , Network marketing software for MLM, direct sales industry. Get business solutions with Multi Level Marketing Software, Direct Sales Software, party plan software .
Earning An Associate Degree Online In Law Opens Up A World Of Opportunities
Are you interested in working in law enforcement, a law office, or even getting into the private security field? If you are, you may want to start by getting an associate degree online in one of the many legal specialty fields. Many individuals are astonished at just how many different kinds of associate degrees you can earn in law and related fields.
One reason for this is that the United States has more people incarcerated than just about any other country on the planet. What that translates to is a wealth of opportunities in fields like criminal justice, where you could get a job in administration, corrections, cybercrime, law enforcement, private security, or even an associate's degree in probation and parole. Jobs like these are stepping-stones to getting an important job with a firm specializing in criminal defense, perhaps a job with the FBI or even the Justice Department. All you need to do to secure a good job with excellent pay and benefits is to take that first step: earning a degree in the appropriate field. Many people take that first step online, completing their studies through an online college or university.
The great advantage to earning your associate degree online is that you can do it at your convenience, at your own pace, and working from your own home, the public library, or anywhere that you can get access to the Internet. If you have a laptop with a wireless card, you can get started at your neighborhood coffee shop or at the local shopping mall, if it has Wi-Fi access. You don't have to be stuck at home if you don't want to be. With the growing prevalence of Wi-Fi access all across the country, you can access the Internet from almost anywhere. Many students would rather work from home, but at least there is the option to studying at a coffee shop or some other restaurant with Wi-Fi, having access to better coffee and not having to clean up after yourself when you leave are perks in their own right. But really, the main point is that it's never been easier to attend college, whether you intend to go into a legally related field or enter some other profession.
However, with unemployment up, and many businesses cutting back on hiring, some type of legal job is one of the best opportunities currently available. Some fields may be shrinking, but metropolitan police forces, sheriff's offices and other branches of law enforcement seem like they're always hiring. Right now private security is a growth industry. Once you're established in private security, there's almost no limit to what you can do. Working in private security can make it much easier to get a job with a police force, or you can continue to work in private security, rising through the ranks until you can establish yourself in a management or executive position. And it all starts with earning your associate degree online. Even if you have a full-time job, a family at home and other responsibilities, anyone with ambition to achieve this goal can do so and receive their diploma.
If the idea of working in the exciting, challenging world of law and law enforcement sounds like what you want to ensure your future employment, then start researching online schools now, checking out the colleges and universities where you can earn an associate degree online. There are so many legally related jobs out there that once you begin exploring these opportunities, you'll probably have a hard time making your choice.
About the Author
AssociateDegreeOnline.com offers the most informative and up to date information for people searching for an associate degree online.
I am a ex felon looking for employment, please help me find work.?
I was arrested for drug charges in 1998, i served 18 months in prison, completed a drug program in prison, got out completed a drug rehabilitating program in the community where i live went on to a sober living environment, and now reside with my fiance, attending college to become a Drug and Alcohol Counselor, and have been clean and sober for alittle over 7 and a half years. I really need help to find employment because as i was incarcerated i failed to provide child support for my children and now that i am an ex felon it has been impossible to find work with my record, i have been told by the courts in my county that i will be placed in jail for failure to comply with child support order, which will defeat my purpose as a law obiding citizen with the entent to gain emploment by completing college with a degree specializing in Drug and Alcohol Counseling. Please help me anyone who have information that will keep me from having to return back to jail.
Say Casandra,
Welcome back to the world!
Check out the EDD (Employment Development Department) There should be financial incentives for employer willing to hire ex-felons.There should be monies available for you to go to school pay for books etc. through the Department of Rehab.
OK.This one may sound weird but check it out.
There is a website called"HotGhettoMess.com"
There is an ad about another website that explains how to create a resume,how to present yourself at an interview and other hints.
I haven't been to prison but it has nothing to do with not deserving to go.I have many good friends who have gone and I watch them go through the changes of trying to put their past behind them and having people through it in their face.Please,please,please,don't let the people with small minds stop you because you will run into those with big hearts and the ones with big hearts are worth having to go through all those small minded people.
The best to you.May the Higher Power protect you guide you and give you strength.
Sincerely.
Employment Law - A Course from Fremont College's Paralegal Studies Program
Did FDR's policy really prolong the Great Depression by 7 years, as leading UCLA economists now believe?
In an article in the August issue of the Journal of Political Economy, Ohanian and Cole blame specific anti-competition and pro-labor measures that Roosevelt promoted and signed into law June 16, 1933.
"President Roosevelt believed that excessive competition was responsible for the Depression by reducing prices and wages, and by extension reducing employment and demand for goods and services," said Cole, also a UCLA professor of economics. "So he came up with a recovery package that would be unimaginable today, allowing businesses in every industry to collude without the threat of antitrust prosecution and workers to demand salaries about 25 percent above where they ought to have been, given market forces. The economy was poised for a beautiful recovery, but that recovery was stalled by these misguided policies."
Interesting article, and baffling that it came out of UCLA!!
Yes, it's the perfect example of a far-left liberal not believing in the free market. When the free market has been left to regulate itself things have gone peachy. It's only when the government decides "it knows better" and interferes that things really go to pot.
Take our current situation: Banks didn't want to give loans to people who obviously couldn't afford them. The government butts in and says, "but you HAVE to give loans to the poor and working class! And if you don't we'll fine you BIG time!" Hence, the Community Reinvestment Act and other government mandates to give loans to unqualified applicants.
What happens? Just like the banks predicted, those who couldn't afford loans defaulted and the banks were left holding unsellable vacant properties, which they then turned over to Fannie and Freddy Mac. Bingo! You now have a horrible housing crisis that can be traced back to government interference in the markets.
"Government isn't the solution to our problems, it IS the problem" - Ronald Reagan
Hofstra Law: Bram Weber '00 -- On Law Journals and the Academic Experience
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Small Business Health Insurance Basics In Texas
Finding the right group health plan for your business can be downright intimidating: sorting through lists of insurance companies and plans; checking and re-checking the dollars and totals for deductibles and co-pays; making sense of plan limitations and exclusions; deciphering a dictionary's worth of insurance-speak. It's enough to make anyone feel like a high-school freshman again.
Texas insurance law allows a wide array of health care coverage plans and packages. All group health insurance has its limitations and finding the right employee health plan at the right price can be challenging.
In Texas, the term "small employer" is a special insurance designation reserved for businesses with two to 50 eligible employees. The law provides some added protections to these businesses, including a 15 percent annual cap on rate increases due to health factors, a state-enforced guarantee that carriers cannot arbitrarily discontinue coverage, and a cooperative purchasing provision that lets small employers pool their purchasing clout to negotiate lower rates.
For employees of small businesses in Dallas, Houston and throughout Texas, the law provides several ways to maintain benefits after leaving a job and limits the waiting period before pre-existing conditions are covered.
Beyond these requirements, small-employer carriers may offer a wide variety of plans, with virtually any combination of features and benefits.
Small-Business Coverage Eligibility
Texas businesses with two to 50 eligible employees may obtain small-employer coverage from either a traditional insurance company or a health maintenance organization (HMO). Eligible employees are defined as those who usually work at least 30 hours per week; are not classified as temporary, part-time, or seasonal; and are not already covered by another group health plan. A business' owners count toward the employee total.
The number of eligible employees -- not total employees -- determines whether a business is considered a small employer under Texas insurance law. For example, if your business has 60 total employees, it could still qualify if six of the workers are part-time and four have coverage through some other source, such as a spouse's plan.
If you decide to offer a group health plan to your employees, you must make it equally available to all of your eligible employees and their dependents.
Coverage is available under a small employer health benefit plan if at least 75 percent of a small employer's eligible employees elect to be covered. Carriers must always "round up" when calculating the percentage. For example, a five-person business with only three employees wanting to participate satisfies a 75 percent requirement by rounding up.
However, in the case of a business with only two eligible employees, the law requires 100 percent participation. A husband and wife working in a business must be counted as two separate employees. Neither of the employees is eligible for coverage as a dependent of the other.
If you provide a health plan, state regulations and a federal law called COBRA (Consolidated Omnibus Budget Reconciliation Act) allow employees to maintain benefits for a period of time after separation from the job. It is your legal responsibility to inform employees of their rights to continue coverage. Former employees who choose to continue their coverage through COBRA or state continuation must pay the full cost of the plan. You are not obligated to contribute toward their premiums, even if you previously paid a share. Ask your carrier for details about your responsibility toward former employees.
Types of Plans Offered
Health plans are classified as either "state-mandated plans" or "consumer choice plans." A state-mandated plan provides certain required minimum features and coverages. A consumer choice plan is any plan developed by a carrier that excludes some state-mandated benefits. Generally, consumer choice plans that do not include all the state-mandated coverages will save you money on your monthly premium.
Although consumer choice plans are sometimes called "standard plans," be careful not to interpret the term to mean that the coverages provided are "standardized." Each carrier's consumer choice plan may be different, and a carrier may offer several different consumer choice plans.
Some state-mandated benefits continue to be required for consumer choice plans, including coverages for:
* Phenylketonuria treatment, if prescription drugs are covered.
* Complications of pregnancy.
* Minimum hospital stay after childbirth (federally mandated).
* Reconstruction surgery following a mastectomy (federally mandated).
Consumer choice plans may vary depending on the type of carrier offering the plan. For example, HMO consumer choice plans must pay for 20 outpatient mental health visits per enrollee per year, but that's not a requirement in indemnity plans. In addition, unlike insurance companies, HMO consumer choice plans must include basic health care services, such as inpatient, outpatient, and preventative services. Carriers may offer optional benefits that vary widely from plan to plan.
You don't have the time for all this research and number crunching. But can you really afford to leave it on your "maybe someday" list? As the cost of medical care rises, the risks of not having health insurance are more apparent than ever. Today a single injury or illness --if uninsured-- can leave a family in financial ruin. Moreover, health coverage is a key benefit of employment. You may not be able to hire and keep the best employees without offering it.
Another alternative to group health insurance plans, which can be unaffordable for many small businesses, is to offer individual health insurance options to your employees. By law, an employer is not allowed to contribute to these plans, or that would be treated as group insurance under Texas state law. But you can still help your employees become insured in a good plan and improve their health and well-being and also improve employee retention in the process.
About the Author
Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com
Ron Paul's Texas Straight Talk 6/14/10: Authoritarianism is Bad for Your Health!
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Law school FAQ
I went to a terrible law school, how do I get law firms to hire me? Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.
If I want to be a lawyer, where is the best 4year college to start with before law school? Now, the thing is I am not rich and I have a B-average. I live in KC Missouri and the closest school I will consider is MU. I want to stay in the USA and will go anywhere except Alaska.
if im a lawyer trying to help the plantiff sue what am i called? a lawyer - I think 'council for the plaintiff' sounds pretty good. - Someone who shouldn't be an attorney, if you went through law school without learning this. - A shyster by any other name is still a shyster. - Plaintiff's attorney. We only.
if law school lasts 4 years, what does the frase 'pre law ' mean that is so often heard in movies? law school is only 3 years pre law is 4 years for your under grade degree - pre law 4 years then 4 more years to become judge, or president - Pre law is a program or.
I'll be applying to law school next fall. should I get letter of reference from an employers or two from profs I've been in the work force for 15 years and been getting my undergrad on a part time basis. You need at least two letters of recommendation and typically that's fulfiilled through profressors, but I think that a.
I'm 28. Am I too old to get my law degree? it seems everyone else in law began when they were in their early twenties. I'm just about to start law school and am wondering if i should go into a different field. no you are not - I don't think that's too old to start. I went to.
I'm 35 with an associates degree. Is it too late for a law career? No its not too late. In fact, in my law school experience, I found that the 'older' students were more successful since they mostly stayed out of the all the social nonsense because they had children, etc. Also, people who look 'older' as an.
im in highschool and i want to get started on taking classes at night time for law school? I will be a Jr. in high school next year and i have wanted to be a lawyer all of my life sence i was little and i would love to have information sent to me at how i could get.
I'm starting law school, and I need a light, dependable laptop for under $1,200. What are my best options? I'm going to be using the computer for taking notes in class and I will be dragging it everywhere, so I want something light that has a decent battery life and will not die, taking my notes and life with.
Is 35 too old to go to law school? I recently saw on the news that a 99 year old man just received his high school diploma. If that old geezer can go back to school so can you! Check it out. - no, you are never too later or too old to learn something - Heck no,.
Is a correspondence law school a good idea or bad idea? bad idea. it is best to go to a law school that is accredited by the american bar association (ABA). This will help you not only find a good job as an attorney, but will also allow you to take the bar exam. Going to law school.
is a JD from an online law school in California worthwhile? I am thinkng of becoming an attorney down the road, but don't have the time for the traditional brick and mortar class room, not to mention the 100k tuition while trying to make ends meet. But I would really rather spend my golden years as an attorney/consultant than.
Is going to law school worth it, even if you are financially challenged? I am graduating from university in April, and I live in Ontario Canada. It is worth it if it is something you know you really, really want to do. I do not have a lot of money so i am funding my law school entirely through.
is going to law school worth it? of course if you wanna make bank - Only if you want to end up rich. - If your intentions are to practice law, of course it's worth it! The education is very expensive, but you will pay that off in no time after obtaining your degree. Good luck to you!.
are there any lawyers that can give me advice on how to prepare for law school? You can contact me and I'll give you my two cents worth. I just graduated a year ago so it's still fresh in my mind. You can contact me through Yahoo. Just click on my profile. - I can. e-mail me with.
Is it worth it to go to law school? More details below? If you spend the time and money to go, and you graduate and get a good job is it still worth it once you have been on the job? Are you just graduating to spend long hours working for and with the wealthy make good money but.
Is law school enjoyabe or too hard? I am a sophmore in high school, and plan on going to a jc, then law school. Will it be very tough? How long must you attend before you can become a respectable lawyer? I am currently a 2nd-Year law student, called a 2L. Law school takes time, money, commitment, analytical skills,.
Is major in Philosophy good preparation for law school? Did anyone major in Philosophy and went on to law school? Do you find that it was a waste of time or was it adequate preparation for law school? I like to hear someone's experiences because I am thinking of majoring in it as a possible second degree on my.
Is someone who went to law school and finished a lawyer even though they haven't taken the bar? I have a friend who took offense that I didn't consider him a lawyer because he had not taken the bar exam; and every definition concerning American lawyers online state 'licensed to practice law.' or some variation to that effect. He.
Is there an online law school where a graduate student can get their law degree? If you want to get a J.D. (Juris Doctor which is the American Law Degree), there are no places online to get one. Some of my collegues say they are going to drop out of law school and get their degree online, but.
Law school or travelling next year? What shall I do! Without question travel. You can always delay law school by one year. When you finish law school, you will probably never have the time to take a year off to travel. This is probably the only opportunity in your life that will be able to do this. I travelled.
Lawyers or Law Schooler? I'm applying to law school pretty soon and i was told when in law school there are only ONE test a semester, is this statement true? If so how are the test? Thanks! Very, very true. I've attended two different top tier schools (I transferred up after my first year to a better school) and,.
Looking for a new job? I am a 26 year old single mom with a very low paying job. seriously after insurance and daycare you would cry. but anyways here is the thing i am trying to go back to school in the fall for my political science degree and then hopefully law school. so now we are talking.
As a lawyer looking for an alternative career path, what types of jobs/employers prefer candidates with JDs? You aren the first new attorney to think about other options. The first year of employment after law school is frequently a disappointment for first year attorneys. Law school does not prepare lawyers for employment or the realities of the job.
becoming a lawyer..pros and cons? I'm not sure if I want to go through the three years of law school. Is it worth it? Law school is not always 3 years it can take up to five years. I worked for my dad that was a lawyer till his passing and now im on the road to becomming one..
best way of getting into law school? prereq classses? extra activities? Good undergrad grades, getting a good score on the GRE and LSAT. People with backgrounds in English Literature, History, Political Science or Philosophy tend to do well in law school. You might want to get a job in a law office as a secretary, law clerk, or paralegal.
Question for lawyers or people who are familiar with law as a career:? I am a pre-law student who is very money-motivated and at the same time a little uneasy about the large amount of debt I will take on trying to finance law school. I'd like to know what are the most lucrative areas of law to concentrate.
Should I be ashamed of telling people that I want to be a lawyer when I grow up?? My dad's side of the family are so discouraging saying that I can't get into law school, when I'm a 4.0 student and an ASB president right now. They said that lawyers are just a bunch of selfish and wealthy people.
so it means I would have to finish college before even applying for law school? No, you do not have to finish before applying to law school. You should be in your last year of school. Applying in your junior year will NOT get you accepted anywhere. Take the LSAT in JUNE, NOT in October. This gives you.
Starting a Long Distance Relationship and not knowing where you stand as in if you are a friend or daing? A friend set me up with his best friend, a guy that i knew in law school, and I have been out on 2 dates w/ him. He has sent me 2 cards: one to wish me luck on.
to Lawyers: i'm going to retake the LSAT!!? any suggestions? i'm going to retake it with Kaplan.any suggestion will help! thank u! Study harder. Get smarter. - A good study program will help but if you still dont like your score, you can always try and get into a night program at a law school since night student LSAT.
as of 2004 there was a 3.4 percent increase in doctorate degrees awarded in the United States. In June, 2004, a total of 41,155 research doctorate degrees were earned by postgraduate students. The recent increase in doctorate degrees awarded after a decade of decline can be partially attributed to the convenience of distance learning postgraduate online education degrees.
Postgraduate degree programs offer students an opportunity to explore a subject to attain the highest levels of proficiency in that area of study. Courses can be based upon a curriculum or independent study and research. A recent study released by both Penn State University Outreach Marketing and Communications and University Continuing Education Association revealed that distance learning is anticipated to grow ten times quicker than on-campus education over the next ten years. Further, about 45 percent of college enrollment are adult students who frequently prefer distance learning opportunities to classes on campus. Sun Chairman Scott McNealy states, "Technology has to play a huge role in education. (It's) changed commerce...publishing...banking. It's got to change education big time."
Distance learning postgraduate online education degrees afford busy students the opportunity to earn doctorate degrees at their convenience, without having travel to and attend traditional classes. By the time students intend to pursue distance learning postgraduate online education degrees, they are usually computer literate, self-motivated and able to manage their time properly. These are all essential elements to success in virtual classrooms. The two basic types of postgraduate degrees students may earn are professional doctorates or research doctorates.
Professional doctorates. The United States requires terminal professional doctorate degrees to perform in certain fields, such as dentistry, medicine, law, chiropractics, occupational therapy and psychology. Prior to entering these professional doctorate programs, students are required to complete a bachelors degree, preferably in a related field. Professional doctorate degrees, such as J.D. and M.D., usually do not require students to complete a thesis, although some do require an original research paper to be submitted. Doctorate degrees usually take three years to complete after postsecondary education, although distance learning postgraduate online education degrees may be earned more quickly. Because online education courses are often geared for the busy adult learner, students can progress at their own pace.
Research doctorates. The research doctorate that is most commonly earned is a Ph.D. The time is takes to complete research doctorate degree programs can vary quite a bit, depending on course pursued. It is common for students to take two to three years to complete coursework and three or more years to conduct pertinent research. The benefit of a Ph.D. is that a holder is qualified to pursue an academic career as an expert in their field. Distance learning research doctorate degrees are conveniently pursued online and can be easily worked around professional schedules.
Honorary doctorates. These degrees may be awarded for substantial contributions to a field and are not necessarily academic.
Financial Aid. Federal financial aid and loan programs may be applied to distance learning postgraduate online education degrees. Employers may offer tuition reimbursement for coursework. Private loans may also be secured to pay for higher education. Students have several options available that can help them finance their doctorates.
Thesis. Some postgraduate doctorate degrees require students to write a thesis. The learner defines their own area of research and takes years to write a detailed paper, which may be made available as pertinent information to other students in the field.
Coursework. Distance learning postgraduate online education degree programs offer students ongoing guidance through coursework, email, virtual lectures and online discussions. Students are, however, expected to work independently and use a variety of research resources to complete their course requirements.
Online Students. A recent national study entitled Degrees of Opportunity revealed some interesting facts about online students. Eighty-nine percent of those surveyed felt that the benefits derived from higher education are equal to or even greater than the money, time and effort involved. Lyungai Mbilinyi, Ph.D and author of this report, stated, "Eighty-one percent associated higher education with a sense of personal accomplishment and seventy-eight percent believed education would better develop their talents or pursue their interests. Despite the assortment of obstacles many adults face when considering a return to school, the overwhelming majority believe the resulting benefits have made it worthwhile." Finally, eighty-four percent of enrollments in higher education programs are non-traditional students such as distance learners and adults with jobs. Students who participate in distance learning postgraduate online degree programs are not only seeking better positions, but the increased knowledge and self-esteem that comes with an advanced education.Visit Herehttp://special-online-education.blogspot.com
[mage lang="" source="flickr"]california employment law library[/mage]
Small Business Health Benefit Challenges… and Solutions
After pay, health insurance is the most important inducement small businesses use to recruit and keep employees motivated. Yet many employers are finding the ability to provide cost effective health insurance more challenging as premiums continue to rise and the options available continue to decrease. Employers are beginning to think “out of the box” and are looking at new ways to offer their employees benefit programs, and to keep them motivated.
NAPEO, the National Association of Professional Employer Organizations, conducted an employee benefits survey in November, 2007 of its members’ clients to understand the concerns of small and medium-sized employers. NAPEO is an organization that represents firms, PEOs, which specialize in providing human resources outsourcing support and employee benefit packages to small and mid-sized employers nationwide. Mirroring the sentiment across the country, the trade association found that health care costs were their second-biggest worry after attracting workers.
The survey also revealed that more than half of the 365 small businesses surveyed said their premiums rose as much as 10 percent this year, and almost one in 10 told NAPEO they would dump their health coverage next year or are unsure about it. Many of these companies said they will pass at least some costs along to employees next year. One in five said they would raise co-payments for office visits or deductibles; one in four said they’d raise premiums.
California Employers Feel The Squeeze
The survey was conducted nationally, but employers in specific states, such as California, are being hit the hardest. Michael Holmes, Client Services Director of CPEhr, a Los Angeles-based
Professional Employer Organization, is not surprised. “This is another wake-up call,” says Holmes. “Soaring health insurance costs in California are hitting small businesses especially hard and these businesses employ the vast majority of workers. This is an extremely troubling development, not just for small businesses and their workers, but for the entire economy.”
A report recently released by the California State Library, entitled, “Ninety Years of Health Insurance Reform Efforts in California” by Michael Dimmitt, Ph.D of the California Research Bureau, reviews the history of health insurance in California dating back to 1918. It reveals some startling facts, and reasons for even greater concern in California:
• Between 1961 and 2002, health care costs increased almost without interruption. No effort to contain them has proven successful over the long term.
• Federal programs provide health care coverage to over 7.4 million Californians. If the programs were not in place, the number of uninsured in the state would double.
• More than 20 percent of Californians, 6.6 million people, currently lack health care coverage over the course of the year according to research conducted for the California Healthcare Foundation.
• Of those without health insurance, an estimated 75 percent are working people and their families.
• As a consequence of the growth in premiums, the number of people covered by health insurance in California decreased from 64.6 percent to 54.7 percent between 1987 and 2005.
Some employers are content to continue along the traditional health coverage path for their staff. While premiums rise, most just consider it a cost of doing business. However, many California employers are now turning to the PEOs to provide relief for their employee insurance woes.
What is a Professional Employer Organization?
Professional employer organizations, or PEOs, pool thousands of employees under one roof and provide cost effective management of small employers’ health insurance plans. Additionally, PEOs help small businesses outsource their time-consuming human resources chores, such as payroll, HR policies and risk management, so owners can focus on making a profit. The PEO acts like an offsite human resource department, so even small employers can gain access to expertise typically reserved for larger, more established organizations. Particularly in California, where complex employment rules and difficult insurance guidelines weigh heavily on small businesses, it is highly beneficial for small California employers to connect with an expert PEO in the state, such as CPEhr.
Like most PEOs, CPEhr creates a "co-employment" relationship with its clients, thereby sharing the risks and responsibilities of being an employer. CPEhr assumes the role of the Administrative Employer, whereby it pays the employees, files payroll taxes, provides health insurance, issues the workers' compensation insurance, and manages most aspects of employment. The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day functions relating to their internal operations. This includes hiring, firing, establishing wages, and directing the workforce.
Through this co-employment relationship, small organizations access the economies of scale enjoyed by large corporations. CPEhr’s clients can offer premium benefit packages and retirement plans to their staff, typically provided by their larger competitors. They can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company's core competency and grow its bottom line.
Creative and Affordable Insurance Options
According to NAPEO, the PEO industry grew over 15% in 2007, to $61 billion in gross revenues. PEOs currently provide access to employee benefits for 2-3 million working Americans. This number continues to grow as the economies of scale offered by PEOs make them an attractive solution for small employers looking to offer a wider range of benefits to their staff, without the need to shop, administer or oversee these plans.
CPEhr maintains a fully staffed employee benefits department which is focused on finding cost effective and comprehensive benefits to make available to its clients. Because CPEhr has the manpower to tackle this daunting task, the small employer merely has to join the PEO program, and enjoy access to the benefits without the responsibility to administer the plans.
Like most employers, CPEhr offers its clients standard major medical insurances with the large insurance carriers. However, due to the size of the pool of employees, CPEhr enjoys a stronger relationship with the insurance companies which enables them to offer a wider range of plans and coverage options, with greater flexibility on enrollments and improved customer service. While a small business independently may secure a benefit plan with one or two co-pay options, a CPEhr offers as many as 8-10 options for the same employer.
In addition to major medical, a wide range of supplemental benefits, such as dental, vision, life, and disability insurances are available. CPEhr also extends its benefit offering to include additional employee programs such as such as travel, cancer and alternative health care insurances, credit unions, Flexible Spending Accounts, and robust 401 (k) plans. The Small Business Administration estimates that merely nineteen percent of employees working in a small business have access to a 401 (k). That number skyrockets to an estimated 95% in a PEO arrangement.
While it is obvious that not every small business will need, or even want, to offer this wide range of benefits to its staff, it should be comforting for them to know that alternatives exist. At the least, the small employer should recognize the extraordinary opportunity PEOs offer to help level the playing field in the complex and tough employee benefits environment.
Conclusion
Rising health insurance premiums, complex employment and benefit administration, and a weak economy are all making the task of procuring affordable, manageable health insurance more daunting for the typical small employer. Particularly in California, where 75% of the uninsured population is in the workforce, these challenges are reaching critical limits. More and more employers are turning towards alternative health insurance solutions, such as joining a PEO for their employee benefit coverages. One such firm, CPEhr, is a leader in the California marketplace and can provide these solutions efficiently and cost effectively for state-based businesses.
About CPEhr
Founded in 1982, CPEhr is one of the largest, privately owned human resources and professional employer outsourcing (PEO) firms in California. With 25 years experience in the California market, CPEhr has an advantage in its knowledge of statewide employment challenges. CPEhr provides a personalized service that extends to 35 states. CPEhr offers an array of integrated human resources services that includes: Employee administration, human resources and labor law compliance, payroll and tax administration, benefits administration and compliance, workers’ compensation administration, risk management, training and development and recruitment.
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What Economic Recovery? What Economic Recession?
In early November the talking heads were breathlessly reporting the economy “grew” by 3.5% in the third quarter...that the economy was now recovering. The end of economic contraction also signaled the end of the recession that began in the fourth quarter of 2007. And they attributed much of this growth to the pick up in auto sales. To read the full government report, go to www.bea.gov.
The index of leading economic indicators, which has been positive for seven months now, is also suggesting the economy is in recovery.
So, is it true? Are we on a sustainable growth path now? Does this latest government release about the economy mean the worst is behind us? Does the Index of Leading Economic Indicators tell us the same thing?
Well, let’s look at the reports and see where the growth came from. Maybe that will give us some answers.
To start, the 3rd quarter’s growth rate has since been revised downward to 2.8%. And the following schedule shows the contribution to growth from the various sources in our economy.
The contributions to growth were as follows:
I appreciate this data table is a little busy, but it is important in order to understand the real nature of what some are calling a recovery. You will note the single largest contribution to the third quarter economic growth was inventory restocking. In my mind, putting stuff back on empty shelves is not growth. It is simply the reverse of the massive and aggressive destocking we saw in the fourth quarter of 2008.
So, if we take out restocking, the growth rate slips to 1.9%. Let’s also remove defense spending and healthcare, which are not growth items. After all, supporting our troops in Iraq, Afghanistan and around the world should not be considered economic growth. And more healthcare for an aging population should not be considered new growth.
If we eliminate defense and healthcare, growth is now reduced down to just 1.1%. But a major contributor to this remaining growth is vehicle sales. Now let’s look a little deeper into this item.
Month to month auto sales are highly volatile and seasonal. So while we did have the idiotic “Cash for Clunkers” government giveaway program that kick started some sales in the third quarter, there are two other factors that are more significant. Pent up demand has been growing and the Cash for Clunkers was just the catalyst.
Pent up demand is from the increasing average age of cars on the road, now over 9 years old. In addition, interest rates on car loans are near half of what they were in early 2007. The average car now has over 100,000 miles on it and interest rates on new car loans are low. Underwriting standards, at 10% down payment, have not changed over the past several years and average prices have not changed much and are at just under $30,000.
Most of us are accustomed to seeing the total numbers of cars purchased, illustrated by the following chart. But remember, many of the cars we buy are imported and do not add to America’s economic growth. This chart gives us a full picture of consumer’s car purchases over the past decade.
As you can see, auto sales plateaued long ago at around 16 million a year. As car buyers went on strike last fall, auto sales plunged to less than 10 million a year, a sales level not seen since the early eighties.
But pent up demand from aging vehicle fleet and low borrowing rates will increase car demand from its current levels.
There is another factor that will give us insight into future auto sales. There are now 1.2 vehicles for every licensed driver. This means only 83% of the cars we buy are needed for transportation. The remaining 17% are discretionary and are purchased to support our lifestyles. So, anytime we are in a pinch and must cut back, like recessions, we can easily cut back on cars purchased.
Clearly, that is what we saw last fall and during the first half of 2009. We can delay our car purchases, and have. Eliminating this discretionary demand, car sales will stabilize at around 13 million a year.
Now let’s look at the car sales that affect our economic growth. The following chart shows the cars sold every month that were manufactured in the United States.
Source: U.S. Department of Commerce
The pink shaded areas of the chart are periods of recession. You will note car sales have been in a steady decline over the past ten years, recession or not. We did see a dramatic falloff earlier this year, and sales have partially recovered in the third quarter. However, this recovery is really very much part of the longer term pattern and not unique to this recession.
The result of pent up demand and low borrowing costs means auto sales will be higher than the low monthly sales of earlier this year. I expect auto sales will resume their long established pattern of seasonality and volatility.
Now, let’s go back to our “growth” story. As we have seen, the only significant contributor to 3rd quarter growth was auto sales. And many commentators attribute this to the government’s stimulus program. This is nonsense.
Ageing, high mileage vehicles, and low interest rates are more lasting and powerful influences on car sales that any government giveaway can be. Offsetting these two positives elements is a negative; discretionary car buying decisions equal to 17% of total demand. Car purchases can easily be delayed or even canceled…at least for a while.
Trade Imbalance=Oil
And before we all get too excited about this runaway growth we need to remind ourselves of the negative influence on growth from trade of a minus 0.8%. This is due primarily to our import of oil. More growth will make this trade imbalance worse as we import more oil to accommodate more economic activity.
The Congressional Research Service, the research arm of Congress recently issued a report on America’s hydrocarbon reserves showing the US to have the world’s largest reserves of fossil fuels, more than even Russia. The report is titled “U.S Fossil Fuel Resources: Terminology, Reporting, and Summary” and was released October 28, 2009. Go to www.opencrs.com to download this report.
We have the greatest endowment of fossil fuels of any country and we are importing huge amounts of oil. This is the result of poor policy and political and environmental pressures. Unfortunately not exploiting our own resources reduces our economic growth and puts continuing downward pressure on the dollar.
Leading Economic Indicators
The Conference Board’s Index of Leading Economic Indicators has been telling us since April that the economy is in recovery. The index has been positive every month since then. But let’s look a little closer at the components of this index. The big contributors to the positive performance have been vendor performance (restocking of shelves) and the stock and bond markets. As I said before putting stuff back on the empty shelves should not be viewed as sustainable growth.
The stock and bond markets have zoomed higher. The stock market is up 62% since its low in March. Corporate bond prices have increased as well, especially the high yield market up 56% since it low in March. These price increases have come without the benefit of increased earnings, stretching valuations to nose bleed levels.
Other components, such as consumer expectations (low and getting lower), jobless claims (bad, but stabilizing), average workweek (stable, at a 45 year low), and building permits (increasing from an extremely low base and still unsustainably low) tell a very different story. So it appears to me the index of leading economic indicators is leading us astray, with the only indicator of growth being an unjustified increase in capital market prices.
Some “growth” story, huh? Prudent investors should be extremely careful in this environment.
What About Next Quarter?
I believe it is important to view this highly touted “growth” story of the third quarter’s economic performance as a singular event.
After all, where is this quarter’s and next quarter’s growth going to come from…more war? More bandages and bedpans? More cars we don’t really need? I don’t think so.
Long term sustainable economic growth comes from new business formations that provide goods and services demanded by consumers. These businesses hire more workers and expand because their products are sold at a profit. The drive for self interest by each of us insures this will happen….UNLESS our government obstructs and frustrates this natural growth phenomenon with high taxes and burdensome and costly regulations.
And that is where we are. No entrepreneur, in his right mind, is going to start a business today. The obstacles to success and growth are just too great, making entrepreneurial activity too risky. The outlook for strong and sustainable economic growth is not good until the government removes these obstacles.
What are the chances our radical Muslim socialist President and a like minded Congress understand the true sources of growth? The actions taken by this administration and Congress to date guarantee a limited and short-lived economic recovery. The economy will significantly underperform its potential.
What Recession?
Now that we determined there is very little growth in the 3rd quarter’s growth number and the prospect for growth in coming quarters is not good, let’s have a look at the recession and see how bad it is.
Was there a recession? Of course there was. But we need to examine it a little closer to look for insights about its severity, dispersion, and duration. Simply accepting the government’s revelation that real GDP declined for two consecutive quarters is not very useful to investors.
We need to understand the parts of the economy that are solid and secure, and those parts that are extended and vulnerable. Actually, I find it useful to think of recent economic events in terms of 2 economies.
Two Economies
Is there one recession or two economies? I think recent economic events are better explained by considering not one monolithic economy that goes up or down in concert and unity, but rather by considering 2 economies operating somewhat independently of each other.
One economy is stable and healthy, and another is false, sick and had no business existing in the first place. But they are interrelated …so the good or bad performance of one can show up in the performance of the other.
The first one relates to providing goods and services that all of us need, such as shelter, food, clothing, and other normal needs of America’s families. This includes education, entertainment, and lifestyles. As you will see, this economy is vital, important, healthy and functioning.
The second economy is one that should have never existed in the first place. It is an economy based on liars and losers buying houses that were not homes. This economy is sick and dying and at some point will no longer exist.
Examining the never ending stream of economic data in the context of two economies will give us insights into investing opportunities and dangers.
The Real Economy
The headline numbers are often about unemployment. And it is true; unemployment now exceeds 10% and shows little signs of abating. Underemployment is 18%. There seems to be lots of political pressure to do something about the high and rising unemployment and the government will undoubtedly try. But like always, they will be too late and follow the wrong actions. The recent Jobs Summit is a giant Joke.
The following chart compares total payroll employment (not unemployment) with total income and personal consumption expenditures. Payroll employment includes most of us. It does not include self employed and farm workers.
Normally, unemployment is the commonly reported figure, but it is a confusing number. It contains unemployed people who report every week but not those who don’t report, or whose benefits have expired, or those who have given up looking for employment. There are millions of these people and the unemployment number ignores them entirely. I find it more relevant to examine how many of us are employed and how it has changed. That is why I use employment instead of unemployment.
Payroll employment (blue line) has dropped precipitously since the end of 2007. Nearly 8 million people have lost their jobs in the past two years. Both economies have been affected. For example, 1.6 million construction workers have been laid off because of no construction work. But the real economy has also shed jobs. Manufacturing employment decreased by 2.1 million people. This reflects both the long term trend of less manufacturing in the US and the sharp cutbacks related to the panic stop in the supply chain last fall.
Payroll employment is behaving as it has in past recessions. In the 2001-2002 recession, employment declined and kept declining after the recession was over. We should expect the same from this recession…a continuing drop in employment.
The chart also shows personal income (green line) and personal consumption expenditures (red line). Even though employment has fallen off a cliff, both income and personal consumption has remained flat. In the prior recession income and consumption continued to rise as employment fell.
Income has declined slightly and personal consumption has not declined at all during this recession. Average compensation has actually increased. The same thing happened in the last recession. Income leveled off and personal consumption kept increasing.
There are several parts to personal income. It includes employee compensation, the largest part, income from investments, and income from the government in the form of transfer payments. Examples of government payments are social security, welfare and Medicare payments.
There is no recession in personal consumption. 70% of personal consumption is services and this sector has increased every quarter. In fact, service expenditures have never declined in any quarter, recession or not.
This next chart compares total income, which has not dropped in this recession to salaried compensation which has. In fact, you will note a widening t of the two lines especially since 2005. Salaried income is important as it is the primary driver of total income. And it is the source of the government payments through taxes.
Given the massive number of unemployed we would expect salaried income to decline, and it has, but not significantly. In fact, income per employee has risen in this recession.
Service employment is virtually unchanged. Declines in retail employment have been offset by increases in healthcare employment and federal worker employment.
Healthcare and federal government workers are asking “What recession?”
Source: St. Louis Federal Reserve Bank
Even though income levels have remained essentially flat during this recession, the troubling point in this graph is salaried income is declining. If salaried income continues to decline, our economic “recovery” will be short-lived.
Let’s look at some anecdotal indicators to examine the recession from a different perspective than just the government’s indicators. We will look at entertainment, charitable giving, lifestyle expenses, and others to get a better understanding of this “recession”.
America’s Pets
Consider America’s love affair with our pets. According to the National Pet Owners Survey, 62% of US households own a pet. The ownership has increased over time, up from 56% of household when the first survey was taken in 1988.
The following schedule illustrates the total cost of pet ownership over the decade.
Annual Pet Expenditures
($ Billions)
As you can see, our pampering of pets increased in both the past two recessions. Both ownership and amount has expanded. New products, such as hospice care and an airline that transports nothing but pets are just two examples of how we dote on our pets, recession of not.
Our pets are asking “What Recession?”
Garbage
Next let’s consider our production of garbage. In particular, the amount of food scraps produced by America’s households and restaurants.
America’s Food Scraps
Source: Environmental Protection Agency
Tonnage produced declined slightly in the last recession in 2001, but increased again the following year. Even with this 2% decline, the percentage of food scraps to total solid waste increased to 11.4%. In 2008, a recession year, both the amount and percentage increased. America produced a record 32 million tons of food scraps during the deepest recession since the early seventies.
The trash haulers are asking, “What Recession?”
College Football
Let’s ask America’s college football fans. We will check their response to this recession by looking at National College Athletic Association Football Division I attendance records for the past six years. This does not include all college football game attendance, but Division I is top level of competition in college football and has the widest following. The following schedule shows the annual attendance records at the 119 schools included in Division I.
Source: National College Athletic Assoc.
As you can see, attendance increases every year, recession or not. In the deepest recession since at least the mid 70’s, college football attendance keeps climbing.
College football fans are asking, “What recession?”
New Businesses
As we all know, small businesses are a vital and significant contributor to our economy and overall employment. There are some 6 million businesses in America that employee people. The difference between small and large businesses is the number of employees. Large businesses are defined as those with 500 or more employees. There are only 18,000 large businesses in the United States. Small businesses, those with less than 500 employees, accounted for 64% or 14.5 million of the 22.5 million new jobs added to the economy from 1993 to 2008. One third of these new jobs came from new firms.
The following chart shows the total new businesses started versus the number of businesses closed, and the ratio of starts to closures. About one percent of new businesses are added each year to the 6 million existing businesses. The failure rate of new businesses within the first five years of existence has always been high, around 80%. The chart below does not track that, it just shows the number of businesses opened and closed each year, not their longevity.
As you can see, closures amounted to about 85% of new business formations from 2004 to 2007. But the ratio shot up to 95% in 2008, clearly reflecting the difficult business climate.
Business Formations and Failures
Source: Small Business Administration
New business formation is a key element in employment and economic growth. While new starts have remained essentially flat, failures have increased dramatically. The recession is just one reason. Federal regulation is another. Here is the cost of federal regulation on businesses each year.
Annual Cost of Federal Regulations
(Cost Per Employee)
Source: Small Business Administration
As you can see, the economy’s best growth engine, small business, bears the greatest regulatory burden. Federal regulatory costs for small business are 45% higher than the costs for large business. This will tend to discourage strong economic growth and make small business failures more likely. High taxes and punishing regulations insure economic growth in coming quarters will be tepid and vulnerable.
Charitable Giving
You would expect charitable giving to decline when times are tough. And it did decline in 2008, but not significantly. Interestingly, contributions to churches and domestic and international charities actually went up. The big decline was to human service organizations and education.
The following schedule outlines charitable giving during this recession, showing the source, which is primary individuals, and the recipients, which are primarily churches.
Charitable Giving
Source: Giving USA 2008 Report
Most givers are saying “We don’t care if there is a recession.” And many Churches and charities are saying, “Thank God for the generosity of the American people even in hard times.
Cutbacks
Is everything going up? No, of course not. Discretionary spending has declined. We are buying fewer cars, as we already discussed, and our vacations are less expensive and extravagant. We have cut back on eating out, especially in upscale restaurants. The days of the $50,000 ice sculpture business luncheons are over…at least for now. And no one will miss them except the ice sculptor.
For the most part, families go about their lives as they always have. But fifteen million unemployed people are going to have some impact on all of us. You and I may have a job, but a family member, friend or someone we know is probably out of work.
Recession and unemployment cause economic hardship. But we must remember recessions are a natural and necessary part of the economic cycle. That is why we call it a cycle… it has both up and down phases. Economic cycles are healthy. The up cycle goes too far. At its peak, it encourages marginal investments that fail. These failures cause economic dislocations, including unemployment, but also prepare the way for the next up cycle to begin.
Solomon, the wisest man who ever lived, assures us there will always be cycles and they will exist as long as the earth exists. So, instead of trying to banish them, as governments desperately try to do, so we should include them in our investment planning, as a normal and recurring event.
The False Economy
This is an economy that should never have existed in the first place. It could not exist without liars and losers. I am talking about millions of houses we built that were not homes. Liars and losers bought them at ever higher prices, all facilitated by government requirements for banks to make loans to unworthy and unqualified borrowers. This was the triumph of hope over experience and was inevitably going to end badly. Liars are not worthy of loans and losers can’t afford them.
The housing bubble that resulted took time to form as the following chart illustrates.
Source: U.S Census Bureau
The blue line shows the steady rise in America’s total housing units. The sharp dip in 2002 is only a change in the way the Census Bureau tracks this information and not an actual decline.
From 2002 until 2008 America added to its inventory of houses. In 2002 our housing inventory was 117 million houses; in 2008 our housing inventory was 130 million houses. As of the end of the 3rd quarter of 2009 we had 130,302,000 housing units. This includes both single family and multiple family dwellings. The number of households has remained flat for the past 6 years at around 110 million. The current number is 111,612,000.
About one million new households are formed each year. And they need housing. A good rule of thumb is America needs to build new houses equal to the new household formations every year.
The number of houses and the number of households should track closely together. In the past, these two lines (blue and red lines) were very close together. In 2002 the blue line and red line started to diverge. From 2002 until 2008 we built 13 million houses we did not need and were not occupied. That’s a bubble!
The chart also shows the median house price in green (right scale), which started rising sharply coming out of the 2001-2002 recession.
As house prices rose, we built even more houses. The difference between houses and households is empty houses, which keeps rising even as we build more houses.
This reinforcing pattern of higher prices and more empty houses just kept getting worse, creating a massive housing bubble. This of course was all enabled by the idiots in Washington, who wanted every voter to be a homeowner even if it was temporary and foolhardy.
The music stopped when house prices could rise no further and began to fall in mid 2007. After a lag, new housing starts began to decline from the unsustainable rate of 2.2 million a year.
As you can see from the chart below, starts climbed rapidly after the 2001-202 recession, despite no increase in households. And currently, new housing starts have plunged to way below the level of new household formations. As the excess inventory gets absorbed, new housing starts will resume a more normal and sustainable level at around 1 million a year.
Source: U.S. Census Bureau
Let’s add one more dimension to this sorry picture; the financing. If all of these houses had been built with 100% equity they would not have been built. The reason they were built was because 100% or near 100% financing was available to unworthy borrowers. Congress passed laws requiring banks to lend to liars and losers. This created a recipe for mischief that built the bubble larger than market forces would have allowed.
The following chart illustrates the total outstanding debt of all US households (blue line). This is primarily mortgage debt, but also includes $2.5 trillion in consumer debt such as car loans and credit cards. I have also included two of the funding sources for mortgage financing that made the housing bubble much worse than it needed to be.
The first source was mortgage pools (red line) organized by hundreds of small mortgage originators and sold to investors by Wall Street firms. The second was government backed agency pools, such as Freddie Mac and Fannie Mae (green line).
Source: Federal Reserve
After rising rapidly from 2002 to 2008, total household debt has leveled off and is starting to decline. Mortgage pools have declined drastically. Essentially, no new pools have been formed and the existing pools are being paid off or charged off. The sad part of this is that government sponsored loans are still increasing. Everyone, it seems, understands a housing bubble except the government.
Building houses we did not need financed with loans we could not pay employed millions of people. Many are now unemployed.
The following chart shows the employment levels of both the construction and financial services industries. As you would expect, construction is a more volatile industry than banking. Even so, both industries have shed millions of employees in the past two years.
Source: St. Louis Federal Reserve Bank
One million six hundred thousand construction workers and nearly 500,000 financial service workers have been laid off since the recession began.
According to the American Bankers Association, 14.1% of single family houses were in either delinquent or foreclosure status. This is an all time high since the American Bankers Assoc. has been gathering data in 1972. This amounts to just over 4 million homes.
As the largest mortgage lenders, banks are suffering massive write offs and losses. So far this year, 129 banks failed and were closed by the FDIC. This compares with 26 bank failures in 2008 and just three in 2007.
Unfortunately, the real economy and many normal and prudent banks and borrowers got caught in this housing bubble. Rising house prices affected any family that relocated for business or career reasons. They had to pay more and borrow more for their new house. And the bursting bubble has left them with less equity than when they purchased the home. In effect, they are stuck, at least for the next few years, in homes with loans larger than the value of the house.
Limited Loans
Banks have become much more conservative in their lending since the housing meltdown and the freezing of the credit markets. The following chart shows where they are investing now. It is certainly not in loans to businesses and consumers.
As you can see, business loans (called C&I loans) have fallen by $250 billion in the past year. And consumer loans have declined slightly. The real eye opener is the excess deposits banks must maintain with the Federal Reserve Bank.
All banks are required to maintain a minimum amount of reserves kept on deposit with the Fed. The minimum is shown in the green line from 2000 until October 2008. Much of the $700 billion in government bailout money that went to prop up the major banks last fall was immediately redeposited with the Federal Reserve. As you can see, excess reserves zoomed from near zero to $1 trillion in the past year.
Conclusion
The declining availability of credit from banks, declining employment, declining house prices, bank failures, housing foreclosures, and very low new housing starts are all clear evidence this false economy is disappearing.
The false economy is not very big, relative to our national economic engine, but nevertheless it is causing lots of pain. Unfortunately, that is how bubbles end…in pain and loss.
Ok, so let’s add this up:
-Most of our economy is solid, functioning and healthy.
-The outlook is for slow growth until risk/return is in better balance
-The housing bubble is deflating and the false economy is disappearing
Portfolio Strategy
My analysis is that there was no recession in much of our economy, and there certainly was no recovery.
The outlook is for us to sputter along, dragged down by excessive regulations, confiscatory taxes, and the slow abandonment of the economic principals that made us the most powerful economy on earth.
In this environment it becomes essential to adhere strictly to our investing disciplines of high and sustainable income. We will continue to avoid any investments related to the False Economy, such as residential housing and finance.
May you live long and prosper,
Mike Williams, CFA
About the Author
Mike Williams is a professional money manager and Chief Investment Officer for Panhandle Portfolios, Inc. He has a BBA from the University of Massachusetts, an MBA from Southern Illinois University, and has held the Chartered Financial Analyst (CFA) certification since 1990, Certificate #13376.
He has been a credit analyst, a foreign exchange exposure analyst, an international pension expert, an international equity portfolio manager, a Japanese stock analyst, and the founder and chief executive officer of several companies engaged in a variety of business ranging from commercial real estate in New England to recycling electronics in China.
Yes we can! (kill the arabs) How Livni win the Israeli elections
[mage lang="" source="flickr"]employment law teenagers[/mage] What are the limits teenagers have in law enforcement employment?
I had a friend that was 14 years old at the time and he said he was illegally a police officer. I had my doubts about this from the beginning.....but he kept insisting it was true and he provided me with so much info about it that I felt compelled to believe him.
Then he changes the subject and tells me the job is legal...being that I wanted to Become an FBI Agent, I figured some experience would be beneficial.
I do however suffer form depression form time to time...and he denied me of the job because he said people wit mental probs cant be cops.....i found out that ppl wit mental issues cant legally be denied the job of a cop without a personal psych eval by the police agency. So he was actually breaking the law by denying it to me.
I believed he was lying, but i wanted to confirm it. I contacted the local police and asked them. They laughed at me and said "wut do u think??"
Was he lying about being a cop?
His yahoo profile username is "Rabbit"
Did you ever hear the expression " Pulling your leg" ? That is what happened. Teen agers sometimes have a tendancy to exaggerate -- just a bit. If you are interested in Law Enforcement I suggest you learn to spell correctly, do a lot of studying so you can pass a verbal and written exam, in get yourself in excellent physical condition .
Teens Talk Back Furhan Mustafa on the Connexions career and advice service
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Published But Not-Paid Part II - How To Extract Payment From
Sticky Fingered Editors!
Having a proper strategy in place to eliminate payment confusion
will go a long way in avoiding unnecessary problems caused by
misunderstandings, (see the part one of this article), but there
will be occasions when the agreed payment period has passed and
your precious cheque has not arrived!
The following is a list of steps you need to follow to stand the
best chance of collecting payment.
1. Send out your invoice either when the contract is completed
or at the month end. (Part I of this article explains what an
Invoice is).
2. At the end of each month send out a Statement. A Statement is
much the same as an invoice except it lists all the separate,
unpaid invoices that you may have sent out to the same client or
publication. Statements, as do invoices come in all shapes and
sizes but all contain the same things, a number, the date, what
is owed and what is over due, plus your contact details of
course and those of the publication.
3. Allow a week for the Statement to provoke a reaction. If no
cheque arrives, telephone.
4. Ask to speak to whoever deals with the accounts. It may be
the editor, in which case you will already know his or her name.
If it is someone in the accounts department make sure that you
get their name and write it down.
5. Don't get angry! You may be on the breadline and have worked
night and day to meet the deadline but losing your temper rarely
achieves anything. Keep calm and ask if they have received your
invoice and if so when can you expect payment.
6. Usually this is all you need to do. Wait the appointed time
and the money will likely turn up as promised. Occasionally
however you will have to work a bit harder.
7. Phone again and say that the cheque hasn't yet arrived and
ask if there is a problem. You must note down what they say as
it could be important if things turn nasty. If there is a
problem then of course you will have to sort it out, if not then
there is no reason why you shouldn't be paid so again try and
pin them down as to when the cheque will be forthcoming. If the
sum is large you may like to consider offering to fetch it.
(Always assuming of course this isn't the other side of the
planet!). A disarming, "I'll be in your area tomorrow, could I
call in?" is a very face saving phrase that keeps every ones
dignity in tact!
8. If this isn't practical or you are told it isn't possible you
will have to run with it a little longer. Wait again for the
cheque to turn up when it was promised, if it doesn't telephone
again. It does by this stage become annoying but you still
mustn't loose your temper, it really doesn't achieve anything.
Kick the chair if you must, but stay calm with accounts and
you'll have a better chance of winning the day.
9. Still no cheque? O.K. now's the time to start getting heavy.
Send a letter explaining that if payment is not received within
7 days you will be taking steps to recover the fee through the
small claims court. Point out that if this becomes necessary
interest will be charged on the debt for the whole period it
remains over due.
10. Assuming this has fallen on deaf ears you are now faced with
having to follow through with your threat of the small claims
court. If things reach this pitch there is no need to be
alarmed. You don't need a solicitor and all the forms can be
obtained from most stationeries or from the web. You will have
to shell out a small fee to set the process in motion but this
is added to the total debt and will be recovered along with the
original outstanding amount.
Once your client receives this he is faced with two choices.
Either he can pay up, (by far the most likely), or he can
contest it. If the later choice is made then you will both have
to go to an arbitration court where a decision will be made in
favour of one or the other with the loser being responsible for
all costs.
Again it is well to keep things in perspective. I have used the
small claims court twice in over twenty years of freelancing.
Once against a client who refused to pay for work he
commissioned as his client went into liquidation, (he paid up as
soon as the court summons arrived so it never went to
arbitration).
The second was against the publisher of a magazine franchise who
owned me a considerably amount of cash in unpaid advertising. In
this case she contested the claim. However, I was convinced I
was in the right and stuck to my guns fully prepared to fight it
out at arbitration. Two days before the case was due to be heard
a fax came from her solicitors saying that a cheque in full
settlement would be in the post that day.
This link will take you to the Small Claims Advisory service
which will explain the Small Claims Court procedure in detail.
http://www.small-claims.co.uk/
What though about the web? Clients are not necessarily in the
same country, so how do you collect your money and recover bad
debts?
There is no easy answer to this as different countries are
subject to different laws and it can often be difficult to find
out just where the hand that actually grasps the cheque book
actually is! However, there are some pointers that will help
keep potential trouble to a minimum.
Contracts obtained through the job bidding sites often have
their own payment systems in place. Guru.com for example
operates the SafePay system this works by Guru collecting the
payment from the employer, deducting their expenses and then
passing on the proceeds to the contractor. It generates invoices
and receipts all of which can be seen through the contractor's
personal control panel. Elance has a similar system in place
which is explained in detail in its very comprehensive user
manual, available for download from the site.
Another popular method utilised by people doing business on the
web is the Escrow system. There are fees involved, mainly based
on a percentage of the transaction, but it does more or less
eliminate the bad debt problem.
Doing a little research about the publication that you propose
working for can also pay dividends. This can range from simply
visiting your favourite search engine and typing in the name to
doing full blown credit checks. You may think that a basic
search engine query is not going to produce much of a result but
you would be surprised at what gets posted on the web these
days.
As an example, a few months ago I was approached by a self
publishing company who wanted to take a considerable amount of
advertising space on Writelink. Having had no dealings with this
company before I ran a quick search on Google and immediately
found some rather alarming postings. Needless to say we didn't
do business and very glad I am too since the owner subsequently
did a moonlight flit, leaving dozens of very unhappy clients and
creditors behind.
Talking of writers websites, you will find that some of these
include warning listings of publications to be avoided. Writelin
includes this facility, but you will also find a very
comprehensive listing on Preditors and Editors.
Finally, do keep everything in perspective. You will almost
certainly get your fingers burnt on at least one occasion, but
operate your writing business efficiently and professionally and
payment problems should be kept to a minimum.
About the Author
Sue Kendrick has worked as a freelance writer for over 22 years.
She contributes regularly to special and general interest
magazines and websites as well as providing copywriting services
to the business sector. She is also the editor of http://www.writelink.co.ukhref> an on-line community
for creative writers.
Christopher Hitchens on National Security and Official Secrets (Part 2) (1987)
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Verrill Dana's Health Technology Group Sponsors The Daniel Hanley Center for Health Leadership 2009-2010 Fellowship
(May 2009)-Verrill Dana's Health Technology Group is pleased to support The Daniel Hanley Center for Health Leadership's 2009-2010 Hanley Fellows Class.
The Hanley Fellows Program is named in honor of the late Dan Hanley, M.D. (1916-2001), an internationally-known physician leader who served as physician to the U.S. Olympic Team, college doctor at Bowdoin College, and executive director of the Maine Medical Association. The Daniel Hanley Center for Health Leadership was established in 2002 and is governed by a distinguished group of health care leaders from throughout Maine and across the nation.
The Hanley Fellows program targets a small, select group of highly experienced leaders who are poised to lead substantive change at the health and health care systems level. Like other Hanley Center programs, the Fellows program focuses on developing traits that characterized Dr. Dan Hanley's own leadership: inclusion, collaboration, compassion, courage, hard work, innovation and kindness.
These values are exemplified by each member of the Hanley Fellows Class of 2009-2010, and Verrill Dana congratulates them:
Gail Dana-Sacco, PhD is the director of the Wabanaki Center at the University of Maine.
Dan McCormack is the CEO of InterMed, a multi-specialty physician practice with several locations in Southern Maine.
Scott Mills, MD is the Vice President of Medical Affaris at Mid-Coast Hospital in Brunswick, ME and a practicing physician with Mid-Coast Cardiology.
Dan Mingle, MD is a partner with Maine MSO, LLC. Maine MSO is a medical service organization established in 2008 to provide an array of information technology services to health care practices and health systems.
Elizabeth Neptune, a member of the Passamoquodday Tribe in Maine, is a management consultant to the Indian Health Service (IHS).
Verrill Dana shares those principles that drive The Center's mission, and Verrill Dana is proud to support this program and its fellows.
About Verrill Dana:
Verrill Dana, LLP is one of the leading law firms in New England, widely known for delivering high quality legal services in a thoughtful and responsive manner that regularly exceeds our clients' expectations.
Tracing its roots to 1862, the firm has grown to become one of Maine's largest law firms. In recent years the firm has grown regionally, and beyond, to become the only Maine firm with offices in Boston, Augusta, Hartford and Washington D.C.. Today, Verrill Dana is a dynamic firm that provides sophisticated legal representation to businesses and individuals in a wide variety of areas. These include all of the traditional areas of legal services, such as litigation, real estate, business law, labor and employment law, and estate planning; and a number of specialized practice areas, such as health care and health technology, immigration and global migration, employee benefits and executive compensation, intellectual property, energy, timberlands, and environmental law, among others.
About the Author
A Public Citizens Controlled Docket Attracts Ethical Counsel for American CPS Victims Part 3
[mage lang="" source="flickr"]usa employment law minimum wage[/mage] Republicans take House, but Senate looks unlikely
The Republican Party has regained control of the House of Representatives in Tuesday's mid-term elections, but their ambitious goal to take control of the Senate appears to be unlikely. Marangi Doubts FCC to Act in News Corp.-Cablevision Spat
[mage lang="" source="flickr"]international employment law courses[/mage] New Laws Effective January 1, 2010
The following legislation will take effect beginning Jan. 1, 2010. Employment Act Law Training at Concorde Inn KLIA
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Where should I have my attorney file my Employment Discrimination complaint in State or Federal Court?
Which court is better to file a civil lawsuit complaint for the disabled is it state court or federal court? Both civil courts have disability laws so which civil court is better state or federal?
Oh, and the federal judge that will be assign to my case if I have my attorney file it in that court is an old jerk.
If you are filing on a violation of the ADA then Federal court would be the place to file, if the judge is not to your liking you can file a petition to have the judge recuse himself.~
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Health and Safety Distance Learning - Study Online for this Socially Responsible Technical Career
Both the demand and the available options for Health and Safety Distance Learning are high in USA, thanks to the growing public demand for wider and stricter regulations from the government's side to ensure safe and healthy workplaces. Career options include Health & Safety Specialists, and Health & Safety Technicians. If you are responsible to the core, concerned about society's safety, and a troubleshooter by nature, nothing can be more rewarding than one of these careers.
The field of Health and Safety should not be confused with the field of Safety Engineering. The more formal title for Health and Safety is Occupational Safety and Health. While Safety Engineering is a full-fledged branch of Engineering, Occupational Safety and Health is more of a scientific, medical, technical, managerial, & regulatory domain. This is reflected in its administration in the country by Occupational Safety and Health Administration (OSHA) coming under the US Department of Labor, and The National Institute for Occupational Safety and Health (NIOSH) under the US Department of Health and Human Services.
What it Involves
Health and Safety Distance Learning involves taking an Associate, Bachelors, or Graduate Degree in Occupational Safety and Health through the distance or online mode. Several Graduate and Undergraduate Certificate Courses are also available. Those planning to become Health and Safety Technicians can go for an Associate or even a Certificate Course, while those aspiring to become Health and Safety Specialists should go for at least a Bachelors, as the main employer in the domain, the Federal and State Governments, have fixed it as the minimum qualification.
However, there are more Graduate Degree Courses in Health and Safety Distance Learning than Bachelors or Associate Degree Courses. This is mainly driven by the private sector's preference to employ Graduate experts with a firm background in supporting subjects like Science or Medicine.
Various professional certifications available in this domain like the Certified Safety Professional (CSP), Certified Industrial Hygienist (CIH), Occupational Health and Safety Technologist (OHST) require passing stringent examinations, and the training for them are also available through Health and Safety Distance Learning.
Why Health and Safety?
The discipline of Occupational Safety and Health is a fast growing field that is concerned with the safety and health of employees, customers, and the public. While the best managed companies go in for elaborate Health and Safety Departments to stand out in business ethics and cut the loss of employee productivity, many others are forced to create a Health and Safety program, at least to comply with the civil and criminal laws and thus avoid litigation. This has resulted in the field growing steadily over the past several years, and is expected to grow even further, through the next ten years.
Specialists and Technicians in this field get to work in large private firms or Governments (Federal, State, or Local), where the overall benefits will be much better than in smaller organizations. Most Health and Safety Specialists earn approximately between US $40,000 to US $80,000, while Technicians can expect a salary between US $30,000 to US $70,000.
Why Health and Safety Distance Learning?
Since it is a critical service, the private sector as well as governments demand experience in the field as a prerequisite for employment. This has resulted in a preference for those already exposed to the domain, due to work in an allied field obtained after undergraduate education in engineering, biology, or chemistry. As such, it is very important for those aspiring to be a Health and Safety Professional to undertake simultaneous work in this domain or in an allied field. The best option for such candidates is Health and Safety Distance Learning.
Universities & Colleges Offering Health and Safety Distance Learning
Many Universities and colleges offer Health and Safety Distance Learning courses, but the course names tend to be very different from each other. Tulane University offers three Graduate Degrees in the field, which are distinguished for their real-time, live interaction sessions over the internet. Spanning two years, these courses are Masters of Public Health (MPH) in Occupational Health and Safety Management, MPH in Occupational Health for Health Professionals, and Master of Science in Public Health (MSPH) in Industrial Hygiene.
Indiana State University offers a Master of Science in Health and Safety, with a specialization in Occupational Safety Management. The course delivery is primarily through television, but a weekly personal interaction with the instructor might be necessary.
Montana Tech Graduate School of University of Montana offers an online M.S. in Industrial Hygiene. Featuring advanced study in Occupational Health, the course also equips the students for the certification program by American Board for Industrial Hygiene. Montana Tech makes no distinctions between its regular and online students for this course.
Apart from such prestigious Universities, many smaller institutions also offer Health and Safety Distance Learning. However, prospective students need to ascertain the accreditation details as numerous institutions with poor accreditations also offer these courses.
About the Author
Jim Zorn is web master of the Guide to Distance Learning. Please visit to learn more about online colleges and universities, distance learning degrees, majors and courses offered.
Federal various, declare, and the local laws forbid the discrimination against the employees and the candidates in the general conditions of job. Usually, the laws do it illegal to treat candidates or employees less favorably or differently because they are included in certain "protected from the categories". This means:
All the decisions of job should be based on the matter criteria related legitimate. Certain of the major federal laws and the protected categories under these laws are: •VII of title of the Act of Civil Rights of 1964: forbidden the discrimination against the employees while basing itself on the race, the color, the sex, the religion, or the national origin. •Age discrimination in the Act of Job: forbidden the discrimination on the major basis against any employee that is the age 40 or older.The ADEA was modified by the Oldest Advantage of Workers Protection Act that forbids the discrimination in the advantages of retirement and furnishes conditions of limitations and revelation in some circumstances where an employee or the candidate is asked to abandon certain rights under the ADEA.
•The family and the Medical Leaf Act: demands that the eligible employees are granted the unpaid time of work on the family or medical leaf of even to 12 weeks per year without liable being to the discrimination of work or to the job conclusion to take the leaf. The right to take the leaf applies to time itself of the events as the birth of a child (or the placement for the adoption or encourages the care), care for a member of the family close with a condition of serious health, or the own condition of serious health of the employee.
•The equal act of Salary: modifies the Just work Standards Act and forbid to pay the different salaries to the men and the women that execute the equal work under the substantially similar conditions. •The Americans with the Effective Inabilities: forbidden the discrimination against the employees and the candidates with the true or perceived, physical or mental inabilities and demands employers to furnish reasonable housing to the employees render infirm s for the essential functions of the positions of the employees.
•The civil acts of Rights of 1991: modified VII of Title and, in the summary, widened compensatory and punitive damage availability intentional discrimination. •The act of Discrimination of pregnancy: modified VII of Title and forbidden discrimination while basing itself on pregnancy, delivery, or the medical conditions secured as a form of discrimination of sex under VII of Title. The women affected by pregnancy or the secured conditions must be treated in the same manner that the other candidates or the employees with the capacities or the similar limitations. Most of the states have laws that forbid the discrimination on the same reason that the federal law and some additional one "protected from the categories".For example, several states forbid job discrimination base on the sexual orientation, the sex identity, the exterior political activities, the medical condition, or the test of genetic screening. And there are a lot of local laws that even will more protect from the employees and candidates.If to declare local laws have protections that are the than federal wider law, the covered employers themselves in accordance with the wider protections.
Is the Greece bail-out a good deal?
Three people have died during protests in Greece over planned austerity measures. What do you think of the bail-out? Business Law 42 Employment Discrimination
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Explaining Income And Expenditure Sections Of The Self Assessment Tax Return
A self employed business enters the income and expenses on page SE1 of the self assessment tax return form if the total sales of the business for the financial year were less than 15,000 pounds. Only the totals of turnover, expenses and net profit are required.
Businesses whose turnover has exceeded 15,000 pounds are required to show greater analysis of the income and expenditure. From a practical point of view even those businesses who expect the turnover to be less than 15,000 pounds should also maintain financial accounts which show the increased analysis to both maintain financial control and be prepared to enter the increase3d analysis should turnover exceed the 15,000 turnover threshold.
When turnover exceeds 15,000 pounds totals are required of the sales and business income and then deducted from that total the cost of sales which is split into three categories of expense. Cost of sales is the direct costs of purchases which are resold, these purchases usually being physical materials but should also include any services which are bought for resale.
In particular reference to taxi drivers and haulage contractors the vehicle costs would be included in this cost of sales category as the items being resold are transportation costs. Other types of business who principal business is not the resale of transport would enter vehicle running costs in the motor expenses expense category. Another example would be an IT consultant who purchased and installed software for clients and would enter his software costs as a cost of sale as that is the service they are reselling while other businesses would enter software costs in general administration charges.
Subcontractors costs is the second category while other direct costs makes up the third area of the cost of sales. Other direct costs is a useful category in which to include all costs of the business not analysed elsewhere which are basically the costs of operating the business other than items being purchased for resale. The difference between the turnover and the sum of the three costs of sales categories is the gross profit.
Other income and profits is where the business would enter such items as rental income or for start ups taxable new deal payments. Bank interest would not go in this box as nit can be entered elsewhere on the tax return. Also business start up grants and enterprise allowances would not be entered in this box as there is a separate box in which to enter these receipts.
The remaining and main body of the inland revenue self assessment tax return form concerns an analysis of the expenses. The majority of the expense categories are self explanatory in the title. Additional expense analysis other than the prescribed headings on the self assessment tax return is unnecessary for the vast majority of self employed business.
Employee costs include the wages, salary, pension and employers national insurance contributions for all employees. Also include in this section any costs associated with employees such as recruitment fees and staff benefits. Excluded are the self employed own wages and taxes as these are not included in the inland revenue self assessment tax return form at all being a distribution of net profit after tax not a tax deductible expense.
Premises costs would include rent, rates, gas, electricity, power costs and items associated with the business premises such as property insurance. Also included in this section would be the portion of home costs being claimed as business expenses. Household expenses can be claimed as business expenses to the extent that the costs represent the proportion of the home that is used exclusively for business purposes.
Repairs include the repair, maintenance and renewal of plant and machinery. Vehicle repairs would not be entered in this category but in the motor vehicle category.
General administrative costs telephone, postage, stationery and general office expenses. Also in this section would be included all other general operating costs of the business not entered elsewhere.
Motor expenses include the running costs of the vehicles being fuel and oil, repairs and maintenance, tax and insurance, parking charges and membership of breakdown services. Parking fines should not be included as these are legal fines and not deductible expenses.
Travel and subsistence includes all travel costs excluding those included in motor expenses. Typically these items would be air and train fares, toll fees, hotel costs and subsistence costs incurred on business journeys. Receipts should be presented for all subsistence costs claimed where possible.
Advertising, promotion and entertainment expenses include all types of expenditure related to the promotion of the businesses products. Entertainment of clients to obtain business is allowed while the entertainment of staff is not and is a disallowed expense on the self assessment tax return.
Legal and professional costs include all professional fees and bills. These would include accountants, solicitors, surveyors, architects and other professional bodies. Also included in this section would be indemnity insurance.
Bad debts are sales made and included in turnover where a decision has been taken that the outstanding unpaid sales invoice will not be paid. A general percentage of sales is not acceptable and if included in the accounts is disallowed on the inland revenue self assessment tax return. The items entered being specific debts. Normally any debt that is 6 months overdue would reasonably be considered as a bad debt.
Interest and finance payments includes bank interest paid on loans and overdrafts, credit card interest and any payments made to raise finance to fund the business operations.
Other finance charges are entered in a separate category. Other finance charges would include bank and credit card charges, hire purchase and lease charges other than property leases.
Depreciation charges include the cost of writing down the value of the asset in the business accounts. As depreciation of fixed assets is a management decision and has no foundation in tax law then the value of depreciation charged against profits is disallowed for tax purposes and replaced in the calculation of tax payable by capital allowances.
The final expense category is other expenses. Enter in this category any other business expenses not entered in the other categories. As the other categories are reasonably comprehensive and sufficiently general for the vast majority of expenditure to be entered it would be regarded as unusual if any significant sums of money were to be shown in this category.
A significant level of expenditure unusual for that category may give rise to an inland revenue enquiry into the self assessment tax return and this is particularly the case of significant expenditure being shown as other expense items.
Tax adjustments to the net profit and loss are where disallowed expenses are entered. Disallowed expenses being items such as the business expenses already entered of which there was personal use, and generally all expenses which have been included that were not wholly business expenses. These would include for example meals paid by the business not classified as client entertainment except where incurred on overnight trips.
Also disallowed is the depreciation charge on fixed assets which as stated is replaced in the tax calculation by capital allowances. Balancing charges being capital allowances on assets sold where the price obtained exceeded the written down value of the asset and entered in the capital allowance section of the self assessment tax return.
Added back to net profit are capital allowances that are claimed by the business. The capital allowances in effect being the tax allowance that replaces the depreciation charge.
A number of potential adjustments can also be entered in the next section which is the adjustments to arrive at the net taxable profit or loss. These adjustments are variable in nature and very much dependent on the adjustments required when the basis year has been changed or past losses are claimed to offset the net taxable profit.
The final section of the self assessment tax return is a list of the business assets and liabilities at the end of the financial year. Completion of this section is optional and should only be completed by those businesses that have produced a balance sheet as part of the accounts. In effect this section is the totals of assets and liabilities taken from the balance sheet and should represent the increase or decrease indicated by the net profit being declared by the business.
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How Do I Find Good Employment Law Firms in Los Angeles?
Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.
This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.
As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles’ employment law firms which specifically handle employment-related disputes.
Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.
How to Choose the Right Firm
Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.
In selecting a firm, several considerations must be taken into account. These are some of them:
1. Choose a firm that focuses on employment cases.
Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm’s concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.
2. Consider the firm’s financial and staff resources.
Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.
A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.
3. Select a firm that has top caliber attorneys in its list.
Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.
4. Check firm’s record of accomplishment.
Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.
Choose a firm with exceptional experience, expertise, and ample resources.
5. Select a firm that is committed to its clients.
Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.
A firm should also address its clients’ needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.
6. Choose a firm whose lawyer appears regularly before the judge.
Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.
Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to our website and have your case evaluated.
About the Author
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
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Easy - 8 Reasons Why You Can Achieve A Distance Degree From Home
Is your career stuck in a rut? Need qualifications but can't afford to give up work to go to university? Well fear not, you can learn direct from home with a distance learning degree and the good news is it's even easier than ever. Here are eight reasons why:
1. No prior experience or qualifications necessary
Often, you can study a distance learning degree without the school certificates that universities look for. Courses are fully-comprehensive and are taught in bite-sized modules.
2. It's affordable
If you want to learn direct from home, it needn't break the bank. Many providers of distance degrees offer flexible payment schemes. Plus, you won't have to give up your job.
3. Learn direct from home in your own time
Studying a distance learning degree means you can achieve that psychology, business, law or education degree that you've always wanted - without having to attend classes. Learn direct from your own home and fit your studies in around your life.
4. Study at your own pace
You have the choice of when and where you want to study and you can take as long as you want with it. So, if you have family or work commitments, an hour or two in evenings and weekends may work best for you.
5. Full support from a personal tutor
Studying a business or education degree at home doesn't necessarily mean studying alone. Many distance degree providers, such as ICS, allocate you a personal tutor. They'll help you plan your studies, answer any questions and are only a phone call or email away.
6. Access to an online student community
Even though you are studying at home, you can still feel part of the student community. Some distance degree providers have created an online community, where students can give each other help and support.
7. Gain a nationally-recognized qualification
Many online providers of distance degrees are fully-accredited with "bricks and mortar" universities. ICS distance degrees are offered in conjunction with the University of East London, so you can be sure that law, business, psychology or education degree is a valid one.
8. Enhance your career prospects
Not only will you be more qualified, but the ability to learn direct from home shows you have personal skills too. Employers will be impressed by the time management skills, self-motivation and self-discipline required to complete a distance learning degree.
About the Author
This article was written by Tony Head on behalf of ICS - the world's number 1 provider of home learning courses and distance degrees. You too can learn direct from home and get that degree you've always wanted. Visit http://www.icslearn.co.uk
to see the range of degrees, including business, law and educ
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HUFFPOST HILL - MAY 7, 2010
What's Your Reaction? While most folks decompressed for the weekend, others prepped themselves for major career changes. CCH Employment Law Daily
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I submit the following, on a per-substance basis, which of the following is the worst consequence.
1) Immediate side-effects (including environmental risks).
2) Risk of addiction.
3) Long-term side-effects.
4) Prosecution by law (being blacklisted for employment, benefits, adoption, scholarships, etc.)
The purpose of this question is to determine the perception of the probability that a person can be fully-functioning member of society and socially responsible though having had used drugs.
How fairly and justly would the following persons being prosecuted for illegal substance use be served?
1) A first-time user by detection (screening).
2) A first-time user by possesion.
3) A regular user. (No outside offenses - assault, petty theft, robbery, vagrancy etc.)
4) A regular user. (With outside offenses)
5) An addict. (Without outside offenses)
6) An addict. (With outside offenses)
When is it a "misdeanor" (out-of-character) or a "felony" (inherently criminal).
If you want to determine the perception of the probability that a person can be fully-functioning member of society and socially responsible through having used drugs...
... Then find me an addict who does a great job at work instead of looking for ways-and-means to get high.
Here's a website for you to view. Click on "Mother".
You could argue that the kid functions. He can talk, walk, steal, hit and make rational decisions. By all accounts, he "functions".
[mage lang="" source="flickr"]california employment law links[/mage] Employment Law: Paying to hourly consultant (part time) - Tax Laws?
I am in California and thinking of starting a business where I will charge my customers for the services I offer.
However, these services will be offered by pool of moon lighters (registered service providers on my site - most of them working part time for hourly wages). These service providers will be paid for their hours used (no project no payment basis). They are not full time and I am not providing any benefits to them.
Q1: Is this a legal business model? What about 1099 or W-2? Do I need to give them soem kind of tax document at the end of a year?
Q2: Do I pay employer part of taxes for these temp consultants?
Any more details with some links will be appreciated.
Thanks
Just FYI - My business is web based services (services are offered by web based service providers) - If this makes any difference in your answer.
This is a legal way to operate. If you pay any one person $600 or more in a year, you would provide them with a 1099 and report what you paid them to the IRS. Each of the people should fill out a W-9 form before they get any payments from you. They are independent contractors, and you wouldn't be responsible for employer taxes.
I don't know what the rules might be for CA taxes - the above is for federal.
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Don't Seek Higher Education When Trying to Build Wealth! Here's Why
One of the most important determinants of building wealth during your educational life would have been a solid course in the history of education. Why? Because a solid understanding of the roots of institutional education would enable you to realize that most education puts you in debt at the same time as never teaching you how to build wealth. Henry Ford once stated that it was a good thing that people in America had no understanding of how banks truly worked because if they did, there most likely would be a revolution by tomorrow morning.
This statement still holds true today. 99.9% of people, even the very people employed by banks, have no true understanding of how banks control economies. Think that banks in the United States actually keep the stated 10% of the Reserve Ratio Requirement (RRR) in their reserves? Think again. As well, most people have no true understanding of how educational institutions work. If they did, many people would realize that formal education can often hurt their ability to build wealth even more than it helps.
Most people, no matter where they are educated, go through their educational life learning to become robots. The "authority" figure tells them that A+B = D and if the student disagrees and argues that A+B = C, then his or her reward is a less than satisfactory grade. So students spit back what the teachers tell them to think, they receive good grades, and for their obedience, are later rewarded with a good job. It's a perfect process to produce the perfect cog in the machine, the pod people represented in the film "The Matrix".
How Educational Institutions Feed into the Debtor System
More times than not, to attend higher education at a top ranked global institution, one will accrue between USD$80,000 to USD$200,000 in debt by the time one graduates, in essence trading an "elite" education for a lifetime of debt. Even if a family is wealthy enough not to accrue enormous debt to send their children to the top schools in the world, their child, before he or she even graduates, needs to start establishing "credit" if he/she ever wishes to successfully apply for a car loan or a home mortgage after graduation.
However, "credit" is an extremely funny choice of words considering that to establish good "credit", one has to rack up lots of debt. If you don't rack up lots of debt and in turn prove that you can pay off this debt responsibly, then you will have "bad credit" instead of "good credit". And without "good credit", even if you have $1 million of "credit" in the bank, you'll have no credit. And with no credit, you won't be able to get a car loan or a home mortgage. Not even with $1 million in the bank. Not unless you offer your money as collateral for a secured loan.
Credit cards should be renamed "debt cards" and institutions of higher learning should be renamed "institutions of higher debt" so at least every innocent, bright-eyed 18-year-old has no misconceptions about the dark side of credit cards and institutions of higher learning. The moneyed elites founded almost all of the top universities in every country in the world. If we look at the founders of the U.S. educational system, the moneyed elites founded Temple University, Vanderbilt, Johns Hopkins, Cornell, Duke, the University of Pennsylvania, Columbia, Harvard, and Stanford just to name a few. In the seminal book "Education and the Rise of the Corporate State", Joel Spring wrote that "the development of a factory-like system in the nineteenth-century classroom was not accidental". Russell Conwell, a member of the wealthy elite, validated Spring's assertion with statements he made before he founded one of America's oldest educational institutions, Temple University:
"The men who get rich may be the most honest men you find in the community...Ninety-eight out of one hundred of the rich men in America are honest. That is why they are rich. That is why they are trusted with our money...It is because they are honest men....the number of poor who are to be sympathized with is very small. To sympathize with a man whom God has punished for his sins....is to do wrong."
That is one of the most ridiculous statements I have ever read in my life but yet the American educational system was largely founded to sustain a caste system of rich and poor. In the late 1800's and early 1900's, masses of students were trained to conform in their thinking and any dissent to the teachings of these universities was discouraged and punished with poor grades. If you were rich, it was because you were a good person. If you were poor, you deserved your fate, because poverty was a sinner's fate. Even though this was a hundred years ago, not much has changed with the "modern" educational system. For the most part, in classrooms all over the world, conformity is still "King".
How Traditional Education Kills Critical Thinking, the Most Important Skill to Build Wealth
As an example of how yesterday's psychology is still applied in today's classrooms, I distinctly remember a university course in which I strongly dissented with the professor's opinion. The professor's argument just didn't hold any weight in my mind. Though I crafted entirely well constructed arguments to support my dissenting view on the next exam, the professor "rewarded" my critical thinking with a C+. On the following examination, having learned my lesson, I spat back exactly what I knew the professor wanted to hear. For my utter lack of critical examination of any of the key issues, I was rewarded with an "A". This lesson in conformity occurred within the "revered and hallowed" halls of an Ivy League institution, and such manufactured conformity spills over into the corporate world once these institutions graduate their students.
If Copernicus had accepted the Catholic church's teachings that the earth was the center of the universe, people would have continued believing that the sun circled the earth for a hundred more years. If the Wright brothers had accepted the universal belief that flying was for birds only and quit due to the ridicule heaped upon them for their "unachievable" pursuits, we still might not be able to fly today. To illustrate how blindly people accept what they are told, recently I read an article where astronomers agreed that Pluto is not a planet, so they stripped Pluto of its accepted planetary status since 1930.
But when I was a kid going through school, if you didn't mention that Pluto was a planet on a science exam, your answer would have been marked wrong. Even if you gave the same exact arguments that astronomers gave today, you would have been wrong. Your teacher would have told you, "Look, it's in our science book. Pluto is a planet," and another lesson in conformity would have taken place. If a hundred years ago, somebody started teaching the world that the moon was made out of cheese, everybody today would believe the moon appears as a yellow orb in the sky because it is made out of cheese. It is only when universally accepted beliefs are shunned that groundbreaking progress is possible.
This slow death of critical thinking skills then places financial institutions back in control. They tell you Strategy A is the only way to invest, and since the five different investment firms tell you the same thing about Strategy A, you believe that Strategy A must be the best way to invest. So apply critical thinking and question everything when it comes to your investment life and you just may discover that what you have believed to be true for the past 20 years is wrong. Critical thinking was what made the invention of my proprietary SmartKnowledgeU(tm) long tail investment strategies possible and critical thinking is what will make you a better investor.
Traditional Education Does Not Provide Any of the Courses You Need to Understand How to Build Wealth
If I owned a revered institution of education, I would teach at least 10 courses that aren't currently offered by any traditional universities: (1) The Long Tail of Investment Analysis 101; (2) The Long Tail of Investment Strategies 101; (3) Gold and Other Precious Metals; (4) Major Global Currencies and Their Effects on the World Economy; (5) Investing in Hard, Tangible Assets; (6) How to Leverage Money; (7) How to Identify the Debtor System and Beat It; (8) Corporatocracies: The Relationships of Governments, Banks, and Corporations; (9) Who Controls Money Flow Around the World; and (10) The Myths & Lies of Global Investment Firms.
Every single one of these course would be a thousand times more helpful in building wealth than Economics 101 or Marketing 101 type courses that are currently offered in the venerable halls of our elite learning institutions. Yet no one seems to want to offer them. Could it be that those that benefit from this knowledge have no intention of ever sharing it with the masses? This is exactly why I founded SmartKnowledgeU and why I strongly believe that formal education is only worthwhile if you are pursuing a career that requires a specialized degree in medicine, engineering, architecture, law and so on.
Otherwise, years of liberal arts educations or even attaining a business major is pretty much useless in helping you build wealth. I have never used anything I learned about marketing theory, economic theory, statistics theory from business school in buiding wealth. What I've learned outside on my own time, comprised of the ten courses above, is what I've found to be useful.
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TORONTO, ONTARIO-- - Just Energy Income Fund - Who Rules America? (Part 5)
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Dundee Is Famous For Jute, Jam
Dundee flourished between 1700 and 1900 primarily because of the jute industry. At one time it was said that there were more millionaires per head of population in Dundee then anywhere else in the world!
At one point, jute employed more people in Dundee then all the other industries combined. Then due to competition from Asia the jute industry slowly died a death. Now there are only a few people employed in the jute industry in Dundee.
Verdant Works is a restored working museum where jute is still produced today. You can see for yourself how jute was manufactured and learn more about the rise and decline of the jute industry. At its peak over 500 people were employed at Verdant Works. Conditions must have been tough for the workers because the factory is not that large!
It has been said that marmalade was invented by Janet Keillor. They had ordered Oranges from Seville which arrived late sometime around 1700 and were very bitter. Janet Keillor managed to make the original recipe for marmalade. Her son then developed the recipe further and made Keillor's jams and marmalades famous throughout the world.
This story is probably not one hundred percent true as some types of marmalade were probably being eaten in Spain and Portugal before this late shipment of bitter oranges arrived in Dundee. Marmalade is a sweet sticky condiment that tastes great on toast at breakfast time. It is not to everybody's liking though with many people and especially children who find it unpalatable.
Although Dundee was famous for its jams the number of people employed in the industry was small compared to jute and journalism. As competition grew in the late 1900s the factory struggled to make any profits. The Keillor factory was bought by the Okhai family in the 1980s but they were unable to make the business profitable and it eventually closed down.
Journalism still thrives in Dundee today. The business owned by the DC Thomson family created many famous characters including Dennis the Menace, Desperate Dan, Billy Whiz and the Bash Street Kids. They publish The Courier newspaper, Sunday Post, Scots Magazine, Weekly News as well as the Beano, Dandy. According to their own figures they publish over 200 million newspapers and magazines each year.
Dundee at its peak had over two hundred thousand people living and working in the city. As the industry has slowly died younger people and especially graduates are leaving to work in the larger cities. Now it has a population of around a hundred and forty thousand.
Dundee is a beautiful place to live sitting on "the Banks of the Bonny Bay." The Law is at the centre of Dundee and was at on point an active volcano. Now you can drive up to the top and from this vantage point see all the four corners of Dundee.
Dundee is a great place to visit if you want to see Scotland. Aberdeen, Edinburgh and Glasgow are all within an hours reach. Perth and St Andrews (the home of golf) are both within twenty minutes drive.
How likely am I to have to take a pre-employment drug test?
Okay... I'm not gonna lie, I smoke a little pot now and then, and I'm looking for my first job... they're mostly at places such as McDonalds, Walgreens, Food Lion, etc. The possibility for a drug screening has got me nervous... I did a little reading on Maryland State Law for this, and it all seemed so cryptic. I don't display any obvious signs of a pothead... so how likely would it be that I take one? Do they have to have a reasonable cause for suspicion?
If the company has a policy of pre-employment drug testing, yes, they can tell you that you have to take a drug test....if you want to get hired. If you don't want the job, you tell them no. They don't need reasonable cause to send you for the drug test because they test ALL new/potential hires and its perfectly legal, in fact, its widely practiced by many employers.
Political dynasties
There was a metaphorical elephant inside the hall during ABS-CBN’s Harapan (face off) last Sunday. Sadly, the elephant went largely ignored. Lawline.com Legal Tip of the Day: Advantages of an S Corporation
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By citybizlist Staff RADNOR/PHILADELPHIA -- According to a Reg D filing with the U.S. Securities and... hottest college girls
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Read City Hall reporter Doug Schmidt's blog about a Grade 5 class that set council straight about what to do with the infamous Chimczuk musem fund. Key to Using the Law of Attraction - Lesson 10
Can someone help me with this Business law 10-page paper please?
I need to write a 10-page paper for my intro to business law class, and I can pick any topic. I choose Equal Opportunity In Employment, but I am having trouble finding sources( I need six, with a max of 3 internet sources). Do you think this is a good topic? If no, what topic do you suggest?
Hi
I consider it to be a good topic.
Equal employment opportunity refers to the approach of the employers to ensure the practice of being fair and impartial in the employment process. *The term "Equal Opportunity Employment" was first given by President Lyndon B. Johnson when he signed Executive Order 11246 which was created to prohibit federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin*. The scope of the order also covered the discrimination on the basis of the minority status.
Discrimination in employment
Discrimination refers to the any kind of prejudice, biasness or favoritism on the basis of
disability
race
age
sex
sexuality
pregnancy
Marital status
in employment. No person should be treated less favourably than any other on the basis of the specified issues above. Many countries (like SA) have already implemented Equal Opportunity Act, making it against the law to treat anybody unfairly.
Equal employment opportunity is necessary to ensure:
To give fair access to the people of all development opportunities
To create a fair organisation, industry and society.
To encourage and give disadvantaged or disabled people a fair chance to grow with the society
In writing your paper, you can deal with following points and issues -
1. Earning from employment is the major source of survival
2. Prejudices do exist between Employer and Employees
3. History of stautes made in last 100 years in this regard
4. Government is the biggest Employer
5. Leading cases
6. How the law has helped resolving the discrimination
Following may be of further help to you in writing paper on `equal opportunity in employment' without regard to race, religion, color, sex, disability, national origin, ancestry, or age. -
I am currently a student, working on my Bachelor's in Applied Psychology & Human Services. I am also employed full-time as a Direct Support Associate for developmentally disabled adults. This is a non-medical position and I work in a day vocational program. What things can I do to diversify my resume for grad school(Masters in Social Work and/or Law) or to gain more lucrative employment after graduation? I have also signed up to become a CASA volunteer. I want to be well-rounded in my experience, but I do not want it to look like I'm doing too much. I need to do something that is meaningful and helps me gain knowledge and experience. What are your suggestions?
Thanks in advance...
Talk with your academic adviser. That's what I am doing. I am going into the medical field, but for me I will be applying for nursing school after I reach a certain amount of credits I complete in college. I was advised to get the application for the nursing school and look at what the questions are, and also see what they will require. This will prepare me to know what I could do to really get my foot in the door. But your academic adviser will help you, or direct you to getting answers to your questions.
USF School of Law Legal Employment Symposium Panel I
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An Introduction to Two Innovative Medical Careers
In the United States, Physician Assistants (PAs) are non-physician clinicians licensed to practice medicine with a physician's supervision. This supervision, in most cases, need not be direct or on site and many PAs practice in remote or underserved areas in satellite clinics. PAs can treat patients and, in most states, prescribe medicine, and in some states in the US they carry a DEA number that gives them authority to prescribe controlled medications like narcotics. PAs in surgical practices also serve as first assists in surgery. PAs provide medical services that are reimbursed under Medicare and third party insurances.
Physician Assistants held about 65,000 jobs in 2005. The number of jobs is greater than the number of practicing PAs because some hold two or more jobs. For example, some PAs work with a supervising physician, but also work in another practice, clinic, or hospital. According to the American Academy of Physician Assistants, there were about 58,665 certified PAs in clinical practice as of January 2006.
Just over 56 percent of PAs worked in the offices and clinics of physicians in 2005, either allopathic or osteopathic. About 36 percent were employed by hospitals. The rest were mostly in public health clinics, nursing homes, schools, prisons, home health care agencies, and the United States Department of Veterans Affairs. According to the American Academy of Physician Assistants, about 17 percent of all PAs provide health care to rural communities and those with fewer than 20,000 residents, in which physicians may be in limited supply.
In 2006, there are more than 130 accredited PA programs in existence in the United States. They are all accredited by one body—the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA). A majority of them are master's degree programs (requiring GRE for entry), but some are available as an undergraduate major. A number of these undergraduate programs are making a transition to graduate level training.
A Physician Assistant may use the post-nominal initials PA, RPA, PA-C or RPA-C, where the R indicates Registered and the C indicates "Certified." The "R" designation is unique to only a couple of states; most Physician Assistants use the PA-C. The certification is granted by one certifying body, the National Commission on Certification of Physician Assistants (NCCPA).
Physician Assistants and Nurse Practitioners both provide similar services in most states, the major distinction being that nurse practitioners are registered nurses by trade. Nurse Practitioners require more training than physicians assistants, such as a Masters Degree in nursing. Both are also known as Advanced Practice Clinicians (APCs) or mid-level practitioners (MLPs).
PAs should not be confused with Medical Assistants, who perform routine clinical and clerical tasks in a physician's office. A Medical Assistant (MA) is a multi-skilled allied healthcare practitioner who is competent in both a wide variety of clinical and laboratory procedures, as well as many administrative roles. Medical assistants have been described as healthcare's most versatile, multifaceted professionals. Medical Assisting is an allied health profession whose practitioners function as members of the health care delivery team and perform administrative and clinical procedures.
Formal education of medical assistants usually occurs in vocational or technical institutes, community colleges, proprietary schools, or junior colleges. The course length usually ranges from 1 to 2 year programs, complete with externships. The curriculum presented must always be accredited if its graduates plan to become either certified or registered. In 2002, there were 495 medical assisting programs accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) and about 170 accredited by the Accrediting Bureau of Health Education School (ABHES). Accreditation by either CAAHEP or ABHES usually requires that the schools curriculum provide sufficient classroom, lecture, and laboratory time (if applicable) to each of the courses below.
Administrative Courses
Computer Applications
Manual Recording of Patients' Data
Scheduling Appointments
Maintaining medical Records
Word Processing/Typewriting/Keyboarding
Coding/Insurance
Telephone Triage
Personnel Management
General Courses
Anatomy and Physiology
Behavioral Psychology
Pathophysiology
Medical Terminology
AIDS/HIV
Patient Education
Medical Law and Ethics
Clinical Courses
Phlebotomy
l Medical Asepsis/Infection Control
Pharmacology/Administration of Medications
Assisting Techniques/Physical Examination
Assisting with Minor Surgery
Basic Laboratory Procedures/Routine Blood and Urine Testing
Cardiopulmonary Resuscitation (CPR)
X-Ray Theory and Positioning
Electrocardiogram (EKG)
Certification is a voluntary process which is strongly backed by the AAMA and a number of other well respected certification bodies in the USA as a way to guarantee competency of a medical assistant at a job-entry level. However, in order to be eligible for certification one must attend a school which has been accredited by either CAAHEP or ABHES. Certification is usually achieved by taking a test issued by the National Board of Medical Examiners and AAMA, or AMT, or NHA and is offered twice yearly, simultaneously, at over 200 different test sites across the United States.
Successful completion of the rather intense exam earns the taker the proper credentials to become a Certified Medical Assistant, or CMA. National certification is legally required in order for any medical assistant to adhere to CMA status. The title CMA then follows postnominally.
Recertification must occur every 5 years in order for one to maintain their credentials. There are two ways to do this; one may either continually earn continuing education hours by attending CMA meetings, conventions and seminars, or by completely retaking the initial exam to prove they still possess a certain level of knowledge.
A medical assistant may choose another possible credential over CMA, and become a Registered Medical Assistant (RMA) instead. Again, credentialing is completely voluntary. The American Technologists (AMT) agency is responsible for certifying MAs who choose this course.
AMT first began offering this certification in 1972 on the months of June and November, through a computerized exam, much like the one offered by the AAMA. AMT therefore has its own conventions and committees, bylaws, state chapters, officers, registrations and revalidation examinations.
To become eligible to hold the title of RMA a student must be at least 18-years-old, pass a medical assisting curriculum at a school accredited by either ABHES or CAAHEP and possess a minimum of 5 years experience. The initials RMA then follow the individual's name.
RMAs have historically been very active in legislation, seeking protection for medical assistants, as well as continuously encouraging improved educational curriculums.
Documents related to council investigation remain sealed
Multiple Open Public Records Act (OPRA) requests denied, citing 'attorney-client privilege' CompBob! - A psychiatrist conducts a simple test
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Accident Lawyer New York Fights for Everything You are Entitled to
In New York, where there are so many people, accidents can happen all the time. Accident lawyers New York specialized can find much work. For one thing, anyone can suffer an accident, which may be someone else’s fault. Also, with the amount of cars in New York City alone, car accidents can be very common. Work place injuries are another unfortunate common occurrence. Accident lawyers New York conscious have a plethora of work available to them.
Random accidents happen all the time especially in New York. When these accidents occur because of someone’s negligence, an accident lawyer New York specialized can help. Some laws involve residential areas. When buildings are in violation of health codes for instance, the landlord is at fault. An accident lawyer New York minded can help to prosecute these landlords. Also in commercial areas, people can suffer from improper upkeep. Owners who do not follow the government laws and regulations can passively cause customers to be injured. Sometimes, these injuries can even be severe enough to affect peoples’ jobs. Since oftentimes people have little money and no savings, not working can be very harmful. Accident lawyers New York specialized have had plenty of experience in these matters.
Another kind of accident that accident lawyers New York specialized have had tons of experience with is car accidents. With the amount of cars on the road these days, car accidents have become common through the country. In New York City alone there are thousands of accidents each year. Car insurance should help all of these people with their claims. When they try to avoid handling the claims, accident lawyers New York specialized know how to properly litigate insurance companies. Accident lawyers New York specialized are sometimes needed to help defend people in car accidents when they are at fault. Penalties for driving under the influence can be very severe and a person needs the proper legal representation.
An unfortunate common occurrence in New York is lawsuits due to unsafe work areas. Accident lawyers New York specialized are very familiar with work place accident suits. There are many ways in which places of employment can be unsafe. The government has many laws in place to protect employees. When employers don’t follow these laws and accidents occur, then they are at fault. Employees can then seek reparations. Accident lawyers can help to get the employees money to cover their medical bills caused by an unsafe work environment. Sometimes these injuries can be lasting. Mezotheleoma, caused by asbestos insulation has become a very serious problem. Accident lawyers New York specialized have had plenty of experience with this. Sometimes employers are reluctant to let their employees use disability. Lawyers can make these people, through litigation, pay their employees what they have earned.
About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as Car accident, automobile accidents. To know more about Accident lawyer New York, accident lawyer New Jersey,New York car accident lawyer and New York auto accident lawyer, visit www.nbraccidentlawyer.com
Disability and Law: Work Incentives DO work (Part 1)
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How to Do Hypnosis - Find a Course Online
If you're interested in learning how to do hypnosis, you should know that you're not alone. More and more people everyday are discovering how to use hypnosis in their everyday lives. It is a lot easier than you might think and there are tons of resources available online to help.
And if you'd like to learn the best ways to use it, a conversational hypnosis course might be the best bet for you. There are classes available in a traditional setting as well as through distance learning. Distance or classwork both are great options for learning conversational hypnosis.
What conversational hypnosis really comes down to is hypnotizing and influencing people in everyday interactions. Your use of tone of voice, choice of words and other appeals to the emotions tells them subconsciously what to think and specifically how to feel about particular subjects. It's possible to change the way people think, their actions even, without any realization they've been hypnotized.
There are many conversational hypnosis courses if you are interested in the subject. Research on common search engines such as Google will provide you with hypnosis teachers near you, and after finding several you can contact them to find out if conversational hypnosis is covered in the class curriculum.
There are many conversational hypnosis classes that fit the schedule of a full time employee, including weekend classes. A weekend conversational hypnosis course allows you to learn this great technique without taking time off or revealing the nature of the classes to your boss. This will, of course, allow you to practice your new skills at work.
There are complete distance conversational hypnosis courses that you can order consisting of ebooks, dvds, CDs and books if you prefer to learn at home. The courses give you all the skills you need to get started with conversational hypnosis. If you are planning on using conversational hypnosis on or with your friends and family, this could be the most efficient, or best way for you to get started without them knowing it
Conversational hypnosis is a skill that can only be perfected with practice. To have the best possible outcome, you will need to practice constantly and refine your skills. Conversational hypnosis can provide you with many opportunities if you have enough patience to learn.
Begin by selecting a conversational hypnosis course that fits your learning style. Conversational hypnosis can be used almost anywhere you want to employ it.
You can influence your boss, win an argument with your boyfriend or girlfriend, or even finally impress your hard to please in-laws. Imagine the how much stress you can eliminate from your life using simple techniques. Worlds that you've never thought of will be open to you with the use of your conversational hypnosis skills and techniques.
Good luck -- with a little bit of practice, you'll soon learn how to do hypnosis, and then you'll be a force to be reckoned with!
About the Author
Want to learn how to do hypnosis
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Despite state budget cuts to other youth summer jobs, county continues its programs
Many of the school budgets on ballots Tuesday cut teachers and services due to lower state aid, and students in many districts will return next fall to fewer educational and extracurricular choices. CompBob! - Old age over youth triumphs again
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Simon Rutega is currently the Chief Executive of Uganda Stock Exchange, a job he will continue to hold until June this year when he retires. His job at the Stock Exchange has already been advertised in the press as vacant, giving credence to his likely departure for another employment. Quick Editing test.
Ohio University Sorority Party Being Investigated
An attorney says the Parkersburg Art Center sustained $46,555 in damage from the sorority's winter formal March 6. News Conference on SB66 - Part I
Can companies require candidates to have an MBA from a top 10 ranked school? This seems elitist to me.?
I have all the job requirements (an MBA and the required work experience), but my degree is not from a top 10 school. The online questionnaire specifically asks this question, so I have a feeling my application will be screened out. This does not seem fair - anyone with equal employment law background able to comment?
I would go ahead and apply, be honest about where your degree comes from. If they do not hire you then that is the way it goes. It may seem elitist, but with the job market the way it is today employers can be picky as there are so many candidates on the market. It's not illegal for them to ask you the question, and I would bet they would tell you the reason why you were not hired is something other than this. (They won't admit it would be the only reason to say no)
Why Study Law? Employment After Law School.
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Mismatched Social Security Numbers: an Employer's Dilemma
A federal district court judge from the Northern District of California ruled that the government cannot use mismatched Social Security data to root out illegal immigrants from the workforce, declaring that such enforcement actions would do 'irreparable harm to innocent workers and employers." Judge Breyer issued a preliminary injunction temporarily preventing the Department of Homeland Security from beginning a program to punish companies that do not clear up discrepancies between their workers' names and Social Security numbers within 90 days after receiving a letter from Social Security advising them of the discrepancy.
What does this mean for employers? What should they do if they are faced with an employee's name that does not match the Social Security Number? Employers have to tread lightly in California in summarily terminating employees because of discrepancies in Social Security numbers. Mismatched Social Security data could be evidence that someone is unauthorized to work, or it could also be caused by a typo or name change. If an Employer takes the position that an employee with a mismatched Social Security number is unauthorized to work and therefore should be terminated, the employer is looking for trouble.
First, the new Homeland Security provisions place a burden on employers to comply with a new 90-day time frame for resolving mismatches. The scope of the rule would have staggering effects on employers, prompting them to develop costly personnel systems and fire workers who may be legally employed, thus exposing them to liability for wrongful termination. The liability exposure for employers summarily terminating employees with mismatched numbers could be staggering.
Under California law all individuals who have applied for employment or who are or who have been employed in the State are entitled to all protections, rights, and remedies available under state laws, except any reinstatement remedy prohibited by federal law, regardless of immigration status. The law further provides that for the purposes of enforcing state employment and civil rights laws, a person's immigration status is irrelevant to the issue of liability. No inquiry is permitted into a person's immigration status except when necessary to comply with federal immigration law.
All employers are required to have an employee execute an INS I-9 Employment Eligibility Verification and give documents verifying his or her legality to work. An employer complies with the verification requirements for document examination if the documents reasonably appear on their face to be genuine. An employer is not required to further investigate the authenticity of documents that meet that criterion. An employer is liable for accepting documents if the employer knows or has reason to know that the documents are false.
In summary, if the employer knew or should have known, because of the availability of certain information, that the applicant alien held an unauthorized status and had no right to work, the employer will be held liable.
The new Homeland Security provision basically takes the employer's duty further than just asking for verification to work in the United States, but makes an employer an INS agent by requiring the employer to investigate the validity of documents presented for verification.
Will employers begin to target certain ethnic and racial groups and systematically not hire them, because they are known by the employer as a group that receives mismatched social security letters? Even if a mismatch letter is sent, this does not give the employer the right to terminate. If an employer receives a mismatch letter, the employer should re-verify work authorization by allowing the employee another opportunity to present acceptable documentation and complete a new I-9. If the employee is unable to produce acceptable documentation, then an employer may be faced with termination of the employee's employment to avoid penalties for 'knowingly continuing to employ' an unauthorized worker. However, if the employee presents the same documentation for a new I-9 and maintains the documentation he or she originally provided to verify the first I-9 is valid, an employer is still taking a substantial risk in terminating.
In California, employers have been exposed to large monetary judgments because they use the mismatch letter as an excuse to get rid of employees who are foreign born, or want to take leave, such as pregnancy, after they are employed. Do not think a mismatch letter gives an employer carte blanche to exercise their authority to terminate, especially if the employee is a member of a protective class. It is time that the federal government adopts comprehensive immigration reform and work in partnership with American businesses to ensure compliance with reasonable measures which do not over burden the employer, especially the small business. As the law exists now, a mismatched social security number and name places an employer in a dilemma as to terminate or retain an employee, and when doing either, is faced with liability.
About the Author
Elizabeth A. Moreno is a mediator and arbitrator and is a principal of Centurion Mediation, LLC which provides quality mediation for less than $300 per hour at a location convenient to the parties in the Los Angeles, California area. Ms. Moreno has mediated and arbitrated over 300 matters. She is serving a three year appointed term with the State Bar of California ADR Committee. Ms. Moreno practices in the following areas Insurance, Personal injury, Employment, Business Disputes,Real Estate, Malpractice, and Residential Construction Defect.
California Employment Attorneys, Employment Lawyers, Wage Class Action - Carter Law Firm
