Employment Discrimination Lawyers and Labor Law Lawyers

How important is Law Review?

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.

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

Driver's License AND State ID. Can one individual have both from two states?

Assume for argument that Mr Otto, is a homeowner in State A. He pays property taxes in State A and Votes in State A. His Operator's license in from State A.

This is a very interesting question Mr B. I can conceive of a number of my friends who could fit into this situation. I not being a lawyer do not know the answer.

I do think you may get yourself into a BATFE catch-22 if you try to buy a weapon and you may have problems buying on in both states.

BATFE Form 4474 Q 13 asks for "State of Residence" it qualifies that you have to had resided in the state for 90 days.
This six page form de jour or form de caprice of the BATFE scares most FFL's to the point they may not wish to sell you a firearm.

Could an actual attorney-at-law provide a definition of "state of residence"?

Gender Discrimination

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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?

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

Sylvania Resources - Policy for Trading in Company Securities
Sylvania Resources - Policy for Trading in Company Securities
Ashurst - Topical employment law newsletter (October 2009)

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How can this be from our beloved 0bama?

7 Months After Stimulus 49 of 50 States Have Lost Jobs
America Now Over 6 Million Jobs Shy of Administration's Projections
Wednesday, October 21, 2009

Funny, Not even1 trillion dollars can create jobs, when you give it to the Government ! Not that we gave it to them, they just stole it from our children and grand children !

Tamil Language mandatory in the State sector 26. 06. 2009- ITN News Sri Lanka

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Close Ohio gay-rights vote mirrors national debate
Thirty years ago, a vote like the one just decided in this university town wouldn't have happened; gay-rights activism hadn't taken root across most of America. Thirty years hence, such votes may seem a historical curiosity in a time of equality for gays.
QBE discusses Equality Act

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High court to decide dispute over taxes on 'free' cell phone
Supreme Court cases often turn on tricky interpretations of a word or phrase that serve to buttress a broader legal principle. The magic word at Tuesday's oral arguments was "unconscionable," and how it applies to consumer disputes and arbitration.
Radoslovich Law Corporation - Sacramento, CA

Employment Law - Forced holiday?

Hiya

This really isn't an employment issue. This would be a contractual issue. You would have a very hard time fighting this and in the end, I can guarantee it would be more pain than what it is worth. Since he is offering you the same amount of paid time, I don't see a judge ruling in your favor despite what the contract says. You are still receiving the same paid time off. You didn't mention whether or not you disputed the bad weather paid vacation. If you have a documented dispute with your employer that states you disagreed with the extra paid week off, then you might have something. The fact that you accepted that extra week off will be construed as you agreeing to the new terms whether or not you verbally accepted it. Your act of not disputing the extra paid week off at the time will constitute acceptance of your summer week early. A contract isn't needed for that. Your boss would just need to prove that you willingly accepted the paid week with no dispute. Your lack of getting "the facts" and asking your boss how that week was going to be paid is your fault. Not your boss'. Consider it a change order, or amendment to your employment contract.

If you refuse to accept his interpretation, you can sue him, but what do you hope to gain? You technically are NOT losing anything. You are still receiving the same amount of paid days off. There is nothing to gain here. Take your one week and consider it a lesson for next winter.

Labor Day Vocabulary in American Sign Language DVD at EverydayASL.com

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Students Scarce for Japan’s New Graduate Schools
In Japan, the number of universities and academic programs has risen sharply. But there is one problem: Not enough students are signing up.
NJ LAW PART 2 Danny Federici

has anyone been involved in an age discrimination law suit?

I was recently let go from a brand new job, after I had left previous employment because they told me that the funding source wanted a younger person for the position that they hired me for.

There was never a better case of discrimination. Call your local EEOC

Age Discrimination in Employment in Japan

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Maternity Leave - Rights for Employees

Rights for employees

By law, all pregnant employees are entitled to ordinary maternity leave of 26 weeks. Employees who worked for their employer continuously for at least 12 months are also entitled to an additional maternity leave. Employees may have additional leave rights under their contracts. Employees have the right to return to work at the end of their maternity leave. If refused, or otherwise treated unfavourably, they may also have additional claims for unfair dismissal and sex discrimination.

Prescribed procedure

To take maternity leave, you must follow a prescribed procedure. You will have to inform your employer of your pregnancy, the expected week of birth, the date on which you would like to start your maternity leave and, if you are absent from work for a pregnancy-related reason, the reason for your absence.

You cannot start your maternity leave before the beginning of the eleventh week before the expected week of birth, unless you gave birth earlier. You may start your leave before the notified date if you are absent from work for a pregnancy-related reason.

Maternity leave periods

By law, there are two maternity leave periods:

Ordinary maternity leave. This lasts for 26 weeks. You have the right to return to your old job at the end of your leave on terms and conditions no less favourable than would have applied if you had not been absent on leave, provided you give your employer at least 28 days’ notice. During your leave, you are entitled to your contractual benefits, except for remuneration. You are likely to be entitled to Statutory Maternity Pay (SMP).

Additional maternity leave. This is available if you have worked for your employer continuously for at least 26 weeks at the beginning of the 14th week before the expected week of birth. It starts at the end of the ordinary maternity leave and can last for up to an additional 26 weeks. Your contract of employment continues during the leave period and some contractual benefits and obligations remain in force. You have to give your employer at least 28 days’ notice if you want to return to work. You have the right to return to your old job or to similar job on no less favourable terms.

If you also have a right to take maternity leave under your contract, you may take advantage of only the more favourable of your rights.

Remedies

If your employer breaches any of your maternity rights, or otherwise treats you unfairly because you are pregnant, you are likely to have a sex discrimination claim. In addition, if you are not allowed to return to work at the end of your maternity leave, you will be treated as having been dismissed and may have a claim for automatic unfair dismissal. If you are made redundant whilst on leave, you may also have a claim for redundancy payment.

For unfair dismissal and sex discrimination, the most common remedy is compensation. Compensation for sex discrimination has no upper cap but will be limited to an amount which will put you, as far as possible, in the position you would have been in had you not been discriminated against.

Compensation for unfair dismissal is divided into a basic award and a compensatory award. The compensatory award depends on your actual losses and is capped. You have to take reasonable steps to minimise your losses, for example, to look for another job.

If your employer breached the terms of a contractual leave policy, you may also have claim for breach of contract.

Complaints

You should make your complaints at the employment tribunal which is local to where you work (or worked). Sex discrimination, unfair dismissal and breach of contract claims must normally be presented within 3 months of the effective date of termination. A claim for redundancy payment has to be made within 6 months of the relevant date. Only in truly exceptional circumstances, a tribunal may allow you to make a complaint out of time. You may, as an alternative, bring a breach of contract claim in the county or high court, within six years of the effective date of termination.

If you would like to find out more about the services that we provide, please visit our website mfg Solicitors Maternity Rights

About the Author

mfg Solicitors Employment Law advice on all issues relating to your employment.

New Jersey Law Firms

A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include:

* Business litigation
* Intellectual property litigation
* Copyright, trade secrets, and trademark litigation
* Employment law
* Environmental law
* Professional negligence
* Immigration
* International law
* Real estate litigation
* Boundary line dispute
* Lease dispute
* Landlord tenant
* Contract litigation and negotiation
* Litigation over agreement

The role of law firms can be broadly classified in two categories:
1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients.

2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc.  

These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.

The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.

About the Author

The author is associated with Samuel D. Bornstein, P.A. The firm has 40 years of experience representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence and malpractice matters, and insurance defense.

Production Line To Picket Line - China

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Equality and Diversity in the Workplace

Introduction

Sanglin-Grant, S. (2003) explains that equality is the development of policies and practices that eliminate dissimilarity in any organization, institution or workplace. In this case, all persons within the organization are accorded equal opportunities and are also accorded equal treatment. Diversity on the other hand is all about embracing the value of individuals in an organization while at the same time making the most of their potential. Diversity encompasses all varieties of individuals from ethnic minorities, racial minorities, the elderly, women, persons with disabilities and persons with unconventional sexual orientations. When organizations embrace diversity, then they heighten their levels of creativity, innovation and overall success in their marketplace. Most workplaces have not accorded certain individuals equal opportunities on the basis of their background or physical attributes. This has resulted in various types of diversity such as cultural diversity, age diversity, gender diversity and so on. (Miller, Hagen and Johnson, 2002) However, for purposes of this research, focus will be on persons with disabilities.

Before examining the imperative issues in managing diversity within the workplace for persons with disabilities, it is crucial to understand the meaning of the term disability. The Disability Act of 2005 (UK) defines disability as a form of restriction in the process of conducting social, business or cultural duties due to physical, mental, health, intellectual and health impairment. Statistics conducted in the European Union found that the unemployment rate for a person with a disability is two hundred and fifty percent higher than a person without a disability. This impedes their ability to become self sufficient, socialize and develop a high self esteem. (Ross & Schneider, 1992) Consequently, persons with disability end up being isolated or end up falling in the poverty bracket. Such alarming outcomes should solicit action from employers and other stakeholders within the workplace. Employers need to ask themselves; what policies and procedures can they set up to encourage equality? What are the benefits of providing equal opportunities for person with disabilities?, what negative consequences can result from failure to comply (laws and regulations)? Lastly, what case studies can companies use to further this concept? (Holly, 1998)

Outcomes of according people with disabilities equal opportunities

Integrating people with disabilities within businesses should be a top priority for all companies in the country-whether large or small- due to the following reasons. First of all, it gives a respective company access to a different type of labor force. There is a growing misconception that persons with disabilities cannot perform within an organization's parameters. However, this is a grave misconception because many organizations have not yet tapped this category of individuals yet most of them are highly skilled. Kandola and Fullerton (1998) assert that the current American workforce has changed drastically. Gone are the days when there was an excess provision for labor. These days, organizations are competing to keep some of the best employees. Additionally, there is a need to fill in gaps in the labor force by tapping all potential resources available. (Elmuti, 1993)

Secondly, organizations that embrace diversity with respect to persons with disabilities can get a chance to keep qualified personnel who had no disability when they had started working for the organization but became disabled when they became part of the organization. Statistics indicate that eighty five percent of all cases of disability occur in adult life. Therefore, companies that have embraced diversity management are better prepared for such eventualities and can still retain their newly disabled employees. (Sanglin-Grant & Schneider, 2000)

Besides benefiting directly from the skills and expertise of the persons with disabilities, companies that have promoted an inclusive environment can create a positive image of their company in the eyes of their stakeholders. Suppliers, consumers, the local community, the government, investors and many other concerned parties will feel proud of such an organization and will continue doing business with them. This forms the basis of good social responsibility principles.

Organizations that employ or accord equal opportunities to persons with disabilities are also better prepared to do the same to the public. Such companies may go out of their way to handle consumers with disabilities and this can enhance their client base. (McNerney, 1994)

Consequently, such companies will become more competitive than others and will boost their profit margins. Similarly, managing diversity in the workplace is important for persons with disabilities because it can solicit extra funding from stakeholders within the industry. Many persons with disabilities have a wide access to grants and supports. This means that employers need not worry about tapping into their own resources in order to support such persons. (Ellis & Sonnenfield, 1993),

Embracing diversity can go a long way in solving all the problem service and product development strategies. This is because such companies will attract perspectives from different types of people and this encourages creativity. In line with this argument, some markets are emerging as very crucial in the workplace yet most of them are made up of unconventional groups such as the persons with disabilities. This can go a long way in enhancing their business potential. (Thomas &y, 1996)

Also, if a business offers equal opportunities to persons with disabilities. Then they may challenge the conventional thinking methodologies in the workplace. This means that such companies will be eliminating boundaries present in other similar business. Also, they will be demonstrating that they are embracing strategic opportunities. (Storey, 1992)

Policies and procedures that employers can use to promote equal opportunities for persons with disabilities

Organizations should demonstrate equality and diversity management in their recruitment exercises. Companies need to ensure that the selection criteria utilized is such that it does not discriminate against persons with disabilities. This means that the method used e.g. an interview should be non-discriminatory. Besides this, the sole aim in any recruitment practice should be to enroll the most competent person and to recruit on the basis of other non-job related characteristics. Companies should allow job seekers and opportunity to demonstrate that they can do a job well without dismissing them unfairly. (Gardenswartz & Rowe, 1998)

Additionally, those companies who conduct recruitment through various channels or managers, need to ensure that all their representatives are well aware of equality and diversity in the workplace. This means that companies should educate or train their employees on diversity issues. They can do this by giving them a series of booklets or handbooks talking about diversity. They also need to back this up with courses and seminars about how to embrace persons with disabilities in the workplace. Seminars should not just be open to managerial personnel but should be for all employees. (Wilson et al, 1999) Organizations can also make statements (written templates) about persons with disabilities within their respective organizations in order to smoothen persons with disability's workplace experience. Additionally, organizations need to conduct regular check ups and meetings with their staff to guide them on diversity management. They could give them practical examples of how to wok with person with disabilities. For instance, writing documents in Braille, placing important files in lower aisles for person with disability to access among others. (Ford, 1996)

Organizations can also promote equal opportunities within the workplace by making infrastructural changes e.g. making office equipment more user friendly for persons with disabilities. For instance, organizations can transform their computer application to accommodate various disability aids. For instance, they could place screen readers where persons with visual disabilities can hear information in the company intranet through a speech synthesizer. Besides this, companies can offer their information in a black and white form so as to make it possible for color blind users to follow events within their workplace. Companies can show their support for person with disabilities by according them all the rights and privileges that other employees enjoy such as holiday packages, charity events and other company activities. (Twnley, 1990) etimes, it may be particularly difficult for a person with a disability to perform certain physical tasks, this means that they require the help of a third party. The government has passed a law that allows for ‘access officers' within any business to enhance the nature of a person's employment opportunities . The work of the access officer is to ensure that all person with disability are aware of the services entitled to them and are utilizing them effectively. Companies need to provide all the necessary infrastructure needed to support persons with disabilities. These may include according them custom-made desks, leaving enough corridor space for wheel chairs, modifying rest room facilities to accommodate them. (Bartz, et al, 1990)

Organizations also need to make the environment positive or unbiased with regard to a person with a disability. They should treat them with respect and dignity at all times in order to boost this principle. (Cassell, 1996)

Career development within any respective organization should be done fairly and transparently. There should be no room for discrimination on the basis of an individual's physical disabilities. The latter category of individuals should be given equal opportunity as everyone else to grow and develop within the organization. Companies need to have a set procedure for promotion e.g. they could conduct job analyses annually and then discuss career progression with respective employees. (Dodds, 1995) This means that persons with disabilities will also be given an equal opportunity and they will grow with the organization. Similarly, an organization ought to be flexible enough in the event that one of their employees become disabled. They should have mechanisms that allow employees to come back to their positions. This means that companies should be ready for such eventualities and should not change their treatment of such employees.

If a particular company has any training , education or other work related development projects, then it should be their duty to provide this to all the employees within the company. No one, including a person with a disability, should be denied a fair chance to improve their job performing skills during their time with a respective company. On top of this, companies ought to make sure that they accord persons with disabilities all the work experience necessary to grow within the industry. This implies that companies should avoid firing such individuals without reasonable explanation. In relation to this argument, employers should make sure that their retirement packages, time frame and procedures are administered fairly to all employees regardless of their impairments. This means that no employer should unfairly get rid of a member of staff or forcefully retire a physically disabled employee. (Noon, and Blyton, 2002)

Companies need to recognize the fact that embracing diversity in the workplace should not just be restricted to staff members with disabilities. Their responses should also be directed to disabled persons in the community at large. This means that they should offer reasonable facilities and responses to suppliers, shareholders and customers with disabilities. This can be done within respective organizations in several ways (Kandola, 1995). First of all, they could avoid doing business with shareholders or suppliers who have no regard for diversity management and those who extend discriminatory practices against persons with disabilities. By doing this, employers will become advocates for persons with disabilities and may encourage other businesses to follow suit. Secondly, employers can depict diversity management in terms of the kind of infrastructure and services they offer their consumers. (Thewlis et al, 2004). If the company engages in the sale of items, then they could offer help filling up shopping items for persons with disabilities. Additionally, for those consumers with disabilities who can shop independently, it would help to avoid placing crucial items in the second or third floor as opposed to the first floor. This should go a long way in helping those individuals on wheel chairs. Lastly, employers could show their concern for diversity by giving donations to organizations or person with disabilities in order to facilitate their improvement even while they continue with their lives outside the organization. Gummerson, E. (1991),

Organizations should seek the opinions of disabled person within their organization when preparing an agenda for employment within the company. They should not be seen as the recipients of the policies and procedures but should also be considered as rightful stakeholders within the arrangement. (Iles, 1995) This means that companies should conduct regular meetings with person with disabilities to find out what their needs are and what the respective company can do to support them. This will transform the disabled employees role from a reactive one to a proactive one. The former approach was present at times when managing equality and diversity were a sole reserve of the human resource department. At that time, companies had to deal with numerous law suits and court proceedings relating to persons with disabilities. However, the latter approach is in line with current perceptions of diversity because it allows organizations a chance to identify potential problems and deal with them early enough. Kandola and Fullerton (1998) assert that it is possible to train certain persons to become champions of diversity. Person with abilities are a very appropriate choice for taking on this tasks. When organization trains such individuals, then they can stand out as the organization of choice within the workplace

One of the most important procedures with regard to persons with policies and procedures on diversity equality and diversity management is monitoring performance. Organizations ought to make sure that the latter benchmarks are adhered to at all times. Audits can be conducted annually to review some of the diversity objectives laid out in the persons with disabilities objectives.

Case studies of companies that have implemented diversity management

.Kandola and Fullerton (1998) assert that diversity issues need not be seen as impossible to implement because there are many companies out there who are implementing this and have gone a long way in promoting diversity within their environments. Some of them include health institutions, IT firms, accounting companies and the like. All these companies have one feature in common; they have made managing diversity and equality as part of their driving force in the environment at all times. In the book, the authors identify some common elements that need to be adhered to by companies that respect diversity.

• Conducting an audit of buildings in terms of the physical attitudinal attributes  that favor person with disabilities
• An implementation of diversity awareness training in a personalized and individualized manner
• Provision of guidance with regard to both employers and employees

The overall purpose of such an initiative is to ensure that all employees/ potential employees with disabilities can access equal opportunities in the business. On top of that, companies are passing such policies in order to ascertain that they compaly to certain. As it can be seen from the bulleted list above, diversity management involves conducting an environmental audit, the second aspect is offering advice and the third is with regard to advice to all the current employees with regard to persons with disabilities. Sanglin-Grant, S. (2003)

Case studies

Many companies located within the European Union and The UK specifically have spearheaded the cause of equality and diversity management. Consequently, other companies that may not be certain of the route to follow can use these examples. ?(Jewson & Mason, 1994)

A health institution in the UK decided to embrace diversity with regard to person with disabilities by giving them equal opportunities. They did this by changing their recruitment polices. This company offered positions to a large number of persons with disabilities. Of all the one hundred and eight person recruited within the company, a whooping forty percent either had a health condition or had a disability. The company has been doing very well lately because they were able to attract a very skilled workforce. After the success of the initiative, this company had decided to provide other groups equal opportunities through according interviewees with sound opportunities in the workplace. (Cassell, 2006)

Additionally, a communication company within the UK decided to deliberately seek employing persons with disabilities in their organization. The company realized that so many people had not been tapped there and it wanted to embrace that opportunity by making the most of this labor force. They told most of their old employees to advice person with disabilities to apply for the vacancies. Also, advertisements placed in local newspapers indicted that the company wanted to recruit persons with disabilities The company testified that  they were happy with the overall result s of the recruitment be cause al the individuals taken in attended regularly and were also highly motivated (Paddison, 990)

Conclusion

The country has embraced the issue of diversity within the business environment; consumers, shareholders, suppliers and investors all expect business to manage equality and diversity. (Lane and Piercy, 2003).Even legislations designed to protect person with disabilities from discrimination have been passed. Consequently, employers who fail to oblige may land in trouble. Employers should not imagine that Equality and diversity management will benefit employees alone; it is equally benefiting to the business. Managing diversity theories can be implemented in a variety of ways through training, policies and procedures and through infrastructural changes.  All employees within the organization need to be aware of diversity management. Consequently, policies, ideas and theories need to be made transparent for all individuals.

References

Miller, S., Hagen, R. and Johnson, M. (2002). Divergent Identities? Professions, management and gender. Public money and management,25-30.

Cassell C (2006) ‘Managing Diversity' in Contemporary Human Resource Management eds Redman and Wilkinson, FT Prentice Hall

Noon M and Blyton P (2002) The Realities of Work Palgrave (chapter 10 ‘Unfair Discrimination at Work)

Sanglin-Grant, S. (2003). Divided by the same language? Equal opportunities and diversity translated. Runnymede Trust

Thewlis, M., Miller, L. and Neathey, F. (2004). Advancing Women in the Workplace: Statistical Analysis. EOC Working Paper Series no. 12. Manchester: Equal Opportunities Commission.

Lane, N. and Piercy, N. F. (2003). The ethics of discrimination: Organisational mindsets and female employment disadvantage. Journal of Business Ethics, 44, 313 вЂ" 325.

Bartz, D.E., Hillman, L.W., Lehrer, S., Mayhugh, G.M. (1990), "A model for managing workforce diversity", Management Education and Development, Vol. 21 No.5, pp.321-6.

Cassell, C. (1996), "A fatal attraction? Strategic HRM and the business case for women's progression", Personnel Review, Vol. 25 No.5, pp.51-66.

Dodds, I. (1995), "Differences can also be strengths", People Management, Vol. 20 April pp.40-3.

Ellis, C., Sonnenfield, J.A. (1993), "Diverse approaches to managing diversity", Human Resource Management, Vol. 33 No.1, pp.79-109.

Elmuti, D. (1993), "Managing diversity in the workplace: an immense challenge for both managers and workers", Industrial Management, Vol. July/August pp.19-22.

Ford, V. (1996), "Partnership is the secret of progress", People Management, Vol. 2 No.3, pp.34-6.

Gardenswartz, L., Rowe, A. (1998), "‘Why diversity matters", HR Focus, Vol. July pp.s1-s3.

Gummerson, E. (1991), Qualitative Methods in Management Research, Sage, London, .

Holly, L. (1998), "The glass ceiling in local government – a case study", Local Government Studies, Vol. 24 No.1, pp.1-73.

Iles, P. (1995), "Learning to work with difference", Personnel Review, Vol. 24 No.6, pp.44-60.

Institute of Personnel and Development, IPD (1996), Managing Diversity, an IPD Position Paper, IPD, London, .

Jewson, N., Mason, D. (1994), "Race, employment and equal opportunities: towards a political economy and an agenda for the 1990s", Sociological Review, Vol. 42 No.4, pp.597-617.

Kandola, B. (1995), "Selecting for diversity", International Journal of Selection and Assessment, Vol. 3 No.3, .

Kirkton, G., Greene, A.M. (2000), The Dynamics of Managing Diversity: A Critical Approach, Buttterworth-Heinemann, Oxford, .

Liff, S. (1999), "Diversity and equal opportunities: room for a constructive compromise", Human Resource Management Journal, Vol. 9 No.1, pp.65-75.

Merriam, S. (1988), Case Study Research in Education: a Qualitative Approach, Jossey-Bass, San Francisco, CA, .

McDougall, M. (1998), "Devolving gender management in the public sector: opportunity or opt-out?", The International Journal of Public Sector Management, Vol. 11 No.1, pp.71-80.

McNerney, D. (1994), "The bottom line value of diversity", HR Focus, Vol. May pp.22-3.

Paddison, L. (1990), "The targeted approach to recruitment", Personnel Management, Vol. 22 No.11, pp.54-8.

Ross, R., Schneider, R. (1992), From Equality to Diversity – a Business Case for Equal Opportunities, Pitman, London, .

Sanglin-Grant, S., Schneider, R. (2000), Moving On Up? Racial Equality and the Corporate Agenda, Runnymede Trust, London, .

Storey, J. (1992), Developments in the Management of Human Resources, Blackwell, Oxford, .

Thomas, D.A., Ely, R.J. (1996), "Making differences matter: a new paradigm for managing diversity", Harvard Business Review, Vol. September-October pp.79-90.

Townley, B. (1990), "A discriminating approach to appraisal", Personnel Management, Vol. 22 No.12, pp.34-7.

Wilson, E.M., Iles, P.A. (1999), "Managing diversity – an employment and service delivery challenge", The International Journal of Public Sector Management, Vol. 12 No.1, .

About the Author

Author is associated with WritingCapital.Com which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit WritingCapital.Com

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Careers Questions & Answers

More careers questions please visit : JobQnA.com

A few question in the order of padding out my work application..?
I want to work as a waitress at IHOP. It asks for 'position(s) applied for'..is there a better term for waitress? Or is waitress fine? It asks for my highschool and the years completed, scope, major, and grade average...Well..I put so far 2004-2007. I graduate early with an Advanced diploma if that what the amount means..and I have no clue around major and grade average. I wasn't getting adjectives A's but I didn't get too many C's. Can I purely put 3.0 average? or what. Also, if i don't no how, or it doesn't apply to me, do i leave it blank, write n/a or put a small slash for the answer part? Thank you for reading and please helllp lol

A few question in the order of your occupation!?
I would love it if someone with a professional career would answer some... okay resembling five of these questions. I need to write a thesis for my career exploration class and survey real living population about their established careers and experience contained by the work force. If by any chance some loving person could do this tonight I would be so grateful! Thanks:) How did you draw from interested in this type of work? Get started in this assignment? How did you prepare yourself? What classes or projects can I do to prepare myself for this career? What is the most valuable article you learned in college that help in this career? Knowing what you know in a minute, would you take this same career bridleway? Why? What do you like the most about your post? Least/Most rewarding? What skills or personal qualities are necessary surrounded by this career? What do you do on a typical day? What type of population do you work with? What are other specialties in this work area? Would you advise infantile people to enter this career nouns? Why/why not? What is the job outlook? What will affect its growth or decline? What do you think one should expect as a starting gross? How does your job affect your family and sport life? How do you balance the oodles life roles you play (employee, spouse, parent, community volunteer, church worker, etc.)? Do you have any specific counsel for someone who is considering entering into this particular profession?

A few question roughly speaking this Application entry I get...?
Hi, I just handed within a Resume at the Home Hardware today and they gave me an application form to fill out...I a short time ago have a few questions on a few things. Well first bad, Theres a section where it say "To be an effective employee, what must a soul do or do not do?" I know full well what a good hand has to do, But any suggestions as to what one must not do, Besides the Obvious "dont slack off" or "don't have a fruitless attitude"? and another question says, "What position are you applying for". I simply wish to know what positions are offered at Home Hardware as Part time employment... so if anyone could help me out next to this, that would be great!

A french man looking for a serious situation surrounded by the USA?
Hi! i 'm french and i would love to find a job in the usa ! does anyone know how i can win a job with a diploma similar to the elevated school diploma delivered inside the united states (in france it's called baccalaureat )

A grill in the region of Target Security?
What company does Target use to have security contained by their stores and patrolling around their parking lot... in Chicago or any where on earth else as well in the states

A grill nearly working two Jobs .Need Help and guidance .My neph?
My Nephew works Part Time for In home Health care that pays pretty good. But he have to take on a second job because the In Home Health assistance is not enough money. So he works at a grocery store part time too for partly the money an hour. They know he works also for In Home Health care . The manager at the grocery store asked him to come support to work for them.. My nephew said he would because we really need the money (we share rent ) but by Law he can only work 20 more hours if he wishes to keep his In Home Health care Job (which is basically over 30 hours a week) - in another job. How ever Now the grocery store official keeps giving him 30 hours a week as well. No situation how much he requests only 20 hours. There are not a lot of job in this town . He does not want to quit his job at the grocery store for measurable reasons and certainly not the In Home Health Care Job. He have talked to the store manager time and again nearly it .He knows he is lucky to have two job and he is an excellent employee. What would you do if you were my Nephew ? With rising Heating costs this winter -My VA allowance check can not cover the increase either. Any ideas ? My Nephew is not comfortable lying to the State Run In Home robustness Care.

A Group Interview Problem?
When your being interviewed in a group of individuals...if a question is asked and you know your answer but someone starts talking past you and says the same item..would the manager think that im copying bad of them? Or actually believe that was my answer i be gonna give anyways?

A guy beside Ph.D level contained by Commerce specialised within OB (HR branch)-how would be a SAP HR Module would be doing?
………a person with Ph.D point in Commerce, specialized in Organizational behavior (for Ph.D), how would be a SAP HR module would be beneficial for him? Is it making any sense to pursue the course? What's the Scope? Please guide me.

A honourable paying desk opening?
i've been busting my *** at restaurant/retail for a crappy pay for times past year. i know there are desk jobs out near that all you do is answer the phone/store files and get a clad pay. does anyone have a virtuous example of such jobs? what businesses and what positions are the best? i know people who enjoy such jobs but they all get hired by their parents and i'm not as lucky. also, will i be able to be hired with no desk experience? i know how to use essential computer programs and how to work with people

A intensely apposite assignment?
what is a good job where on earth i can make alot of money like 150k-300k a year after college and perchance some after stuff. a list of good and intresting job

A job ..college warning..sorta..kinda?
I am a business major.. yet I took something like 18 credits in semester and I seem to be amazingly ratification everything since , I took basically all my liberal arts classes contained by one semester and they all involve psychology and philosophy..Now by getting a 3.0 would you think that i might be better of switching to a psychology most important or is it just that i have a great amount of interest contained by the human services field?

A Job Interview Tomorrow--hayelp!?
Okay, so the description of the job: a call center clutch orders from clients clients are christian based must be ready to pray with clients, if asked. so as far as the interview goes: what should I bring? what question do you think they will ask? will they want me to pray with them as a try-out of my ability? if they ask me about my church attendance (none), what should I read out?

A Levels to become a Journalist?
I'm apllying to College soon & my aim is to become a journalist. So far I was thinking: English Lit English Lang Media Studies History But do you really inevitability both English classes? As I'd really like to do socialology or something along those lines. If you've got any suggestion, I'd love to hear it. Thanks !

A little facilitate next to a resume...?
What would be a good sentence or two to put under my "objective".. Example ->> "Seeking a position surrounded by the medical field.." This is a resume that I will be turning into several jobs.. Like retail stores, city job, offices, etc. Thanks.

A livelihood that requires driving..?
Have u ever had a job that required you to drive while on the clock?...( This press is not for truckdrivers or taxi drivers) If so, how was it? How far did you enjoy to drive?What was the job and be it worth it? I ask because I am starting job at a Rehabilitation center for people beside Traumatic Brain Inuries I will be helping them witth their everyday activities, transporting them to and from doctors visits and so forth. Its 16 miles from my house but I can be expeced to drive anywhere from 10-30 miles from the facility.. They do rate mileage but its only .45 per mile which is nothing. If I drive 28 miles I obtain like 12.00.so its nothing Im looking forward to (the driving) but I am an entry rank CNA and I need experience from somewhere. Im not really worried about driving itself, Im worried roughly speaking the wear and tear I will be putting n my car an how difficult it will be to drive contained by the snow in a couple months(I live in Michigan) They enjoy 2 company vehicles but only allow the character driving the furthest at the time to use it.

A living for me...im 22,pretty and resembling to b well-groomed and look righteous, speak okay, done my big academy...?
im working as a P.A.-find it boring.myers briggs personality test shows me as INTJ.but at times i am so bold no1 would hold guessed.i need to decide on a profession now.i love the public eye and being contained by the center of things BUT dislike sales jobs wher its tough to achieve things from ppl- guys who r lecherous and women who want to pull u down-u just cant count on ppl.wat errand can i get where i can b see, speak to ppl, etc yet not hav my job n LIFE completely depending on THEM?

A living that requires lots of traveling?
I'm trying to write a story, and I have two characters whose parents travel a lot. Why? Because I obligation them to be in a random small town at a irregular time, and I need them to be rarely surrounded by the area... but it can't be something like "visit Grandma" or something... they need to have a basis to be traveling... any ideas?

A plane choices for a trade within medication?
Hi, I live in the UK & the untimate goal is to become a surgeon. Im going to lift Chemisrty & Biology but i need another subject. For the medical course at uni I need AAB. What other subjects(s) should i appropriate at A level. Would i be able to do PE or do i obligation something more accademic? Thanks

A position i could never do?
I have to write a paper on a position i could never do, however im having a hard time thinking of something >.
A powerfully payed commission beside immensely little hours?
is there anyvery well remunerated jobs with litttle hours. and what collage things would i have need of to do to get that job. (preferlabry something to do near police work).

A principal who race allways slag rotten.im within the middle?
we have a manager ,small catering company four race employed .two middle aged women 30 plus do there work and two students.one middle aged women refuses to do overtime other one does what ever. shes asked ,one student polite and get on with her work ,the other one allways slagging manager rotten, not nice to customers .the manager is always singing her praise the one that slags her stale ... i know all of this whats going on d y think i should permit her find out her self whats being said about her .im contained by the middle of all this i never slag anyone off .should i in recent times leave it or should i say something ,,,,,,,,

A Question in connection with my EI benefits, attending institution and seeking section time employment?
Here's the deal: I have be collecting Regular EI benefits since the Spring and I worked a part time job over the summer. Service Canada agreed to provide funding for a post lesser program in another town. So I started school within September and Service Canada gave me authorization to quit my part time position because I have just cause (school be in another town). Since moving to this new town I established to take another part time position where on earth the pay is $8 for a maximum of 14 hrs per week.so here is my question: If I can find another chunk time position for $10 per hour with more flexible working hours during the week and the possibily of obtaining up to 18 hours per week would I be capable of quit my current part time job? Seeing that they are funding my anyone in school would they expect me to work at both places because it wouldnt in truth be possible seeing that one job has restricted hours of operation and I am contained by school full time all afternoon long. Should I call and ask permission or not? Do you regard it would be allowed? Any advice on this matter would be greatly appreciated!

A QUESTION THAT WILL CHANGE YOUR LIFE!?
why would someone not work at a more expensive restraunt rather then a cheaper one. I mingy a nice restraunt just gives you better tips. So why arbys instead of red lobster?

A quiz more or less getting a undertaking at Wal-Mart?
Alright I went in for an interview today for the meat department.. Well I get an interview with the department manager, later a second with the Assistant Manager.. They said they'd call me vertebrae in a few days after the reference check to present me a position.. Well one of the jobs I put down as a refrence I didnt exactly leave on upright terms.. They screwed me bad on hours since we get a new HR there and I lately stopped showing after a bad argument...I was wondering if anyone on here worked personel in the past and knows if they're calling job refrences or merely the refrences I put down?..I heard differant things from everyone I talked to

A recent illustrious institution student is contained by obligation of your lend a hand. THANKS A LOT!?
I'm a recent high school grad and own don't really have an interest in anything. Please don't articulate take a couple of classes in college to see what interests you. I KNOW THAT! I'm sick and tired of audible range that over and over and over again. I need some real answers here. I am looking for a fun and exciting art. I don't want a traditional 9-5 office job or anything, I want an adventurous mission that will allow me to travel the world. I don't want to be a pilot or travel agent though. I want it to be well paying job, not a tour guide or anything. I knwo for sure I'm not cut out for math and science, so I'm genus of thinking business might be ideal for me...say International Business. I'm the type of creature who knows when I don't like something and I know that I don't close to anything because I've done tons and tons of research on every single job and career. I've also taken plenty of classes surrounded by anything that I think may interest me. I'm also trying to figure out what some hot career are in the future, but everything to be precise going to be hot and growing includes: IT and health, which I obviously don't resembling. I know you might be thinking, why doesnt' she figure it out on her own, but come on I really need some relieve here. I was home schooled, so don't really hold any guidance. I just want to know of some unique, fun, adventurous, travel packed and exciting jobs that are going to be hot in the adjectives. I know you're probably going to say, follow your heart...but I really don't know. PLEASE PLEASE help me.

A rewarding, all the rage charge, or a perfect paying undertaking? Which would you choose?
I'm in a bit of a dilemma. The career track I really would like to take doesn't money all that great, but I have my heart set on it. I'm only wondering other's opinions, would you rather enjoy a job you love or a job next to a good pay? And why?

A snoop contained by the bureau think I'm getting remunerated too much? (read on for details)?
Someone here in the office found out my hourly wage and spread it around to others surrounded by the office. When I found out I was angry because I never told anyone and my wage is none of their business. They're adjectives complaining, saying its unfair because I'm within a low level position but earn the same hourly wage as adjectives the other higher ranking (but non-management) office personnel. I work for a small familial owned contracting firm in Texas, near Houston. I'm concerned because these guys are going to petition and convince the owner to cut my wage to $10/hr...the going rate for my position surrounded by this area for a company this size. Texas is an at-will state so I think the owner can lawfully do this if he chooses. Considering how I remember my boss arguing with the owner over the phone about paying me $14/hr (owner looked-for $10/hr or less) I think he is likely to do it. I'm an Administrative Assistant making $14/hr. I answer the phone, bar city permitting and inspection issues, handle company and counter sales, back up for scheduling...when this guy isn't contained by I fill in for him 100% (take adjectives his calls, schedule installations, trims, and final work) scan & email paperwork, and scan within paperwork for archival purposes. I also happen to be the only extremely computer savvy member of staff in the company. I provide software assistance for all packages including AutoCAD (have an honors level in drafting), troubleshoot the computers and issue a report to accounting who then contacts the outsourced upholding company to complete the repairs, maintain/upgrade all databases, create new applications, maintain/upgrade the in-house created software (originally created by my ex-boss who quit more rapidly this year). In your opinion...is $14/hr too much for my position considering my duties as listed above?

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Globalization; Challenges to the Equalization of Opportunities to the Disability Movement

INTRODUCTION

Human communities worldwide have tended to move gradually to develop closer associations over a long time. However, lately the speed of the movement appears to have considerably accelerated. For instance, the invention of the jet planes, the computer chip, and availability of electronic mail (email), cheap telecommunication services, huge but fast sea vessels, instantaneous financial transactions across national borders, all seem to contribute to the movement to make the globe even more mutually dependent than ever. The production and provision of branded goods and services by transnational corporations (TNCs) such as Coca- Cola, Colgate-Palmolive, Dulux Paints, Barclays Bank Gestetner, McDonalds, Kentucky Fried Chickens, Nandos, Dunlop, and Ford to name a few, marketed throughout the world, all seem to contribute to make the globe a more symbiotic place. The exchange of information and communication technological knowledge along with products and finances, ideas and cultures now seem to circulate more liberally. And this seems to be the current and future trend.

Globalization undoubtedly, appears to be one of the most prominent aspects of the present century. Consequently, laws, economies, and social engagements seem to now form at the global level. Professionals, politicians, intellectuals and journalists seem to treat the global trends as both predictable and generally welcome. And for some of the world's population, globalization has increasingly become a catchphrase or buzzword and may mean getting rid of the old ways of life and hostile livelihoods and cultures (Guinness, 2003).

However, signs of globalization of the past few decades are recent compared to at least four other major phases that appear to have shrunk the world throughout history. Historically, globalization can be viewed as having been signaled by;

• The cross-oceanic European voyages of discovery from 1492 to about 1565 (Guinness, 2003).
• The forced migration and translocation of Africans and Indians into slavery and indentured labour to the plantations in the West Indies.
• The massive human migration of the 1930 from Europe and Asia to the Americas (Ingstad and Whyte, 1995).
• The economic depression of the 1930s (Stiglitz, 2002).

 While each of these earlier episodes of globalization saw rapid growth in world economy, Guinness (2003), contends that they tended to exert a heavy human toll especially on the less economically developed nation states. In addressing the challenges and opportunities of globalization, there currently appears to be increasing global concerns with both the positive and negative impacts of this phenomenon on the local, national and international levels of developments in all spheres be they social, political, or economic (Priestley, 2001). Of concern in this essay, is the area of disability and how globalization has impacted on the challenges or opportunities for disabled people.

lthough Lauder, Brown, Dillabough and Halsey (2006) note that most researchers on globalization have tended to focus on particular aspects, globalization, however, appears to be multi-dimensional (Waters, 1995; Cheng, 2004). Hence, perceptions on the phenomenon tend to be varied and accordingly, the definitions of the term so far postulated, appear "fuzzy". And indeed Lauder et al (2006) observe that there is no agreed definition as yet because it appears globalization represents a process that is never ending and cannot be thought of as either cyclic or evolutionarily progressing from simple to complex.

 Indeed, with a new crop of writers such as Brown and Lauder (1996), Schirato and Webb (2003), Stiglitz (2002), Burbules and Torres (2000) and Bottery (2004), to mention a few, it appears a plethora of concepts which include, technological globalization, economic globalization and learning globalization, environmental globalization, demographic globalization, American globalization, (Nye, 2002) cultural globalization political globalization (Bottery, 2004) emerged, advancing new insights into the meaning of globalization. The list of the kinds of "globalization" appears endless and is on-going, as debate on the phenomenon continues to forge ahead. But according to Bottery (2004), some kinds of globalization are more pressing in their immediate effects than others. This paper examines and defines globalization from a general perspective and also explores how the globalization process has "pressed" on the creation of challenges and, or opportunities for disabled people worldwide. Other terms such as "disability" that are embedded within the globalization context will be defined as the discussion unfolds.

 What is globalization?

While the terms "globe" and  "global" appear to have been in English usage for over four centuries, the noun form "globalization" did not seem to be in common use until about 1960 (Guinness, 2003). According to Weekley (1967), in "An Etymological Dictionary of Modern English", the term "globalization" was first recognized in 1959 but remained dormant until the mid-1980s when its usage increased dramatically in academic language (Guinness, 2003). To some authors, the term seems to refer to the emergence of transnational organizations whose decisions tend to shape and constrain the policy options any particular nation state may wish to take (Burbules and Torres, 2000). To yet others, globalization may mean the "transition from national ‘walled' and regional economies towards global ‘free' trade and markets" (Lauder,et. al. 2006; 30). It may also, to yet others mean the impact of global economic processes that include production of standardized goods and services, consumption patterns and financial interdependence and "footloose" capital flows (Brown and Lauder, 1996). To still others, globalization means the appearance of new global cultural forms, media, information and communication technologies, which seem unrestricted by national borders (Held, 1991). It is perhaps, to political skeptics, where globalization can be viewed as a mental construct utilized by the state polity to garner support for or to squash opposition to reform resulting from mightier forces such as global trade competitions instigated by the World Trade Organization (WTO): or responses to structural adjustment programme (SAPs) demands of the Bretton Woods Institutes-the World Bank and International Monetary Fund) (Brown, 1999): or to obligations to fulfill agreements of intergovernmental organizations or regional economic blocs (Held, 1991) such as the European Union, The North American Free Trade Agreement (NAFTA), Economic Commission of West African States (ECOWAS), the Southern African Development Committee (SADC), or the Organization for Economic Co-operation and Development (OECD), that leave the nation state with no option but to play along an imposed set of global rules (Burbules and Torres, 2000).Guinness (2003; 3) posits that the nature of certain jobs tends to influence views when thinking of globalization. For instance, to Kofi Annan (the former United Nations Secretary General) globalization may mean "world inclusivity"; to depots and other like minded dictators, globalization may be perceived as meaning a threat to the national sovereignty of their nation states. While to Bill Gates of Microsoft Corporation, globalization may mean connecting the world virtually in cyberspace, by a world wide web. Thus, myriad views on globalization surfaced as the concept ignited across a wide range of intellectual interests with some views on the one end vilifying the concept and on the other, praising it (Stiglitz, 2002).

 The use and popularity of the term "globalization" may be partly due to its vagueness and ability to assume different dimensions depending on the user and context. Held and Koenig–Archibugi (2003) and Schirato and Webb (2000; 1) concur and describe globalization as a word that is often used to designate the global power relations, practices and technologies that characterize, and help to bring into being the contemporary world. Robertson (1992) defines globalization as a concept that refers both to the compression of the world and the intensification of consciousness of the world as a whole. Waters (2001), in coining his definition argues that the most appropriate way of defining globalization would be to predict what a totally globalized world would appear to be like in the future. Waters (2001) therefore, visualizes globalization as being characterized by a single global society with a single culture, where there are no territorial boundaries which, in that status quo, seem to exist in principle for organizing social and cultural life and where there could be high regard for tolerance, diversity and individual choice. Waters (2001) also views the flow of trade as well as migration of people and ideas across national and political boundaries, as being interlinked and thus, forcing previously homogenous cultures to rationalize each other. Thus, globalization can be perceived s a process that simultaneously differentiates and homogenizes and consequently "pluralizing the world by recognizing the value of cultural niches" (Guinness, 2003; 2). From this vantage therefore, Waters (2001) defines globalization as;

A process in which the constraints of  geography on economic, social and cultural arrangements recede, in which people become increasingly aware that they are receding and in which people act accordingly.

 To an extent, Waters' definition of globalization seems to concur with Stiglitz's (2002; 9) description when he says globalization is fundamentally,

The closer integration of countries and peoples of the world which has been brought about the enormous reduction of costs of transportation and communication, and the breaking down of artificial barriers to the flow of goods, services, capital , knowledge and …people across borders.

To Waters (2001), globalization, not only is it a major historical process that impacts heavily on culture but is also, a central focus of attention of modern culture and economy. He contends that globalization has a tendency to take issues from the centre levels to the periphery. For instance, through the speedy and continuous transmission of the "so-called" western culture to peripheral communities, And vice versa, globalization has also tended to bring issues, from peripheral levels to the centre. For instance, the area of disability to be discussed below, has been taken seriously onto the agendas of supra national institutions such as the United Nations, International Labour Organization The Bretton Woods Institutes and the World Health Organization or to organizations that have merged  with existing ones to function across borders. In this sense, it appears to me that the United Nations' programme of work on globalization is in response to the changing international context to promote effective development oriented disability policies and strategies.  Accordingly, the aim of the United Nations through various arms such as the World Bank, World Health Organization, World Trade Organization, to name a few, is to ensure that disability policies and strategies and globalization function together to improve the health, welfare and rights of the poor as well as the disadvantaged population (World Health Organization, 2005).

Disability as a global concept: Historical background and definition of disability.

Disability is one socio-cultural issue that appeared to have remained in the periphery but  has currently been brought to the centre of most global agenda. It is a term sometimes confused with two other terms "impairment and handicap. The terms "disability" "impairment" and "handicap" were often used interchangeably but in an unclear and confusing way, and may have tended to give poor guidance to policy-makers, for political action as well as for practical use. The terms used to be perceived from a medical and diagnostic angle (Shakespear, 2006).

 What is a Disability?

Disability is a phenomenon that exists in all societies and tends to affect predictable proportions of each population (Metts, 2004). Although there are a number of definitions in use to describe disability, disability largely depends upon context. And apparently, universally, it appeared there was no agreed definition of disability until 1980. Historically, disability was on the one hand, viewed as a medical condition, with a medical problem located within the individual. Hence, some definitions tended to reflect this understanding that disability was an individual pathology; i.e. a condition grounded in the physiological, biological and intellectual impairment of an individual (Shakespear, 2006). The medical definitions gave rise to the idea that people were "objects" to be "treated", "changed" or "improved" and made more "normal" (Wolfensburger, 1972). The medical definitions tended to perceive the disabled person as having to "fit in" rather than about how society itself should transform. They did not seem to adequately explain the relationship between societal conditions or expectations and the unique circumstances of an individual. (A diagrammatic representation of the medical model is shown in the figure below).

The Medical Model of Disability

 Disability can be viewed as a highly varied and complex condition with a range of implications for social identity and behaviour (Ingstad and Whyte, 1995). Therefore, a growing realization to articulate a definition of disability, which was in conformity with human rights values, principles and practices was needed. Whilst some disabled people may have medical conditions which impede them and which may or may not require medical treatment, current knowledge, technology and collective resources are already such that their physical or mental impairments need not prevent them from participating in community lives. According to Rieser and Mason (1990), it is society's unwillingness to employ these means to altering itself that causes disabilities. But, it seems at the centre of society, lies the values that respect the variation in human cultures and the appreciation that people are different on several considerations such as gender, race, class, sexuality, and disability (Lauder, et al, 2006; 29).

On the other hand , while the medical model seemed to be in vogue, it was challenged by disability activists who reconstructed disability as a social phenomenon (Shakespear, 2006). The social model of disability seems to draw a clear distinction between impairments, handicaps and disability, because society tends to ignore the imperfections and deficiencies of the surrounding environment which in turn tends to disable people by its failure to recognize and accommodate differences. And also, through the attitudinal and institutional barriers it erects towards people.  Disability thus seems to arise from a complex interaction between health conditions, the social context in which they exist and the individual. To some, disability is a relative term with certain impairments becoming more or less disabling in different contexts. The figure below of the social model of disability serves to illustrate the disabling forces at work where the 'social model' is applied.

 The Social Model of Disability

In 1980, the World Health Organization (WHO) classified the terms disabilities, impairments and handicaps, and suggested a universal, more precise and at the same time realistic approach to their definitions and use (Metts, 2004;3). The World Health Organization made a clear distinction between "impairment", "disability" and "handicap". However, there were concerns that the definition of the terms "impairment" and "handicap" may still be considered too medical and too centred on the individual, and may not adequately clarify the interaction between societal conditions or expectations and the abilities of the individual. Hence, the need to separate and clarify the meanings of these terms. By description, the term "disability" tends to summarize different functional limitations occurring in individuals anywhere in the world. People may be disabled by physical, intellectual or sensory limitations, medical conditions or mental illness. Such limitations or illnesses may be permanent or temporary (United Nations, 1993).

 The term "handicap" tends to mean the loss or limitation of opportunities to participate in the life of the community on an equal level with others (Ingstad and Whyte, 1995). It may describe the encounter between the disabled person and their environment. The term emphasizes the focus on the shortcomings in socially organized environmental activities; such as, access to information, communication technology, health services and to education, which prevent disabled persons from participating on equal terms with everybody else (Ingstad and Whyte, 1995). Although the term continues in use, its technical use was, according to Stone (1997) discarded by the United Nations in 1993. During the 1970s there had been a strong rejection among representatives of organizations of disabled persons and professionals in the field of disability of the term at the time (Ingstad and Whyte, 1995). The term "impairment" can be defined to mean "any loss or abnormality of psychological, physiological or anatomical structure or function" (WHO, 1980). The distinction and clarification of the terms "disability" and "impairment" and "handicap" seemed to perch the views on the medical and social models of disability in opposition to each other. This seemed to pave the way for a new and seemingly acceptable disability model framed along Human Rights. In the light of modern society values, it was a model, appealing to both advocates of equal rights and the United Nations (Shakespear, 2006).

 In 1975 the United Nations General Assembly made its first Declaration on the Rights of the Disabled Persons (Priestley, 2001). After the declaration, the United Nations proclaimed 1981 as the International Year of the Disabled Persons and commenced on the development of World Programmes of Action that led to the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994 (United Nations, 1993).  As a result of the experiences gained during the 1983-1992 Decade of Disabled Persons, in the implementation of the World Programmes of Action and of the general discussions that took place, there was a deepening of knowledge and understanding concerning disability issues and the terminology used. At the same time disability was more clearly defined (Priestley, 2001; Ingstad and Whyte, 1995). (Although multi-culturally, there still seemed to be problems in defining disability in a global context-for instance, how could imperfections of the body and of the mind be understood in different societies? Or how could a person's culturally defined identity be affected by one's disability? (Ingstad and Whyte, 1995). Hence, according to Haddad (2001), President of the Canadian Medical Association, the term, disability, tends to have various meanings depending on the context in which the term is used. However, for the purpose of this essay the World Health Organization (WHO) functional definition of disability shall be used. The World Health Organization definition of disability is framed on the model of the International Classification of Diseases and "because it attempts to categorize the consequence of disease, it includes a consideration of social contexts" and at the same time captures aspects of Human Rights (Ingstad and Whyte, 1995; 5). According to this classification, disability is defined as "any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being" (Mett, 2004; 3)

 However many governments and organizations appear to have adapted this definition and developed legislation to suit their own social and economic situations as evidenced by the definitions from the following country examples. The Israeli Equal Rights for People with Disabilities Law of 1998 notes a person with a disability;

as meaning "a person with a physical, emotional or mental disability, including a cognitive disability, permanent or temporary, as a result of which that person's functioning is substantially limited in one or more the major spheres of life. (Wolfgang, Preiser & Ostroff, 2003).

 The United Kingdom Disability Discrimination Act of 1995 notes that "a person has a disability... if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." (Department for International Development 2000).

 In the Zimbabwe Disabled Persons Act of 1992  which was enacted after the war of political liberation a "disabled person" means

a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability, which gives rise to physical, cultural or social barriers inhibiting him from participating at an equal level with other members of society in activities, undertakings or fields of employment that are open to other members of society (Government of Zimbabwe, 1992).

 Evidently, the few illustrations serve to show that the definition of disability seems to be framed along the individual circumstances and social contexts of particular nation states but also seems to imply an empowerment of disabled people through recognizing them along equality of rights.

 The global extent of disability

To measure national regional and local disability populations, let alone the global population is according to Metts (2004) almost impossible. There is therefore a wide variation in the estimated disability rates reported by the developed and developing countries (Thomas, 2005). Most United Nations agencies, use estimates developed by the Rehabilitation International in the 1970s and by the United Nations Development Programme (1997) that approximately ten percent of any given population are born with a disability or acquire one during their lifetime (Disability World, 2003). This however, appears to have changed over time because in the United States of America as Stone (1997; 4) observed, the prevalence of disability, is about twenty percent of the population. In developing nations and elsewhere, especially in Africa, the percentage appears to be a lot lower that ten percent. The Zimbabwe Inter-Censal Demographic Survey of 1997 conducted by the Central Statistical Office established that out of a population of about twelve million, 218 421 persons were disabled (Government of Zimbabwe 1997). This figure is less than 2% of the population but in the developed countries, the  percentages are higher. The SINTEF table below seems to give a sympnosis of the situation. This seems to be the trend globally. This is an irony, but not surprising, if the causes of disabilities were to be discussed. (Unfortunately this paper will not discuss these because it would be a detour from topic). However, at the global level, the United Nations note that the primary causes of disability are disease (51.2%e),  malnutrition (20%), accidents, war and trauma 15.6$% and other causes and aging 13.2%. (Metts, 2004).

 Apparently the variation in numbers in the different countries can also depend, to a large extent, on the definitions of disability used, which either expand or diminish the disability groups and also the difficulties in the data collection procedures and the different assessment systems used in the different countries. This may be a probable reason most data gathered by national governments of the developing states are perceived by organizations working in disability, as underestimating and downplaying the extent of disability in their countries. However, to me, it appears the research data may be representation of the real situation on the ground despite popular ‘western' wisdom that the contrary may be true. The census figures gathered by The Foundation for Scientific and Industrial Research (SINTEF) shown in the diagram overleaf seem to vindicate this representative scenario. The SINTEF report most probably reflects the correct perspectives in the light that the world seems to be experiencing a demographic evolution and also that the more sophisticated urban environments become, the more they tend to be disabling because they tend to erect barriers that limit or diminish human functioning; thus in a sense 'creating' disabled people (Harwood, Sayer and Hirschfield, 2004). (For instance a mentally challenged person in the unsophisticated agricultural farms of Africa is capable of productive activities in terms of demonstrating agricultural skills whereas if the same person were brought to an urbanized environment would become useless because the means of production in that situation differ and may present challenges to the individual)

Developed countries

Developing countries

Country

Year

%

Country

Year

%

Canada

1991

14.7

Kenya

1989

0.7

Germany

1992

8.4

Namibia

1991

3.1

Italy

1994

5.0

Nigeria

1991

0.5

Netherlands

1986

11.6

Senegal

1988

1.1

Norway

1995

17.8

South Africa

1980

0.5

Sweden

1988

12.1

Zambia

1990

0.9

Spain

1986

15.0

Kenya

1989

0.7

UK

1991

12.2

Zimbabwe

1997

1.9

Table 1; Prevalence (%) of disability in selected countries (The Foundation for Scientific and Industrial Research, SINTEF, 2004).

 Another research by The Foundation for Scientific and Industrial Research (SINTEF) research done in Zimbabwe seems to reinforce this assertion as it found higher disability rates in urban than in rural areas, suggesting that ‘complex societies in a sense produce disability'(Arne, Nhiwathiwa, Muderedzi, and Loeb, 2003).   

 In the developed countries there also appears to be an increased life expectancy because of improved medical technology and health care meaning that more people will reach old age and experience age related disabilities (Harwood et al, 2004). Today, demographic statistics indicate that there are approximately more than half a billion people with disabilities globally. The World Health Organization predicts a huge increase in the global population which is set to rise dramatically between 2000 and 2050.and consequently, a proportionate increase in the global number of people with disabilities (Harwood et al, 2004). It is forecast that over the period, the Indian Sub-continent could have an increase in population of approximately 120%, China, 70%, the Sub-Saharan Africa, 257% and Burkina Faso, Congo, Liberia, Niger, Somalia, Palestine, Uganda, could have a combined increase of over 400%. (Harwood et al, 2004).

 Disability in the Global Context

There is growing evidence that disability as an issue seems to have shifted significantly over the past few years from the periphery to the centre of the international human rights agenda (Mett, 2004;1), and also of numerous literature that disability policy agenda has risen to be a global policy issue (Barton & Oliver, 1987; Priestley 2001); and also that it has become a challenge to policy planners who map out development oriented policies and strategies for social and economic programmes for disabled people. The processes of globalization seem to be shifting not only the populations of person with disabilities but also their experience of disability. People with disabilities globally seem to be  empowering themselves to assert greater involvement and equality in global challenges affecting them. Such claims are not only about control over individuals' lives, but also about greater influence over the societies and economies within which they live (Swain, Finklestein, French and Oliver, 1993). Thus, the observance of the International Day of Disabled Persons ( IDDP) declared in 1982 and commemorated on 3 December tends to focus on the active involvement of disabled persons in the planning of strategies and policies that affect their lives. The annual observance of the day, with the slogan "Nothing about Us without Us," seems to offer an opportunity to foster changes in attitudes towards disabled persons to eliminate barriers to their full participation in all aspects of life (Stone, 1997; Rowland, 2001; Swain, et al 1993).

 The declaration of 1981 as the International Year of the Disabled Person (IYDP) further elevated disability onto the international human rights agenda (Priestley 2001). A major outcome of the International Year of the Disabled Persons was the formation of the World Programmes of Action concerning Disabled Persons, which the United Nations General Assembly adopted at its 37th regular session in 1982, by its resolution 37/52 (United Nations, 1982). Subsequent International Years were supposed to bring focus to a particular area and create new links and opportunities (Swain, et al. 1993).

 In Southern African countries like Malawi, Zimbabwe, Botswana, South Africa, the motto has been "Disability is Not Inability" (Salmonsson, 2006). This slogan and motto tend to rely on the principle of participation, and has been used by disabled people's organizations throughout the years as part of the global disability movement, to achieve the full participation and equalization of opportunities for, by and with disabled persons (Watermeyer, Swartz, Lorenzo, Schneider & Priestley (2006). Therefore, to disentangle the lived experience of disability from the social context of disabling societies at the local, national, and global levels appears impossible.

 Thus, the recognition of disabled people, to improve their lives has been demonstrated by the United Nations, as is implied in the active involvement of disabled persons in the on-going elaboration of the Convention on the Rights of Persons with Disabilities (United Nations, 2006), and in the Standard Rules for the Equalization of Opportunities for Persons with Disabilities (UNESCO, 1993). These conventions seem to have proved to be excellent examples of how the principle of full participation can be put into practice and how disabled people can contribute to the development of truly inclusive communities to shape a better future for all.

 The United Nations' establishment of the World Programmes of Action, led to the UNESCO Framework for Action of the World Conferences on Education for All held in 1990 in Jomtien (Thailand), The Salamanca Statement and Framework for Special Needs Education (UNESCO, 1994) and the Dakar Framework on Education for All  (UNESCO, 2002). To demonstrate the importance of placing disability on the global level, more than one hundred and fifty-five countries from all over the world were represented by leaders of government, international agencies, non-governmental organizations and professional bodies who committed themselves to recognizing the education of all disabled individuals, attended the Jomtiem conference (Ndawi, 1997). The Dakar World Education Forum conference, in April 2000 attracted more than 1,100 participants from one hundred and sixty four countries (UNESCO, 2002). Participants ranged from teachers to prime ministers, academics to policymakers, non-governmental bodies to the heads of major international organizations. They adopted the Dakar Framework for Action, Education for All (UNESCO, 2002). The Dakar Conference was complemented by earlier conferences which all addressed issues related to the challenges and empowerment of disabled people. These were namely, the Sub-Saharan Conference on Education for All held in South Africa in 1999; Asia and Pacific Conference on Education For All held in Bangkok in 2000; The Arab Regional Conference on Education for All held in Cairo; The Third Inter-Ministerial  Review Meeting on the E-9 Countries held in Recife, Brazil; Conference on Education for All in Europe and North America held in Warsaw, Poland in 2000 and The Regional Education for All Conference in the Americas held in Santa Domingo, Dominican Republic in 2000 (UNESCO, 2002).

 GLOBAL DISABILITY CHALLENGES TO THE EQUALIZATION OF OPPORTUNITIES

It appears disabled people are most challenged in four fronts, namely, by poverty, wars, access to education and work.

Poverty

With the disability policy agenda having reached the highest levels of global recognition, globalization seems to have constructed a universe that offers endless opportunities and new life patterns to all; for instance easy access to education, information and technology, health and social amenities and etcetera. But, according to Ghai (2001), the paradox is that on the one hand, globalization places emphasis on economic power to improve the livelihood of mankind but on the other, methodically marginalizes certain groups of people, in particular disabled people by its use of modern technology and its removal of these people from participating to contributing to the gross national product of individual nation states. And in this way, globalization seems to have created challenges to the equalization of opportunities to disabled people. More so, the apparent disparity in economic, social and technological developments between the different nation states has led globalization to seem to have a different meaning for disabled people and to challenge them differently in the different communities (Ghai, 2001); with some communities wealthier than others. Poverty seems to be afflicting the half a billion disabled people or so in the world today, According to Ghai (2001), more disabled people seem to be suffering on every continent, perhaps more than ever before. Most of them are on the lowest end of the socio-economic scale (Beresford, 1996; Frieden, 2002).

 Consequently, disabled people have tended to be more vulnerable to, their incapability to combat poverty, exclusion, stigma and lack of access to basic education and services. Disabled people seem to experience poverty more intensely but have fewer opportunities to escape from it. A former President of the World Bank observed this and asserted that "unless disabled people are brought into the development mainstream, it will be impossible to cut poverty by half by 2015..." (Richler, 2005, 37). Hence, according to Beresford 1996), combating global poverty is a key issue in the disability movement.

 Wars and political upheavals

Another aspect that appears to challenge the equalization of opportunities for disabled people is war and its associated political upheavals (Priestley, 2001). As Driedger (1987) observed, war and political upheaval have had adverse effects on disabled peoples' lives and their rights seem grossly violated in war times anywhere in the world; effectively excluding them from participating in the social and capital capacity building of affected nations. Priestley (1987) also notes that wars have resulted in millions of disabled refugees and displaced persons in and around war tone zones. Supposedly, in Central Africa, the Middle East, and Afghanistan and in Central America, war is perceived as a major cause of disability. War landmines have also massively contributed to causing disability of various sorts and thus the achievement of peace has become a global disability issue. The European Union's commitment to eradicate landmines on a global scale seems illustrative, but the role of the United Nations in this matter appears "invisible".

 In a speech to the European Union parliament, the European Union's Commissioner for External Affairs noted that one hundred and forty four countries have so far ratified the Mines Ban Treaty (Waldner, 2005). Numerous other summits have been held to discuss the reduction of the number of people either killed or maimed by landmines. Waldner conceded that the annual number of landmine victims has dropped from 26 000 to below 15 000 (Waldner, 2005). The Disabled Peoples International (DPI, 1998) took issue with this matter at their World Assembly in 1998 in Mexico City and a subsequent visit by the DPI World Council to Hiroshima, the site of the Second World War atomic bomb, resulted in the International Peace Declaration by the global disability organizations.

 However, war and political upheaval have ironically also, had a positive impact on the lives of disabled people. In countries where there were revolutions such as Vietnam, Kenya, Zimbabwe, South Africa, Namibia and Nicaragua, Ingstad and Whyte (1995) and Montero (1998), observe that disabled people, in the process were venerated and  "practically considered national heroes and were given all the opportunities possible to develop and strengthen their organizations", and to access funding, education, jobs, and other services. War veterans seemed to experience disability in positively very different ways as compared to those disabled before the revolutions.

Work

For many disabled people, the demand for access to work may be perceived as a major signifier of independent adulthood and a crucial component to the struggle for equality. Yet, as Priestley (2001; asserts, disabled people globally "continue to be disproportionately unemployed, underemployed and underpaid…"  This assertion is reflected in, for instance in the focus of the British Government's proposal to tackle oppression of disabled people on the work place (Barton and Oliver, 1997). The British Government cut back on the Access to Work scheme and the disabled people's organizations fought that decision asserting that the right to a job is a fundamental human right (Barton and Oliver, 1997). Such challenges for access to jobs by disabled people appear to have become common in many countries. Hence in 1983, the International Labour Organization adopted a Convention Concerning Vocational, Rehabilitation and Employment (Disabled Persons) (ILO, 1983) to ensure equality of opportunities and equalization of treatment of disabled people at work and social integration. However, despite much effort at the global level to include disabled people in the work world, at the local level, some would continue to be excluded by their impairments because some tend not to be capable of producing goods or services to contribute to the social and economic capital base. To this, Barton and Oliver (1997;35) comment that this is so "because in any society........certain products are of value and others are not regardless of the efforts that go into their production."

 Education

Education occupies a unique position in modern society today because it tends to benefit both society and the individual as it is considered a public good (Psacharopoulos and Woodhall (1985). The advances in knowledge and scientific understanding seem to strengthen the optimism that society holds of education (Lauder et al.2006). Education offers optimism to influence the well being of people and nation state because according to Lauder et al. (2006), education is perceived by almost all people as the means by which to improve individuals' lives and an understanding of their place in the world.

.Typically, therefore, as global market trends and technologies continue to develop in new pathways, education tends to become commdified and free access to education seems to also become even more important for everyone. However, disabled people seem to continue to be challenged in their quest to access educational opportunities available. In their zeal to acquire knowledge and skills needed in the evolving world of work, Peters (1996) notes that the inequitable access to educational benefits results in the inaccessibility to work; thereby propelling further the creation of an impoverished community. In some societies, for instance the Pakistani, disabled girl children education is not considered important (Shah, 1990). And from a personal viewpoint, it appears this perspective is in existence among some religious communities in Southern Africa. Such barriers to access to education challenge many disabled people and compel them to be dependant upon their families in many countries (Priestley, 2001). In addressing these matters, the United Nations, through the various protocols such as the Salamanca Statement, the Dakar Framework, the Jomtien Conference and others, seeks to

Ensure equal educational opportunities at all levels for children, youth and adults with disabilities in integrated settings, taking into full account of individual differences and situations (World Summit on Social Development, Commitment 6, item f, 1995).Consequently, at the national level, governments the world over have had to formulate legislation and initiatives consistent with the vision of the United Nations.

However, in most African States, these policies and legislation were absent and a concerted effort was made to put them in place through the African Unions'   Continental Plan of Action which is aimed at implementing priority activities on disability during the African Decade of Persons with Disabilities (1999-2009) (Secretariat of the African Decade, 2004). In order to create an equitable society in Africa, the Secretariat of the African Decade facilitates the development of highly progressive policies and legislation, which if properly used, can over periods drastically reform the social disadvantages experienced by all disabled persons. For example, Ghana adopted the Free, Compulsory and Universal Basic Education (FCUBE) (Sawyerr 1997), initiative in line with this United Nations vision. In Zimbabwe, the Basic Education Assistance Module (BEAM) was initiated cognizant of the same vision. The USA initially passed Public Law 92-142 (PL 92-142) Education for All Handicapped Persons Act (Gearheart, Weishahn and Gearheart, 1982). Then in 1975, the American Congress enacted the Individuals with Disabilities Education Act (IDEA) from which initiatives like the "No Child Left Behind" (NCLB) (Astoria 2007), were born. In the United Kingdom, the "Every Child Matters" Green Paper (The Stationery Office, 2003) is similar in principle to the American IDEA. 

 Several nations have put in place similar protocols to deal with equalization of educational opportunities to all people in their systems. To emphasize this, the United Nations Copenhagen Declaration on Social Development included specific pledges on equal educational opportunities for disabled children and young people. (World Summit on Social Development 1995).

A PERSONAL THOUGHT

It may be naïve to conclude that globalization alone has caused the challenges experienced by disabled people, or that nothing can be done to improve the equalization of opportunities in their situations. In real essence, it appears; the less developed countries have not been able to integrate disabled people within the global economic and social development as quickly as others, partly because of their chosen policies and partly because of factors outside their control such as imposed economic structural adjustment programmes (SAPs), debt burden caused by the Bretton Wood Institutes and wars and conflict. In my opinion however, it appears no nation state, least of all the poorest, can afford to remain isolated from the global social and economic capacity building initiatives. Every country should seek to provide for the needs and access to the basic services of all its citizens in order to reduce challenging situations and to increase equal opportunity initiatives to ameliorate suffering among its disabled people populations.  The self organization of disabled people into groups seems to raise their values and voices, and is also a fundamental right that disabled people should continue to exercise. Through globalization principles, the international community should endeavour to invest in disabled people. On economic grounds, investment in disabled people is justified as long as the consequential capital investment does not exceed the cost of benefits derived.  .

CONCLUSION

In conclusion, this essay discussed the concepts of globalization and disability. Descriptions and definitions of both terms were made. Within the globalization concept, disability was discussed. Then a historical framework of disability in the global context was suggested. It seems definitions of disability vary across communities. The challenges that face disabled people in their zeal to achieve full independence in the control of their lives and to contribute to the social and economic capacity were also highlighted. However, as globalization progresses; living conditions seem to improve significantly in virtually all countries. But that the economic disparities between developed and less developed countries seem to have grown wider and wars and political upheaval as well the incapability of escaping from poverty are matters of concern that seem to affect the majority of disabled people. The number of the world's citizens who are in poverty seems disturbing- let along among the population of the disabled people.

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About the Author

Partson Musosa Phiri is a candidate for the Ed. D degree in Policy and Values at the University of Hull(UK).He also holds M.Ed. from the same University. Additionally, Partson M. Phiri also holds the following qualifications: B. Ed. (Planning and Policy)(U.Zim); Dip.Ed (Special Education); Cert.Ed. He won scholarships from the following bodies:. Canon Collins Education Trust for Southern Africa,                               Joint Japan World Bank Graduate Scholarship Programme Wakeham Trust, All Saints Educational Trust        

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by Janet Attard

If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.

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Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.

If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.

© 2008 Attard Communications, Inc. Janet Attard is the founder and CEO of Business Know-How, a popular small business website that has been providing information and resources to businesses for 20 years. BusinessKnowHow.com is a source for labor law posters and safety posters. The website also provides a wealth of ideas, tips and hints for marketing and managing small businesses. Subscribe to the Business Know-How newsletter at http://www.businessknowhow.com/newsletter/subscribe.htm

Online reprints of this article must include the author's byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.

About the Author

Janet Attard is a small and home business expert, author and founder and CEO of the Business Know-How small business website. The site provides business ideas, tips, hints and resources for starting a business, marketing, Internet marketing, and managing employees. For more free information to grow your business, visit http://www.businessknowhow.com.

Law Firm Marketing for Small Law Firms

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Groundswell of Asbestos Risks And Mesothelioma Lawsuits in California

In today's era of information, most people are well aware of the dangers that asbestos pose. Factories, refineries, automotive companies, and construction sites are the leaders of Mesothelioma risks and asbestos exposure.


There are numerous asbestos-related risks and Mesothelioma risk factors lingering around California that have little to do with factories and labor companies. Asbestos has been brought back to the forefront of health concerns despite tougher asbestos laws. As if asbestos laden debris isn't enough of an insult, asbestos is being released through the vast amounts of construction occurring in the many areas of California, including Richmond and Oakland.


Despite the asbestos reform laws in the early eighties due to the risk of Mesothelioma, this fire resistant material is still used in modern day construction as a cost effective, safety conscious building material. Though asbestos is used in lower concentrations because of its very obvious links to mesothelioma, it is still far from being outlawed as it should be.


Residents in Richmond, California and the surrounding Bay Area are at a very high risk for current asbestos exposure and later cases of Mesothelioma. With percentages of older homes, businesses, and buildings carrying high levels of asbestos, a mesothelioma case is simply waiting to happen. Add that exposure to the high exposure rate that the new construction has brought, and somebody really needs to take a long hard look at what the potential fallout may very well end up meaning.


The government itself certainly has knowledge of the Mesothelioma risk and the asbestos exposure. Legislation is hanging in the balance to determine that those who were exposed to asbestos and are likely to contract Mesothelioma later in life are not going to be permitted to file Mesothelioma lawsuits. The government is trying to state that while they are well aware of the risk of future Mesothelioma cases, they are trying to deny the people their right to medical and legal claims associated with Mesothelioma.


The government claims that they are willing to set aside funds that will allow Mesothelioma claimants to file for medical coverage if they meet stringent guidelines concerning asbestos exposure and Mesothelioma contraction. This is a phenomenal slap in the face to those who were unknowingly exposed to asbestos and the threat of Mesothelioma. The government can't even ensure that social security funds will be available in twenty to thirty years, not to mention that hands down, private health care is far and above government health care.


This new law would of course not be surprising. Ample laws have been passed protecting the government and businesses from worker claims. Mesothelioma laws have already hit governmental facilities as well in Pennsylvania, Ohio, and a few Midwestern states. These laws prohibit workers from suing their companies, provided their companies pay for their medical expenses which are deemed "necessary." These laws will leave Mesothelioma and other health care choices in the hands of the insurance companies and do not provide for various other financial liabilities which are bound to occur when Mesothelioma creates symptoms bad enough that the injured party can no longer hold gainful employment.


Louisiana legislation was enacted after lawmakers were petitioned by companies who were sued by healthy claimants after selling asbestos laden fill dirt to homeowners who were rebuilding after Hurricane Katrina. The contractor who sold this fill dirt was successfully sued for the risk that the exposure to the asbestos presented to the homeowners and their families. In a time when Mesothelioma is well enough understood to be rightfully feared, the contractors had the responsibility to their own welfare and the welfare of others to be sure their product was clean of asbestos.

These types of lawsuits serve a greater purpose than providing future financial relief for families who were exposed to asbestos and placed at risk for future cases of mesothelioma. Mesothelioma settlements such as these send a very clear message that the public is tired of being placed at risk for dangers that can be prevented. The governmental stance on this lawsuit allows for companies to increase their levels of irresponsible exposure while undermining the value of the worker. Mesothelioma is a virtual death sentence, and by allowing companies to abandon Mesothelioma victims, it creates a further risk for everyone.


Substantial mesothelioma settlements and awards are necessary to keep companies accountable and within the bounds of human expectation.

About the Author

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs throughout California and focuses on injury cases involving Mesothelioma. Visit http://www.nickjohnsonlaw.com or call 1-888-311-5522 immediately to request a free case evaluation.

H1b Immigration Attorney Bay Area

"DIVORCE LAW of INDIA NEEDS URGENT AMENDMENT" - LAW MINISTER OF INDIA

DIVORCE LAW of INDIA –

AMENDMENT AS PER LAW COMMISSION’S RECOMMENDATION IN 2009 –

NOT YET DONE

Another case of: - JUSTICE DENAIED when JUSTICE DELAYED

Groom: Aged about 40yrs, Bride: 41 yrs, Son: Aged about 12yrs

PAST

On or about 1984, I, at the age of 15 years proposed to a 16-year girl – and the story began. I forgot that I lost my father at the age of 11 years, had a sister aged 6 years and my widow mother. I had lots of responsibilities to carry out as the only son of my beloved father. In a romantic mood, I forgot the difference in financial status of the two families. The story could have been entirely different if the girl would have refused me then and there, but she accepted me. But her family was “matured” and they opposed it in every possible way. I had my first big exam (10+) just at door. In spite of broken heart I tried my best and got 70% in the exam.

Thereafter I could realise the real state of affairs, as the girl became totally silent. But I wanted to meet the girl at least once and finally found her in July 1988, in her college, 15 km away from her home. In between, the girl never informed me about her whereabouts. Again on that day the girl agreed to “CARRY ON” the romance for the time being.

In  1994, myself got married after lots of inside drama from her family. Her father could never accept me “from heart” as an eligible husband of his daughter and he did a “FAVOUR” to us; by managing to get a job for her, in a school 65 km away from her in-law’s house, just a month before the said marriage. Meantime I managed to make a house with the proceeds received from LIC, obtained after my father’s death. At that time, I was looking after the “small” business left by my father. But her father could never rely on my financial condition and his daughter continued with the service by ferrying daily up and down 130 km. She used to stay very often at her father’s house (close to workplace). She conceived in 1995, but had a miscarriage, and she had two more miscarriages after that in two consecutive years. I lost the joy of being a FATHER and the doctors told specifically that all these miscarriages happened due to her daily strenuous journey. In between, I have decided to take up a job. And my wife finally decided to leave her job, her father also agreed (after some drama again) to the decision. And just after that she became the “proud mother” of our only son.  But she could never forgive me for that decision, although she made her own decision always.

I started feeling humiliated for the indirect responsibility for the cause of leaving her job. The misunderstanding began and it increased day after day. I concentrated on my job, and obtained recognition from my employer. I was earning enough to carry on my responsibilities. I built up another floor in the house, since my mother had a long desire for that. I performed my last pending duty by getting my sister married in 2006. I started realising slowly, that I am nothing but a moneymaking machine for my wife. Needless to say, in between, the marriage lost all its charm in all way. My wife became a “lady” by then and was reasonably satisfied with her monetary status, and I became a late 30’s gentleman and kept myself satisfied with my job with an understanding that for the sake of my son, we should stay together.

But from 2007, she started taunting me even in front of my son. I became mentally broke. My health was broken, started suffering from IBS, BP etc. (diseases from tension and mental unrest) and started thinking about separation and divorce. I had to take sedative regularly. At the same time I was worried about my son’s future. We were sleeping in different rooms from 2008. My wife stopped using Sindoor from 2006. I really wanted to forget all her past behaviours as bad dreams, but I couldn’t.  I love my job; it has given me my own identity and before the situation affects my job performance, I wanted to end it. I was in a dilemma till April 2009 (on the death anniversary of my father); when she humiliated me about my parents and myself with some nasty words (“you have some problem in your blood, that’s why I am worried about my son’s future staying with you”). I have finally decided for DIVORCE. Previously, she said many times that she would also prefer the mutual application for Divorce. But this time she disagreed and after discussing with her father, they demanded huge ransom money as “compensation”. She also told me that as divorce is inevitable, one of us should leave the house. I wanted to provide my son at least the same house after separation, which I felt necessary for my son’s upbringing. I shifted to a rented apartment near my place of work in July 2009. She was taking money (whatever needed) from me as usual and delaying the filing process for any separation, keeping the same humiliation process on. I agreed (also paid till date) to pay all necessary expenses for maintenance of my son and wife, including the maintenance for the house where they are still staying with my mother. After all this in 25 years, her father again failed to rely on me. Earlier, I had no money, so they hesitated to get myself married to her. But now, they do not know how much money to claim from me, to spoil me even after Divorce, and that is why they are hesitating to go for a mutual divorce. So I had no other alternative to file the divorce petition in September 2009. I know lots of odds will come from my mother and relatives, as divorce is still considered as a social taboo. Each marriage is between two individual – not between “Ideal Wife” and “Ideal Husband”. I am responsible for my job (doing it last 13 years) as well as my family. I belong to a social class and agree to pay any reasonable maintenance (the only sub clause was recommended as check measure for divorce for Irretrievable Break Down) as decided by the Honourable Court.

Contest divorce itself is a very tough decision. Even in my professional life, people are not taking it easily. Still I want to take my own black spots, my failure in the marriage - to the public, at least to the people who matters; cant play hide and seek game anymore. I stopped myself several times; thinking about my son, but he should also better see one parent than parents without love or respect for each other. Perhaps by staying apart both of us can maintain a healthy relation with him.

PRESENT

[ Lots of incidents happened in between: -

In October, I felt sad for my son (but nothing for my wife) and came to my old address. But the “drama” continued. I got seriously depressed after noticing my wife’s behavior. Actually she got much more “CRUEL”, and silently (sometime with abusive language in a very low voice) she started humiliating me.  Finally, I went to a psychiatrist. I was suffering from a tremendous depression and trauma for my wife’s behavior. After being checked up by 2 more doctors, I am taking anti-depressant drugs since then. Recently (January, 2009) I got a “fit certificate” from Doctor, but still having medicines. In between, she forced to bring all household goods from my rented apartment and stopped to me sell the same, although some items (like fridge) were duplicated. I really got spellbound noticing her attitude. She forced me to shift to 1st floor leaving my mother on ground floor. On 1st floor we were sleeping in different rooms .Now I am again residing at my rented apartment. ]

Now it’s already 5 months gone after my filing. The first date was in Dec 2009. On that day I just got another date. And on the next date also, I shall surely get just “another date.”

Is not this the right (if not delayed already) time to address the problem associated with Indian Divorce Act itself?  Please note, I am not the 1st to say this, the law commissions already felt this in 1971 and 2009 (reports enclosed). Both “seriously” recommended introducing THE IRRETRIEVABLE BREAK DOWN OF MARRIAGE as another ground for divorce. We have now a “Fault divorce” and mutual divorce. When my partner and me can’t agree on a less affecting thing like “mutual divorce” (which means to break the tie of marriage), how can we STAY TOGETHER in marriage thereafter? All of us know that, staying together (in any form) requires much more agreement between any two people than to stay apart. That means I have to request (or beg or buy) my wife to be free from marriage, just like a sentenced captive from the Jail. Judiciaries indirectly being used as a tool to bargain terms for divorce, in cases like this. Yes, when there is legal battle between couple, who are staying separate over a year, the only motto can be to get a “good bargain” or to harass one spouse by mere non-cooperation. My wife now more “ cruel” in behaviour. She is fighting legally with me – that means she don’t have any ‘emotional” dependence on me. When we talk about our “old tradition of marriage” we often forget that, no “traditional” wife will come to court to keep or leave her marriage.

I would like to mention another thing. My petition primarily based on “CRUELTY”, as the most suitable “available ground” for divorce. But one has to understand that fairer sex normally don’t act “cruel” by physical nature. Even in some cases “SILENCE” or “ABSENCE OF CORDIAL NATURE” between husband and wife can be cruelty of severe nature, which happened in my case. And when a person like me, who act as a Manager in a reputed company, files the divorce for wife’s cruelty, it can effect my professional reputation to a great extent. Actually it’s very much humiliating for me to file the petition and fight for that. It’s not explainable to anyone, but one who is in similar condition, can very well understand this. Broken marriage is not a crime and by the recommended amendment, divorce law can address that break with far less complexity. As we all know, nobody or nothing can compel a couple or any two people to live together. Present Divorce Law can delay (and make more bitter) the process of divorce, but can’t really change the direction in this scenario.

Can the Judiciary ask me to point out very private part of my life like marriage? Is not this hampering my basic fundamental right as a citizen? When there is no such law for a “father & son” or “mother & son” relation to be in that tie for ever (although maintenance clause is there), why would be such gross disparity in case of marriage? Are later the more “NOBLE” or “MUST ON” relations than the earlier? Is institution of marriage a serious “offense”, which if I have done once, can’t be freed till my death? Is wedlock means deadlock?

Now as an effect I have two options –

EITHER to stay in my marriage forgetting about my own negative feelings compromising with my health and peace of mind

OR

To badmouth my son’s mother in the court to prove her fault to get rid of her.

In both cases either my wife or I would be sufferer, not the Honurable Judiciary or the legislative body! Won’t the chances of any healthy relation would decrease or diminish just because of amount of tension created between us during the process, as more dates means more blames or more defense (which is also a part of attack mechanism)? Even the child would be indirectly sufferer for the bitterness between the parents as helpless witness of the whole event.  Breaking up is a hard decision for anyone, but while doing, why we (in the process itself for its duration & nature) need to be nasty instead of peaceful? If a marriage can be done in a one-month notice period, why the divorce would be delayed for YEARS?

I am referring to some very pertinent cases where Honourable Supreme Court of India understood the gravity of the circumstances and granted the decree of divorce by dissolving the marriage, sometimes even after the lower court’s verdict in an opposite direction. In most of the cases, petition filed against wife’s cruelty. Judiciary understood that delaying the process would only increase bitterness between the couple. Whenever we delay something, it affects. In this scenario its affecting unfortunate people like me.

(1) N. G . Dastane Vs S. N. Dastane

DATE OF JUDGMENT : 19/03/1975

BENCH: CHANDRACHUD, Y.V. GOSWAMI, P.K. UNTWALIA, N.L.

CITATION: 1975 AIR 1534    1975 SCR (3) 967, 1975 SCC(2)   326CITATOR INFO : RF 1988 SC 121 (7,10)

(2) SIRAJMOHMEDKHAN JANMOHAMADKHAN  HAFIZUNNISA YASINKHAN & ANR

DATE OF JUDGMENT14/09/1981

BENCH:FAZALALI, SYED MURTAZA

BENCH:FAZALALI, SYED MURTAZA

SEN, A.P. (J)

CITATION:

1981 AIR 1972 1982 SCR (1) 695

1981 SCC    (4) 250 1981 SCALE    (3)1400

(3) Shobha Rani Vs Madhukar Reddi

DATE OF JUDGMENT12/11/1987

BENCH:SHETTY, K.J. (J), RAY, B.C. (J)

CITATION: 1988 AIR 121    1988 SCR    (1)1010

1988 SCC    (1) 105 JT 1987 (4)    433

1987 SCALE    (2)1008

(4) V. Bhagat Vs D. Bhagat

DATE OF JUDGMENT 19/11/1993

BENCH: JEEVAN REDDY, B.P. (J), KULDIP SINGH (J)

CITATION: 1994 AIR 710, 1994 SCC    (1) 337

JT 1993 (6) 428    1993 SCALE    (4)488

(5) Romesh Chander Vs Savitri –

DATE OF JUDGMENT 13/01/1995

BENCH: SAHAI, R.M. (J), MAJMUDAR S.B. (J)

CITATION: 1995 AIR 851    1995 SCC (2)    7

JT 1995 (1) 362    1995 SCALE    (1)177

(6) SMT. KANCHAN DEVI Vs. PROMOD KUMAR MITTAL & ANR.

DATE OF JUDGMENT:    03/04/1996

BENCH:ANAND, A.S. (J)

BENCH:ANAND, A.S. (J)FAIZAN UDDIN (J)

CITATION:JT 1996 (5) 655    1996 SCALE    (3)293

(7) Ashok Hurra Vs Rupa Bipin Zaveri

DATE OF JUDGMENT: 10/03/1997

CIVIL APPEAL NO 1835 OF  1997

(8) G.V.N. KAMESWAR RAO Vs G. JABILLI

DATE OF JUDGMENT:    10/01/2002

1. CASE NO.:Appeal (civil) 140 of    2002

BENCH: D.P. Mohapatra & K.G. Balakrishnan

(9) Praveen Mehta Vs Inderjit Mehta

DATE OF JUDGMENT 11/07/2002

1. CASE NO.: Appeal (civil) 3930 of    2002

(10) A. Jayachandra Vs Aneel Kaur

DATE OF JUDGMENT: 02/12/2004

1. CASE NO.:Appeal (civil)    7763-7764 of 2004

BENCH: RUMA PAL, ARIJIT PASAYAT & C.K.THAKKER

(11) Durga Prasanna Tripathy Vs Arundhati Tripathy     DATE OF JUDGMENT : 23/08/2005

1. CASE NO.: Appeal (civil)    5184 of 2005

(12) Vineeta Saxena Vs Pankaj Pandit

DATE OF JUDGMENT: 21/03/2006

1. CASE NO.: Appeal (civil)    1687 of 2006

BENCH: Ruma Pal & Dr. AR. Lakshmanan

(13) K R MAHESH Vs MANJULA

DATE OF JUDGMENT: 11/07/2006

1. CASE NO.:Transfer Petition (civil)    947 of 2005

BENCH:ARIJIT PASAYAT & S.H. KAPADIA

(14) Kajol Ghosh Vs Sanghamitra Ghosh

DATE OF JUDGMENT: 20/11/2006

1. CASE NO.: Transfer Petition (civil)    228 of 2004

BENCH: G.P. MATHUR & DALVEER BHANDARI

(15) Rishikesh Sharma Vs Saroj Sharma

DATE OF JUDGMENT 21/11/2006

CASE NO.:Appeal (civil) 5129 of 2006

(16) Sujata Uday Patil Vs Uday Madhukar Patil

DATE OF JUDGMENT: 13/12/2006

1. CASE NO.: Appeal (civil)    5779 of 2006

BENCH: G.P. Mathur & A.K. Mathur

(17) Mayadevi Vs Jagdhish Prasad

DATE OF JUDGMENT: 21/02/2007

CASE NO.:Appeal (civil) 877 of 2007

BENCH: Dr. ARIJIT PASAYAT & DALVEER BHANDARI

(18) Samar Ghosh Vs Jaya Ghosh

DATE OF JUDGMENT: 26/03/2007

1. CASE NO.: Appeal (civil)    151 of 2004BENCH: B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari

(19) Satish Sitole Vs Smt Ganga

DATE OF JUDGMENT : 10/07/2008

CIVIL  APPEAL  No. 7567  of  2004

(20) Suman Kapur Vs Sudhir Kapur

DATE OF JUDGMENT 07/11/2008

CIVIL APPEAL NO.6582 OF 2008

And Last but not the least, THE LANDMARK JUDGEMENT

(21) Naveen Kohli Vs Neelu Kohli

DATE OF JUDGMENT 21/03/2006

1. CASE NO.:Appeal (civil)    812 of 2004

Some Newspaper articles about our present Divorce Law: -

“Examining the irretrievable breakdown of marriage as a ground for divorce
Ankit Kejriwal, Prayank Nayak

Irretrievable breakdown of marriage can be defined as such failure in the matrimonial relationship or such circumstances adverse to that relationship that no reasonable probability remains of the spouses remaining together as husband and wife for mutual comfort and support. It is the situation that occurs in a marriage when one spouse refuses to live with the other and will not work towards reconciliation. When there is not an iota of hope that parties can be reconciled to continue their matrimonial life, the marriage can be considered as Irretrievable Breakdown of marriage.

This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not. In England, the gate for this theory was opened up in the case of Masarati v. Masarati, where both the parties to the marriage had committed adultery.  The court of appeal, on wife’s petition for divorce, observed breakdown of marriage. The law commission of England in its report said, The objectives of good divorce law are two: one to buttress rather than to undermine the stability of marriage and two, when regrettably a marriage has broken down, to enable the empty shell to be destroyed with maximum fairness, and minimum bitterness, humiliation and distress. On the recommendation of the Law commission, Irretrievable Breakdown of Marriage was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1973. The Matrimonial Causes Act, 1959 of the Commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. In India, breakdown of marriage is still not ground divorce in spite of the recommendation of the Law Commission and various Supreme Court judgments to include breakdown of marriage as a ground for divorce. This paper examines the need to introduce irretrievable breakdown of marriage as a ground of divorce.

Theories of divorce

The provisions relating to divorce are contained in Sec 13 of Hindu Marriage Act, 1955. The Act recognizes two theories of Divorce: the fault theory and divorce by mutual consent. Under the fault theory, marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and an innocent party and only innocent party can seek the remedy of divorce. However the most striking feature and drawback is that if both parties have been at fault, there is no remedy available.

Another theory of divorce is that of mutual consent. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of their relationship of their own free will. However critics of this theory say that this approach will promote immorality as it will lead to hasty divorces and parties would dissolve their marriage even if there were slight incompatibility of temperament. Some of the grounds available under Hindu Marriage Act can be said to be under the theory of frustration by reason of specified circumstances. These include civil death, renouncement of the world etc. In this article we shall see that how these theories, owing to change in social circumstances and change in attitude towards the institution of marriage had failed to provide full justice in matrimonial cases.

Judicial opinions

 The Supreme Court has adopted a literal view and granted divorce under irretrievable breakdown of marriage. In Ashok Hurra v. Rupa Bipin Zaveri, the husband and wife filed a suit for divorce by mutual consent. But, subsequently wife withdrew her consent. So the petition was dismissed by trial court. The Supreme Court held that We are of the view that cumulative effect of various aspects involved in the case indisputably point out that marriage is dead both emotionally and practically, and there is no chance at all of the same being revived and continuation of such relationship is only for name-sake. The Honble Court used Article 142 and granted divorce. The Delhi High Court in its full judge bench decision in Ram Kali v. Gopal Das, took note of modern trend not to insist on maintenance of an union which was broken and said, ‘it would be practical and realist approach, indeed it would be unreasonable and inhumane, to compel the marriage to keep up the facade of marriage even though the rift between them is complete and there are no prospects of their living together as husband and wife’. In the case of Savitri Pandey v. Prem Chandra Pandey, the Supreme Court reiterated the need for the inclusion of irretrievable breakdown of marriage as a ground for divorce. The Supreme Court in Manjula v. K.R. Mahesh held, the marriage has irretrievably broken down and there would be no point in making an effort to bring about conciliation between the parties. In Neetu Kohli v. Naveen Kohli, husband alleged that the wife was quarrelsome and was found in compromising situation with one Biswas Rout. The wife counter alleged that husband had a concubine. This established that the marriage had broken down irreparably and hence granted divorce on grounds of an irretrievable breakdown. It also observed that it was high time that this be included as ground for divorce in the Hindu Marriage Act, 1955.

Seventy-first Law Commission Report

The 71st Law Commission of India submitted to the Government on 7th April 1978 dealt with the concept of irretrievable breakdown of marriage. This matter was taken by the Law Commission as a result of the reference made by the Government of India in the Ministry of Law, Justice and Company affairs. The Report points out the fact that the fault and the guilt theories of divorce are not sufficient and cause injustice in those cases where the situation is such that although none of the parties is at fault, or the fault is of such a nature that the parties to the marriage do not want to divulge it, yet there has arisen a situation in which the marriage cannot be worked. The marriage has all the outward manifestations of marriage but the real substance is gone, it’s just like an empty shell. The Report unequivocally asserts that in such circumstances it will be in the interest of justice to dissolve the marriage. It is also mentioned in the Report that in case the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce; the parties alone can decide whether their mutual relationship provides the fulfillment, which they seek. Divorce should be seen as a solution and an escape route out of a difficult situation. Such divorce is unconcerned with the wrongs of the past, but is concerned with bringing the parties and the children to terms with the new situation and developments by working out the most satisfactory basis upon which they may regulate their relationship in the changed circumstances. The majority view, which is shared by most jurists, according to the Law Commission Report, is that human life has a short span and situations causing misery cannot be allowed to continue indefinitely. A halt has to be called at some stage. The law cannot turn a blind eye to such situations, nor can it decline to give adequate response to the necessities arising there from. By refusing to sever that tie the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties.

Other jurisdictions 

In most developed nations, the irretrievable breakdown of marriage is recognised as a ground for divorce.

New Zealand

New Zealand was the first country to recognize it, through the  (New Zealand) Divorce and Matrimonial Causes Amendment Act, 1920 where a separation agreement for three years is a ground for making a divorce petition

  AUSTRALIA

The Matrimonial Causes Act, 1959 of the commonwealth of Australia provided for divorce on the grounds of breakdown of marriage.  The Family Law Act (Australia), 1975 considers irretrievable breakdown as sole ground for divorce If a marriage breaks down, it can legally be ended by the court granting a Divorce.There is only one ground for divorce in Australia - the fact that the marriage has irretrievably broken down. The legal test of irretrievable breakdown is that you have lived apart for at least twelve months and there is no prospect of reconciliation. As far as the court is concerned, this is all you have to establish. The judge won't be interested in who left whom, or whether one of you is having an affair, or whose 'fault' it was that the relationship broke down.

Brazil

Presumably due to the influence of the Roman Catholic Church, divorce only became legal in Brazil in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office when there is a consensus, the couple has been separated for more than a year and have no underage or special-needs children. The divorcees need only to present their national IDs, marriage certificate and pay a small fee to initiate the process, which is completed in two or three weeks.

Canada

Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order to end a marriage. Most other provinces incorporated the English Matrimonial Causes Act of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery and a wife to get one only if she established that her husband committed any of a list of particular sexual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery. .

Under the Divorce Act, 1967-68 it (IBM) is clearly recognised as a ground for divorce, apart from the normal fault grounds.

The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault based grounds including adultery, cruelty and desertion.

In Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, which differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.

The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year.

 Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming. The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated, since there is no such thing as a "legal separation" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year.

On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce.

France

The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).

Sweden

To divorce in Sweden the couple can file for divorce together or one party can file alone. If they have children under 16 living at home or one party does not wish to get divorced there is a required contemplation period of 6 to 12 months. During this period they stay married and the request must be confirmed after the waiting period for the divorce to go through.

United Kingdom

England and Wales

In England, on the recommendation of the Law Commission, it was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1969.

A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'

From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.

There is only one 'ground' for divorce under English law. That is that the marriage has irretrievably broken down.

There are however five 'facts' that may constitute this ground. They are:

• Adultery

often now considered the 'nice' divorce.

respondents admitting to adultery will not be penalised financially or otherwise.

• Unreasonable behaviour (most common ground for divorce today )

the petition must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.

the allegations may be of a serious nature (eg. abuse or excessive drinking) but may also be mild such as having no common interests or pursuing a separate social life ; the courts won't insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is "unreasonable" as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce. [4]

• Two years separation (if both parties consent)

both parties must consent

the parties must have lived separate lives for at least two years prior to the presentation of the petition

this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.

• Two years desertion

Five years separation (if only one party consents)

Scotland

About one third of marriages in Scotland end in divorce, on average after about thirteen years. Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. Divorce (Scotland) Act 1976.

It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year.

United States

Marital Status in the U.S.

Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state. All states impose a minimum time of residence. Typically, a county court’s family division judges petitions for dissolution of marriages.

Prior to the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985 (New York is the last holdout ). However, most states require some waiting period, typically a 1 to 2 year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, or alimony.”

  Problems, suggestions

However the an attempt to introduce irretrievable breakdown of marriage as a ground for divorce has met with resistance by women organization on the grounds that husbands would desert their wives and then ask for divorce under breakdown of marriage. Also it has been stated by few that the concept of irretrievable breakdown of marriage is somewhat vague. In answer to first criticism it has to be stated in situation where wife has been deserted it indicates that husband wants to get rid of wife and any continuation of such relationship would not make sense to both the parties to the marriage. However a safety clause can be inserted which would empower the court to refuse divorce if it adversely affects the interests of the children. A provision for maintenance for child and wife should be made. As far as the second objection is concerned, it should be necessary for grant of decree of divorce under this theory that parties had lived separately for reasonably long time say for three years. Living separately can be considered as objective criteria for breakdown of marriage. 

The concept of marriage is moving from a sacrament to a contract. The spouse should be granted a right to move out of the wedlock if they cannot live together due to extreme situations. Justice Krishna Iyer in the case of Aboobacker v. Mam stated while the stream of life, lived in marital mutuality, may wash away smaller pebbles, what is to happen if intransigent incompatibility of minds break up the flow of stream. Since the social conditions prevailing in the country are peculiar, sufficient changes are needed to be made in the law made so that law is able to ameliorate the conditions of the people who, in absence of required law are craving for relief and hence would be able to make process of dissolution less excruciating. A question may be asked that when irretrievable breakdown of marriage has been recognized as a ground for divorce by judiciary why we need an amendment in legislation. This is so because amendment would lay down conditions and safe guards, which should be taken into consideration before the grant of any decree. 

It is high time that the Government recognizes the need of the time and save many couples from the disgrace and humiliation by introducing the irretrievable breakdown of marriage as ground for divorce under Section 13 of the Hindu Marriage Act, 1955.”

“Divorce law in our country belongs to an era that has long elapsed. But the laws have neither kept pace nor do they take into account the altered socio-economic realities of contemporary India. This is highlighted, once more, by the recent controversy surrounding grounds for divorce following Smriti Shinde's petition to the apex court urging it to consider granting unilateral divorce when a marriage has irretrievably broken down. The Supreme Court itself is ambivalent about where it stands on the matter.

Under the Hindu Marriage Act or the Special Marriage Act, there are no provisions that recognise "irretrievable breakdown" or "irreconcilable differences" as grounds for granting divorce when it is not a mutually consensual decision. However, in 2006, the apex court granted divorce in the Naveen Kohli vs. Neelu Kohli case, precisely because of irretrievable breakdown of marriage. But, early this year, another SC bench refused to entertain this argument in the Vishnu Dutt Sharma vs. Manju Sharma case. It decided to stick to the letter of the law.

This is as good a time as any for the laws governing divorce to be updated. In doing so, the issue must not be looked at through a moral prism alone. As Indians interface with the world and are exposed to new ideas and opportunities, there is bound to be a social churn, which impacts on personal affairs like marriage and family relations. Add to this the fact that more women today are economically more independent and assertive of their rights and choices. Divorce must be seen as a social reality, unfortunate though it might be, and not as a social evil.

There are of course legitimate concerns that waiving the mutual consent clause to grant divorce in cases of irreparable marital breakdown would put women in a vulnerable position. But that cannot be used as an excuse to deny those who would genuinely benefit from easing the process of obtaining a divorce. As things stand, one has to go through a lengthy, convoluted and extremely stressful procedure to get a divorce. It's time that changed.”

“Feelings of two human beings are involved in a couple’s

married life. This could not be patched up by enforcement of law by courts. It is up to the individuals to mend themselves. A horse can be taken to water but it is the horse that should drink it. However, the law should not deny divorce if the marriage has really broken down. By forcing unity with a hammer in the hand, the law does not serve the sanctity attached to the institution of marriage by religions. If the relationship of husband and wife wrecks beyond repair, what is wrong in recognizing that fact and allow them to live separately. How can one compel a wife or a husband to continue to live with spouse if they have fallen apart? If so compelled they would have to lead miserable life.”

Forget everything else, just imagine a scenario in a bedroom of a couple where a Judge is sitting and deciding about the “cruelty” performed or not among the couple. It must be sounding ridiculous and to avoid such embarrassment, Law Commission suggested the amendment in the divorce law itself through recent Report (Report no 217, November 2008): -

III.RECOMMENDATION

1. 3.1          It is, therefore, suggested that immediate action be taken to introduce an amendment in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 for inclusion of  ‘irretrievable breakdown of marriage’ as another ground for grant of divorce.
2. 3.2            The     amendment     may     also     provide     that     the     court     before granting a decree for divorce on the ground that the marriage has irretrievably broken down should also examine whether adequate financial arrangements have been made for the parties and children

I like to highlight some facts in countries, where NO- FAULT (effectively faster & peaceful) divorce exists: -

• A decline in the rates of domestic violence (which is obviously of a very high concern in India)

• These laws empower a man or woman in an “abusive marriage” and make it easier to leave and live separate

• Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing (very much valid in my case)

• Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation causing physical and mental damage to involved party (as in my case, I am having anti depression drugs as prescribed)

• Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault (I am ready to accept any reasonable amount decided by judiciary)

• Helps reduce the heavy caseloads of family courts (obviously valid for India)

Our legislation is hesitating to amend the law. Nobody wants to disturb the “STATUS CO”. Its human nature to resist any kind of change. A Surgery is done only when that is needed, to avoid some greater pain or loss. If we remember, we in India had customs like “SOTI DAHO PROTHA” (burning the widow with dead husband), which now we can’t even imagine. As we are getting exposed to

the world, we have to ratinolise our thought process and laws, by improvising any outdated system or rule. Staying apart for a

considerable period itself points towards the death of the marriage,

“Divorce” is just the legal nomenclature of that unfortunate incident. No divorce or even cause of any divorce will initiate because of the said amendment, but surely it will decrease the suffering of couple whose divorce already initiated. This amendment is only an addition to the grounds of divorce; no way it can hamper the relationship between a married couple. Mr Moily, honourable law minister of India stated recently :-

 ‘Moily said that the government may consider an amendment in

the law to make disposal of divorce and custody cases time-bound, as has been done for gram nyayalayas. He said that family courts will be given a target of winding up such cases -- where mutual consent is absent -- within a year of them being filed. He believes litigating couples should be freed quickly from a broken marriage in order to start life afresh.

"There is no need for divorce cases to drag on for years when the marriage has actually broken down. Similarly,children's custody

cases must be decided in a time-bound manner so that there is no uncertainty over their future," Moily said.’

I request and appeal to all, to raise voices in favour of the amendment of Divorce Law of India.

At the end we all must remember-

LAW IS MADE BY THE PEOPLE

LAW IS MADE FOR THE PEOPLE.

About the Author

WorkersCompensation.com's NewsLine Report for 1/23/2007

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Lease Up/Lease Down (Apr. 25 - May 1): SEC Expands, Fuddruckers Cuts Calories
CoStar compiles news of corporate expansions, relocations, extensions, closures, layoffs, lease cancellations and mergers in the weekly Lease Up/Lease Down news report, a concise read keeping you updated on major corporate moves affecting commercial...
Employment Discrimination in San Francisco, California

Business Laws: What You Need to Know

There are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.

If you've paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren't up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:

• Civil Rights Act of 1966.

• The Equal Pay Act of 1963

• Americans with Disabilities Act

• The Immigration Reform and Control Act of 1986

• The Age Discrimination in Employment Act

• The Equal Employment Opportunity Act

• The Bankruptcy Act

• The Occupational Safety and Health Act

• FMLA, the Family Medical Leave Act

• Employee Polygraph Protection Act Labor Law

• FLSA, the Fair Labor Standards Act

And that's not even counting the various state employment business laws that might apply to your business! If you aren't sure of whether you are meeting all the regulations, it's a good idea to get a checkup for your HR department.

Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.

And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren't careful to stay on top of things.

Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.

Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.

Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it's still a good idea to understand what regulations you must meet.

About the Author

For More Free Resources visit www.greatindustrialguide.com


For More Free Resources visit www.greatindustrialguide.com

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Border Patrol Fitness Standards? Any current or former CBP Agents out there?

Hi. I just recently passed my pre-employment fitness test for CBP, but I had a question about the Physical Efficiency Battery one has to pass to graduate from the Border Patrol Academy.

The PEB is NOT averaged into your Academy score nor is it a pass or fail test. It is administered to gauge your level of fitness at the beginning and end of the program. You take it twice and hopefully improve the second time. The confidence course is not part of the PEB.

There are three parts to the PT final that you have to pass in order to graduate and keep your job. They are - and in this order with little rest in-between:

-1.5 mile in under 13 minutes.

-The Confidence Course in under 2.5 minutes,

-Sprint 2/3 of the track in under somewhere around 40 seconds. No one ever fails this part.

The PT final is administered toward the end of the academy but also at the midterm. You don't have to pass the midterm but it can be an insurance policy should you get injured at some point and be unable to do the final.

There is also a swimming portion you must pass. It involves doing a dead man's float for 20 minutes and climbing then free-falling from a very high rope ladder. Students with a fear of heights have struggled mightily with this. Not everyone passes.

Someone from BORTAC and SRT will explain their standards when you get to the academy, but you're a long way from there and the other special details my friend! Good luck with everything and feel free to e-mail me with any questions having anything to do with the Border Patrol.

Affirmative Action is Racist !! (New Edition)

Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes--Bills’ Fate in Question as it is Transmitted to Governor Lingle

Hawaii Card Check Bill Passes:  Bills’ Fate in Question as it is Transmitted to Governor Lingle

A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature.  Governor Lingle will have until June 30, 2009 to issue a veto message.

If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.

The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.

The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.

The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”).  Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards.  Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.

In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of $5 million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years.  Finally, the bill includes new penalties of up to $10,000 for unfair labor practices.

A copy of the final bill transmitted to Governor Lingle can be accessed here:  http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm

Roman Amaguin, Esq; http://www.amaguinlaw.com; http://www.employmentlawyerhawaii.com

About the Author

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies.

Visit him at http://www.amaguinlaw.com and http://employmentlawyerhawaii.com

Putting Law to Work: The Resurrection of Workplace Self-Governance?

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Important Employment and Labor Law Provisions in Los Angeles

In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.

This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any violation. Yet, you may still depend on the expertise of Los Angeles Employment and Labor Law attorneys if, still, you find it hard to handle your situation.

Major Laws Intended for Labor and Employment

The following law provisions commonly apply to employers, employees, retirees, job seekers and other individuals or parties who play a part in the employment sector. This summary is intended to lay down some important information regarding labor law compliance and privileges. For a detailed knowledge about these laws, better read the whole provisions or have a consultation with your employment attorney in Los Angeles.

Workplace Safety and Health

Under the Occupational Safety and Health Act, employers have the general obligation to provide their workers with jobs and workplaces, which are free from any identifiable and serious risks. Any violation regarding this provision may be brought up to the Occupational Safety and Health Administration, which is the agency tasked to implement injunctions for such non-compliances among the public sector employees.

Worker’s Compensation

Federal employees may take the advantage of benefits payments due to loss of wages caused by their total or partial disability. This also includes payments to cover other related medical expenses and vocational rehabilitation. The Federal Employees’ Compensation Act applies to those workers who have obtained disability or died in performing their duties.

Among other statutes related to Worker’s Compensation are:

• Longshore and Harbor Workers’ Compensation Act – maritime employees

• Energy Employees Illness Compensation Program Act – Department of Energy employees

• Black Lung Benefits Act – coal miners

Wages and Hours

The Fair Labor Standards Act covers both private and public employers. This particular law sets the standard of paying wages as well as overtime hours for covered workers. Added details about this statute may be obtained from the Wage and Hour Division of the Employment Standards Administration, which administers the act.

Employee Benefits Security

Another useful law that regulates pension and welfare benefit plans offered by employers to their workers is the Employee Retirement Income Security Act or commonly known as ERISA Law. This requires various conditions regarding employees’ pension and welfare benefit plans and other related issues. The agency regulating this act is the Employee Benefits Security Administration.

Family and Medical Leave Act

This Labor Law provision compel all employers with at least 50 workers to provide up to 12 weeks of unpaid leave to qualified employees without the threat of reassignment to other job position. Employees may take their unpaid leave for these causes:

• Giving birth

• Taking care of a newborn or adopted child

• Caring for spouse, children or parents having serious illness

These are just some of the important Employment and Labor Laws. If you feel that your employer has violated any of these provisions, act immediately and seek the aid of your Los Angeles Employment and Labor Law attorneys. You may be entitled of compensatory damages or recoveries.

To help you with issues such labor law violations, you can consult with our skilled Los Angeles labor employment attorneys. You can visit our website and avail of our free case evaluation.

About the Author

Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

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Littler Adds Experienced Employee Benefits Lawyer to its Pittsburgh Office
www.littler.com [Littler Mendelson, P.C. (Littler), the nation’s largest employment and labor law firm representing management, announced today the addition of shareholder David Sawyer, a widely respected lawyer in employee benefits issues, to its Pittsburgh office.
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Employment Relations (Rest Breaks and Meal Breaks)
Tēnā koe, Mr Assistant Speaker, kia ora tātau katoa. Nā runga i te hiahia kia kōrerotia tō tātau reo Māori i roto i te Whare nei, kua kawe haerehia tēnei kōrero i roto i te reo Māori.
ALA Presidential Candidate Question Responses: Oliver on GLBT Employment Rights

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Immigration’s History and Motivation
Years ago, when Jeffrey Kaye and I were both contributors to New West magazine, I happened to interview a Chicano activist who observed that Southern California is to the Mexican people what Israel is to the Jewish people — a homeland to which they enjoy a right of return.
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Online Master's Degree - Increasing Your Competitive Advantage

Get the edge on others with a online master's degree program

Ever wondered why everyone else seems to be getting the promotions, while you're stuck with the same job and same salary? Have you heard rumors about possible cutbacks in your department and fear a job loss? The current downturned economy has caused many problems for people in the workforce. A strong defense is to make yourself an employee that's invaluable. You can do this by furthering your bachelor’s education the easy convenient way by getting a master's degree online.

Online Master's degree programs are offered in a variety of program courses. Regardless of what your interests may be, you'll be sure to find a master's degree online program that fits into your goals and lifestyle. Whether you've already decided you want to go back to school or are considering college for the first time, check out the many available master's degree programs online that best suits your interest and career. You'll suddenly have the edge on the other employees at work with your new designation or degree. Your boss and the management team will start to see you in a new light, realizing what an asset you are to the company.

What types of master's degree online programs are available?

You'll be happy to hear that there are a wide variety of courses and subjects you can pursue to earn your master's degree online. While your best advantage would be to pursue fields that seem to always have job security such as security, health care, law enforcement or education, there are new programs available in areas of computer security, IT, project management and more. Once you find an accredited master's degree online program, you'll have access to counselors that can give you all the information you need and help you make a career selection based on your interests, location and overall career goals.

Benefits of master's degree programs online

The internet is playing a large part in our lives today. More and more you're hearing people say they've earned their bachelor's or master's degree online. Master degree online programs offer you the opportunity to pursue an education while still working and not taking away time from your family. They offer programs and courses that are flexible and affordable. If you're already on a budget, earning your master's degree online is still very attainable. Many of the master degree programs online also offer financial aid so education is something everyone can afford.

The next time you hear rumors of possible job cuts, you'll have the security of knowing that you're trained to work in more than just one job. If you are forced to look for employment elsewhere, you'll have a degree to show a potential employer and give you an edge in your profession.

About the Author

Mary Jackson is a contributor for http://www.distance-learning-college-guide.com an online college resource for further education. Find more information on distance learning degrees including various online masters degrees that you can earn online at http://www.distance-learning-college-guide.com/online-masters-degree.html

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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.

To know more about Covering Angles and Risk Management please refer to http://riskmgmtadvisors.com/

About the Author

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.

To know more about this author visit http://riskmgmtadvisors.com/

Sexual Harassment in the workplace - Legal Advice by Attorney Joel Baruch

Who is going to win this weekends Australian Federal Election?

Only 3 days to go so who would you choose:(A) Kevin Rudd ;Labour Party :polls have him at 42%,young idealistic and also declared his conservatism,might sign Kyoto but details hazy so he probaly wont ratify Kyoto,made an early bid to unroll new intrenet network but has gone silent recently can mean only one thing its been canned,will soften Howards radical employment laws if elected. (B) John Howard;Liberal Party: polls have him at 34%,Australias long serving Prime Minister over 10 long years ,introduced G.S.T. tax,radical rationalisation of employment laws,refuses to ratify Kyoto treaty,admits he might lose his own seat in this weekends election and said he will retire mid-term and hand over power to Peter Costello.So who would you choose?
I will vote for Kevin Rudd ,i find John Howard to be a mean old man completely out of touch after 11 long years in power.

I was watching Laurie Oakes, veteran political analyst who has a pretty good track record for his knack of predicting election outcomes, last night on Channel 9. He was sounding pretty darn sure than Labor could win as many as 20 seats, it would be an absolute landslide victory and Howard was almost certain to lose his own seat of Bennelong.

He explains how their ploys are failing and how Costello's reputation is getting quite a battering:
http://thebulletinelection.ninemsn.com.au/coalitions_interesting_times.htm

Prop 8 Trial Re-enactment, Day 3 Chapter 1 (re-edit)

'MOTHER NATURE HAS BEEN KIND TO US': Calm seas give responders a chance to fight back (11:30 P.M. UPDATE)
GRAND ISLE, La. - People along the Gulf Coast have spent weeks living with uncertainty, wondering where and when a huge slick of oil might come ashore, ruining their beaches - and their livelihoods. The anxiety is so acute that some are seeing and...
Ellen Simon | Genetic Testing | Health Insurance | Healthcare Discrimination

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Use Social Media Marketing And Mobile Technology To Streamline Your Lawfirm

In economic times such as these, there are a lot of people looking for new ways to keep their jobs. Many go back to school in hopes that learning new skills will keep them attractive to their current employers or make them stand out to potential ones. Some people start looking for new jobs without knowing for sure if they even need one. Not even lawyers are safe from the economic downturn, as they find people utilizing their services less and less because they fear they can't afford it. Progressive law firms, however, will find that capitalizing on the Social Media Marketing trends will greatly benefit their livelihoods as they begin to rely more on the available technology than on traditional forms of marketing to create awareness. Perhaps the most interesting aspect of these formats is that they are free to use, which means that you can easily create new ways to market your business but you will also be able to retain more of your profits.

When blogging first became popular it was quickly adopted by internet marketers as one of the easiest ways to create a web presence. Lawyers in this modern time can take advantage of blogs to not only create awareness but build their credibility on a very specific and important topic.

Similarly, podcasts and YouTube channels can let you put your face and voice to your words, and connect with people all over the world, let alone your local area.

You can also build a Facebook page, which lets people get to know your business a little more intimately, but also lets you reach out to people through common friends. Finally, building a Twitter community lets you connect all of these technologies together and communicate to everyone simultaneously.

In order to utilize social media marketing properly, you will want to make sure that you are also up to date on your mobile communication. Attorneys should try to employ a relatively new smart phone with the latest web apps so they can keep up on their networking no matter where they are.

Not only does mobile technology let you stay connected on the go, but it lessens the amount of time you need to invest in marketing, which frees you up to get out in the community and meet more potential clients.

This way you can stay organized while also staying in contact with all the people who are important to your business.

About the Author

Progressive businesses find capitalizing on Social Media Marketing trends will greatly benefit their livelihoods as they begin to rely more on available technology than traditional forms of marketing to create awareness. The ultimate inside scoop now on http://AutomatedSocialNetworking.com

May Installments of The Proactive Employer Podcast

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New DUI Law Will Allow Drunk Drivers to Keep License
A new change in DUI laws will give first time offenders a second chance.
WorkersCompensation.com's NewsLine Report for 3/27/2007

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Law school questions and answers

What School Is Best for an Eventual Career in Law?
I've been admitted into usc (the business program), umichigan, and tufts. I know that USC and UMICH have awesome law schools, and that they take a high number of students from their undergraduate program into their law schools, though Tufts seems like a great school too. But I was.

Which will be better..BBA LLB or BA LLB as an undergraduate law degree?
I am filling up my form for the undergraduate law schools in India.i want to know which would be better..BALLB or BBA LLB.I want to pursue a carrerr in corporate law..I also want to know will pursuing an BBA LLB programme deter my chances of getting.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I'm a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Are there any good law schools in california?
I am begging high school in the bay area, and i was wondering if there are any good law schools there, or in the state of California and the requirements to get into them There are scads of good law schools in California: we turn out more lawyers than anybody. In.

Can someone please tell me about some NGO which gives free legal aid to women in distress?
http://www.neveragainfoundation.org/.law schools http://www.opdv.state.ny.us/victims/. Also, if there are any law schools in your area, they probably have a domestic violence clinic that will provide free assistance. - Try your local city or state bar associations.

How are medical challenges to 'free will' being discussed in US law schools?
Neurology and genetics are suggesting that many behaviors are biologically determined ('nature'), even more than the 'nurture' of training and experience. The trend is for more and more behaviors to be determined by genetics. What is being taught about this topic in law schools in the.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There's New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

What are sum of the top law schools for criminal law ?
The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. - Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. - Law schools don't.

What do I do if I dont get accepted to any law schools this year?!?! ?
Ok, I graduated from college last year, 'studied' for the LSAT, then took it in December. My score was pure crap, so I took in again in February and I had to cancel it (its a long story). I still sent out my.

What states has the most diffucult Bar Exam to pass?
again, it's for an article that I am writing. California has the lowest passing rate -- but that may be due to the fact that California is the only state that allows graduates of non-accredited law schools to sit for the bar exam. New York has an exam that.

how do you get into law school?
I find a key works pretty well, or if you lose your keys, then a crowbar. - First you must have a bachelor's degree - doesn't matter in what really. Then you have to take the LSAT and apply to particular law schools. Law school is very hard but not undoable..

How much does being a lawyer pay?
Like, how much does a lawyer make? And is it a good amount of money? Lawyer pay is all over the map. Right out of law school some graduates make six figures at their very first jobs. Those people graduate from top tier law schools and they ranked at the top of.

Is the law field in fact oversaturated with attorneys?
Why is it that many people cliam that the Field of Law is oversaturated with attorneys while on the other hand, many other sources claim that the forecast is looking good. The statistics at almost all law schools show that the majority of their recent graduates had no problem finding.

Misdemeanor & Law School?
Hello, I was wondering if it was possible to get into law schools with a Misdemeanor Class B (Texas). I have turned in all the police reports and a statement about the incident to the law school. The incident happened 5 years ago. I plead guilty and recieved probation. I owned up to the mistake.

My daughter needs a Pro bono atty in central fl to fight to get kids back.?
She really needs legal help. Doesn't have the funds to do it. I am disabled and cannot help. Legal aid won't help because the grandparents have been given legal guardianship and have closed her case. HELP Seek out law schools in your area..

Prestigious law school?
Hey. I need some suggestions for law schools. I have a 3.7 gpa or something like that. I want something that will wow my future employers. Hartfords a no-brainer, but what are some others? thx Remember that a law degree (J.D.) is a graduate degree. As you mentioned that you are now in the 10th.

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,.

top 5 law schools and statistics?
The top three are usually listed as 1.) Yale, 2.) Harvard and 3.) Stanford. The next tier is University of Chicago, New York University, and Columbia. There's another eight which regularly make it in varying order into the top 14. Then, there's the Top 25. The top 50 make up the 'Tier.

What are the best places in UK or USA to study Law?
Well of course rating schools is somewhat arbitrary. I don't know about schools in the UK, but there are a couple of sources of information on ratings of US law schools. Best in many US ratings combines ratings of reputation (which changes slowly), alumni support, the.

What does it take to become a lawyer? How many years at college, etc.?
PLease don't spam. In the U.S., most law schools will tell you that you need a four-year degree from an accredited college or university, then most states require a juris doctor from an accredited law school before taking the bar exam. Law School is usually.

what is the best school of law in the united states of america?
The top three law schools in the countery are generally considered to be Yale, Harvard, and Stanford. Yale is consistently ranked #1 according to the US News Law School rankings, and it's easy to see why. Yale has a very small class of just a.

What law schools are in Orange County CA?
There are several - Fourth tier schools like Whittier Law School (Nixon is an alumni) and Chapman are decent schools, for being low ranked. There are a few others - I've heard of one called Trinity in Santa Ana, and I think it's California Western?? or is it Western State?.

Which law schools have the best programs in constitutional law?
I'm planning on applying to law school this fall, and I'm wanting to take alot of courses on con-law. I know obviously the top tier schools like Harvard, Columbia, Yale, etc are all going to have good constitutional law programs but what other schools have good programs, and where.

How old do you have to be to become a lawyer?
That will vary from state to state. But, by the time you get through with high school, college and law school the age is around 25. I got my license at 23. - Because of the content of many of their mandatory courses, law schools do not.

Is there any good reasonable criminal lawyers in Colorado?
Who would take payments for drug poss. charge Lots of them. Just look in the phone book! Also, look at the criminal defense clinics at the various law schools in Colorado. - CHECK THE LAWYERS BOARD MAYBE THEY CAN HELP YOU - Yeah, His name is Chris Miranda. He's in.

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Mechanical Turk and the Danger of Digital Sweatshops - Jonathan Zittrain

The Development Of Peterborough Law Firm Hegarty LLP From 1974 To Date

In February 1968 the Peterborough Development Corporation was established with a task to provide homes, work and a full range of urban facilities and services for an extra 70,000 people drawn mainly at that time from the Greater London Area. Richard Hegarty was born in nearby Stamford and went to Stamford School and even as a sixth-former saw the potential for legal work in the greater Peterborough area. Whilst at Leicester University studying law he saw the beginnings of the new Peterborough being built with new roads and houses and industrial developments beginning to make an impact on the Peterborough skyline.


Richard Hegarty graduated from Leicester University in 1972 and commenced his articles with a firm of solicitors in Leicester, Harding & Barnett, and then subsequently Gardner & Millhouse. He firmed up an intention to set up in practice in Peterborough in the early part of 1973. Richard's father was the managing clerk of a firm of solicitors in Stamford, Kelham & Sons, and had vast experience in conveyancing and probate matters over a 40 year period. He was due to retire at the end of 1974 and Richard and his father agreed to set up in practice in Peterborough. Mr Hegarty senior brought not only a vast experience but also many very useful contacts in the Peterborough area. The firm opened its doors on 15th October 1974 in premises at 16 Lincoln Road, Peterborough. Richard's mother was the receptionist and typist. The offices consisted of two rooms and a cubby-hole which was a makeshift reception. Peterborough had not seen a new firm of solicitors for some time, but the timing could not have been better with a substantial increase in the number of new homes being built in Peterborough and an influx of new residents. In the early days Richard would do criminal, family and conveyancing work, but it soon became apparent that the firm would have to expand to cope with the substantial volume of work that was coming to the firm. Mr Hegarty senior retired from Kelham & Sons in December 1974 and initially was going to work part-time in Peterborough. The work load was such that it was immediately obvious that he would need to work on a full-time basis and this he did until he died in harness in August 1983.


The firm continued to thrive on the back of the expansion of Peterborough, and in October 1977 Tim Thompson joined and became a partner shortly after qualifying in 1979.


Hegarty & Co opened a branch office in Stamford in December 1979 in Maiden Lane. These premises soon proved to be too small for the volume of work that came into the Stamford office and in 1984 the firm purchased premises at 10 Ironmonger Street and redeveloped them into modern offices. The Stamford office continues to practice to this day from those premises.


The expansion of the Peterborough office continued at a pace and in 1984 the whole of 16 Lincoln Road was purchased and redeveloped into offices. Martin Bloom joined the firm as in 1980 and the practice continued to expand the areas of law which it was involved in.


In the mid-1980's it was decided that each solicitor would no longer handle a broad range of legal matters but should specialize, and so separate departments for property, crime, litigation and family were created. Although such specialization in firms of solicitors is now taken for granted, at this time it was very much a new phenomena for provincial firms.


Towards the end of the 1980's it became apparent that the firm would have to move into new offices to be able to cope with the increase in the numbers of staff and the onset of new technology. A site in Broadway was earmarked for development and the partners purchased the site and built offices which they still own today.


Richard Hegarty was elected to the Council of the Law Society in 1989 to represent solicitors in Cambridgeshire and Bedfordshire. He spent a total of 16 years on the Law Society Council during which time he held a number of senior posts. In the early 1990's he lectured extensively in practice development and was instrumental in a number of projects at the Law Society which were designed to improve the quality of legal services provided by solicitors. The most notable of these were the creation of the "practice management standards" which Richard helped to write in the early 1990's. Richard saw the importance of improving the quality of legal services that solicitors provided and how important the use of systems was going to be in the 1990's and beyond. Practice management standards developed into the accreditation mark Lexel which is now the accepted standard for quality firms in England and Wales. Hegarty & Co were one of the first firms to obtain accreditation to BS5750 which is now the ISO 9001 standard. This accreditation they retain today together with the Law Society Lexel standard.


Although he retired from the Law Society Council in 2005 Richard still serves on the Compliance Committee of the Solicitors Regulation Authority and is a member of the Law Society's Lexel assessment panel.


As the firm developed, the partnership increased and Matthew Sidebottom was made a partner in 1990 four years after joining the firm.


In 2003 Kally Singh, who had completed his training with the firm, became a partner and Hugh Nicholls, who had been at a major City of London practice for 17 years joined as a partner.


On 1st May 2006 the firm became a limited liability partnership with the name of Hegarty LLP. The same year saw the appointment of three new partners Andrew Heeler, Greg Baker and Sean Rowcliffe increasing the number of partners to it's current total of nine.


Richard Hegarty says, "Today Hegarty LLP is recognised a major regional firm employing almost 70 staff, and provides a broad range of legal expertise.It is pleasing to have helped with that vision of Peterborough back in 1968 and help in a small way acheive is goals"

About the Author


Richard Hegarty
  founded the firm of Hegarty LLP in Peterborough 1974. He is the Senior and Administrative Partner and deals with company commercial matters. Visit his site at www.hegarty.co.uk

Countering Hate Speech with Social Responsibility, Asma T. Uddin-Rumi Forum

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Taylor English Ranked No. 1 Fastest-Growing Law Firm in Atlanta
Atlanta Business Chronicle today ranked Taylor English Duma LLP the fastest-growing law firm in Atlanta. No other law firm in the metro area posted a bigger increase in revenue or added more attorneys than Taylor English over the past five years, the report indicates. read more
Employer Labor Lawyer / Attorney in Georgia

Isn't this about time, and don't you think all towns should follow suit?

http://www.foxnews.com/story/0,2933,287955,00.html?sPage=fnc.politics/government

If the Feds won't do it the states and localities will. I don't think they should be here. Those with legal papers for working in agriculture are ok but if I have to pay more for food, at least my taxes will benefit Americans and not illegal aliens who disrespect our country and our laws. Maybe our children will have a chance for a decent education when they're gone. Maybe we can promote a better medical insurance plan for the uninsured with the taxes being spent on Americans, that would be ideal! I only hope that more states and localities will follow the example of Arizona, Oklahoma and several towns in our nation!

The Lives of Mexican Immigrants / Docudrama Movie

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Five Costly Mistakes To Avoid In Wage And Hour Compliance

Common Mistakes and How to Avoid Them in FLSA Compliance

The Fair Labor Standards Act (FLSA) of 1938 was a monumental piece of labor legislation that forever changed the face of business in America. For one, it established a national minimum wage (25 cents) for the first time. For another, it mandated the payment of overtime wages for most employees who do not fall under certain exempt categories. Finally, it regulated child labor on a nationwide basis, another first.

In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and Health Act (OSHA) in 1970, the posters began multiplying, and soon an entire labor law poster compliance industry was born, spearheaded in large part by Personnel Concepts in California, to this day still the industry's premier provider.

While in the early days of the FLSA only businesses trafficking in interstate commerce, even in the loosest sense, were affected, as the decades have gone by, more and more businesses have fallen into the interstate commerce category and thus must abide by the standards of the FLSA and subsequent labor laws. (Family business operations that rely solely on direct family members are exempt.) Today, if you own a small business in Peoria, or anywhere, and you use the Internet or telephone to order supplies or deal with customers, you're an interstate entity. (The FLSA kicks it at $500,000 in revenue, but states cover the rest.) Tweet that you're offering a service, and the FLSA has you provided you're not a family operation. So who's exempt? For the most part, these days only domestic service workers can escape the clutches of the law—and even then it's a questionable exemption that Congress is currently working to eliminate.

For some reason, many employers unwittingly run afoul of the FLSA just by carrying out what they deem to be commonsensical approaches to managing their employees. Need an employee to stay an extra hour or two so you promise that person equal "comp" time off, forget it—you've probably just committed wage theft by not paying overtime. Let's examine some common mistakes like this one that employers make.

Misclassifying employees as exempt when they are actually non-exempt and subject to overtime pay. Employers often think that just by paying someone a salary, you can make that person exempt from overtime and avoid paying for hours worked beyond 40 a week. Paying a salary, according to the FLSA and the clarifying Fair Pay Overtime Rules of 2004, however, is just one part of the equation in granting an employee an overtime exemption. First, the employee must be paid a minimum salary a week, which currently stands at $455. Then, the employee must pass a "duties" test in prescribed executive, administrative, professional, and outside sales classifications. Someone who just answers a phone or files paperwork is not going to survive the duties test.

To illustrate that the distinction between exempt and non-exempt is sometimes so fine a line, even the Equal Employment Opportunity Commission (EEOC) was busted by the Department of Labor (DOL) in 2009 for violating overtime pay rules. Large employers such as Wal-Mart have been taken to court and ordered to pay back overtime wages—or they've opted to settle before a court decision to avoid costly legal expenses. Wage theft in all forms, including the avoidance of overtime pay through misclassification, is in the DOL's crosshairs, so this is a particularly important area of labor law compliance to self-audit your firm on.

Offering comp time instead of paying overtime wages. Many employers assume that they can reward employees for working overtime with subsequent compensatory time off with regular pay. If the employee is truly exempt, this is a fine practice because salaried employees must be paid the same no matter how little or how much they work. However, for everyone else, the FLSA forbids this practice and insists on overtime pay. One exception: If your company is not in a state that mandates overtime pay after eight hours of work in any given day (which is the law in California and elsewhere), it is permissible to adjust an employee's working schedule within the same pay period so that total hours worked don't exceed 40. You can thus avoid paying for overtime, but your firm must be sure to retain positive records on file indicating the hours worked should the DOL come calling. The best practice overall is to avoid comp time except for salaried employees if you want to stay FLSA compliant—and sleep at night.

Classifying as exempt anyone who works in sales or is paid on a commission. The FLSA allows for salespersons to be classified as exempt only if they are engaged in "outside sales" at customers' places of business. The exemption does not apply to anyone who makes sales at any of the employer's places of business or conducts sales by mail, telephone or Internet. Likewise, the FLSA considers employees who are paid on a commission basis generally to be non-exempt and thus subject to overtime pay except when they receive more than half their compensation in the form of commissions at a "retail or service establishment."

Tellingly, an ongoing court controversy has surrounded the practice of labeling as exempt those pharmaceutical representatives who go from doctor's office to doctor's office explaining and introducing medications but not selling them per se. Some courts have ruled these reps to be non-exempt while other courts have found them to be exempt. If the controversy continues, it may take the Supreme Court to settle the issue once and for all.

Calculating overtime pay based on hourly wages only. In calculating overtime pay, an employer must take into account all forms of compensation during the pay period, including hourly pay, commissions and nondiscretionary bonuses. Thus in an example, an employee works 50 hours one week and earns $400 in hourly wages ($8 an hour) and $100 in commissions. Adding things together and dividing by hours worked, that person has earned $10 an hour overall ($400+$100=$500 divided by 50=$10). Since this employee has been paid regular pay for the 50 hours, she or he is owed 10 hours of overtime at one-half the computed hourly figure, or an extra $50 for a total paycheck of $550. This might sound confusing, but the computation of what's called the "regular rate" already includes everything except the half-time portion of the time-and-a-half for overtime.

The DOL is cracking down on all wage and overtime violations and has been awarded an increased budget to enable it to add Wage and Hour Division (WHD) field investigators to carry out the task. Thus this is no time to be lax and approach compensation issues from a "commonsense" perspective. It's time to learn all the requirements of the FLSA and apply them to both the classification and the compensation of your employees. And for their part, employees are being increasingly aggressive in seeking back pay—especially those whom you may have let go during the current recession. The WHD will investigate claims of wage violation and may interview other employees to see how widespread the suspected practice may have been.

To put things in perspective, in 2009 the 10 largest private wage-and-hour settlements totaled nearly $364 million, 44 percent more than the 10 biggest settlements in 2008. States with the most significant growth in wage-and-hour litigation are California, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Pennsylvania, and Washington, according to law firm Seyfarth Shaw's annual report on workplace class action litigation.

Even more troubling for employers is the rise in private class-action lawsuits related to wage-and-hour issues. In 2009, Wal-Mart settled an FLSA suit for $11 million; Lowe's forked over $29 million; and Wachovia paid $39 million. These suits are often fact-intensive, and employers stand little chance of succeeding on a motion to dismiss claims brought under the FLSA. Further, the FLSA's attorney fee provision for plaintiffs who prevail results in increased monetary liability for employers.

What to do?

To protect against adverse legal and regulatory actions, employers should make sure that their workers' classifications are reviewed and updated regularly. Employers also should make sure they have workplace due process procedures in place so workers can bring their grievances to the attention of managers. Employers should promptly investigate and respond to all grievances because that can generally help ward off further action. If employees feel someone will listen to their concerns and act on them, they are much less likely to file a grievance that can lead to all sorts of regulatory and legal hassles.

Lastly, we at Personnel Concepts have researched, compiled and made available informative and easy-to-follow tools to help you comply. Two that are truly essential should be on everyone's shopping list. The first is the FLSA Overtime Rules Compliance Kit, and the second is the FLSA Salary Basis Compliance Kit. Get your copies today and master how to stay in full FLSA compliance.

About the Author

Gary McCarty is a researcher and Web Content Manager for Personnel Concepts, pioneer and pacesetter in the labor law compliance industry.

SoCal Immigration: Law, Labor, Liberty [FOX News Challenge '08]

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A. Arbitration Award
was biased against him and failed to follow the law. On de novo review, Coutee v. Barrington Capital Group, L.P., 336 F.3d 1128, 1132 (9th Cir. 2003), we affirm.
Public Affairs - Tom Geoghegan

HAWAII EMPLOYMENT LAW AND LITIGATION BASICS: HOW DO I DRAFT A LITIGATION HOLD POLICY AND IMPLEMENT A PLAN FOR ELECTRONIC DISCOVERY?

HAWAII EMPLOYMENT LAW AND LITIGATION BASICS: HOW DO I DRAFT A LITIGATION HOLD POLICY AND IMPLEMENT A PLAN FOR ELECTRONIC DISCOVERY?

Electronic evidence is quickly evolving into one of the most difficult areas of litigation to navigate.  Hawaii businesses, especially human resource managers in employment disputes, must understand that it is extremely important to work closely with counsel to determine the extent of their discovery obligations.  Once the preservation requirement arises, Hawaii businesses must map out a sensible data gathering plan to minimize business disruptions and to avoid possible sanctions.

1.       Ensure the Company Buys Into What is Needed to Comply With the New Discovery Rules and Allocate Sufficient Resources.

Convince other managers/decisionmakers to make retention policies/electronic discovery planning a key initiative.  Those employees need to understand and appreciate the risks of court-ordered sanctions for the improper destruction of documents or electronically stored information.

2.       Understand Basic Retention/Hold Issues.

Understand that a litigation hold is required when: (1) The Company receives a demand to preserve the record(s); (2) the Company is aware that a lawsuit or administrative action has been filed; (3) the Company receives a preservation order from the Court, OR; (4) litigation is reasonably foreseeable.  Understand that a record is stale and therefore subject to destruction where the record no longer has any operational, business or legal value to the Company, any applicable retention period(s) has expired AND the record is not subject to a litigation hold.

3.       Draft and Review Policies on a Regular Basis.

Draft appropriate policies, such as retention and computer usage policies, and communicate with and train employees on them.

Understand that a retention policy should limit how long information is kept and that "business related" documents generally should be retained at least for the amount of time established by statute.  A document is "business related" when it documents a specific business related event or activity, it demonstrates a specific business transaction, supports facts of a particular business related event, activity or transaction, or it relates to specific legal, accounting, business or compliance issues.

4.       Have a Plan to Preserve Documents.

Understand when preservation obligations are triggered and work with your IT department, Administrative and Executive personnel to formulate a plan. The goal should be to incorporate necessary retention requirements with organizational needs to establish not only a retention policy, but also a policy regarding the manner in which documents will be stored or organized when the hold arises.

Ideally, the Company should have a response team in place when preservation obligations are triggered comprised of individuals from various departments within the organization such as Human Resources, Information and Technology and Administrative.

Fed. R. Civ. P. 26(a)(1)(B) and 26(f)(3) now require parties early on in a case to disclose the category and location of electronically stored information and the forms in which they would be produced as part of the mandatory disclosure process.  Accordingly, it is important to be prepared early on in a case to specifically discuss with your attorney preservation issues, network systems, procedures, storage, and locations of potentially relevant electronically stored information.

5.       Understand that "Electronic Evidence" May Reside Not Only on Computers, But on Other Electronic Devices.

Information Technology (“IT”) professionals need to understand more than the technical side of computer network and Human Resource managers need to know more about the technical side of the computers/devices used by employees. IT should be able to help you determine to what extent "Instant messaging," home computers, laptops, PDA's, flashdrives, floppy disks, CD ROM's, voice mail and similar devices both retain and communicate electronic/digital information.

On the other hand, understand that the IT department might not be aware of every server, hard drive, and file location and the impact the discovery rules may have on IT-driven policies/procedures.

 6.       Have a Response Team Prepared at all Times.

A response team should be comprised of individuals from various departments within the organization.  The team should also communicate early and often with legal counsel.

7.       Educate/Train Employees on the Importance of E mail.

Electronic mail essentially launched litigation into unknown territory that many employers have still not addressed with policies and/or training.  One of the best steps you can take is to educate and train your employees on the potential that e-mail will be the "smoking gun" or at the very least used against them. 

Employees think that when they delete an e-mail from their computers, it is gone and erased for good.  Of course, that is an incorrect assumption.  Employees need to understand that e-mail is not private, and that the employer reserves the right to inspect and view employees’ e-mail and on-line activities at work.

8.       Understand the Impact Metadata will have on the Production Process.

Fed. Rule Civ. P. 34(b) permits the requesting party to specify the production format for electronic documents. When the production format isn't specified or if the responding party objects to the requested format, the responding party must state how the information will be produced.  The default production format may be a form (or forms) in which the information is "ordinarily maintained" or in a "reasonably usable" form. 

The federal discovery rule changes may not promote self-regulation.  Courts will likely get involved very quickly in discovery disputes involving electronically stored information.  The issue whether the producing party must allow metadata to be viewed by the requesting party may have to be decided by the Court since the issue is relatively unchartered area.

Roman Amaguin, Esq; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation.  His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes.  As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission.

About the Author

Roman Amaguin, Esq; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission.

Made in Hawaii Festival

Can you be Refused a Job or a curriculum because you have an STD?

Alright well i have this friend who is attending a program called Job Corps. and hes telling me that they test everyone there for STDs and if they find one then you are not allowed to attend. Now i can understand wanting to keep that out of your living quarters, but isn't it illegal to refuse someone employment on the fact they have a disease? I think that would be a form of discrimination of some kind and if so i would love if someone could show proof that this is in fact against the law if not then I'd love for someone to show me proof that it is in fact legal.
Please and thank you in advance
you are a huge help!

I am a current Job Corps student. They do test you for STDs, but if you have one, they don't send you home for good. If it's something they feel that your home doctor should deal with, they will send you on medical leave but you are welcome back to the program as soon as your doctor gives it an ok.

Thomas Sowell talks about his new book Economic Facts and Fallacies

They're victims forever only if they want to be
Why has the General Assembly just declined to pass legislation to extend the statute of limitations for damage lawsuits in child sexual abuse cases?
The American Law Journal | "Retaliation at the Workplace" 2

will sex offender go underground if this law get passed?

Under current Georgia law, registered sex offenders can't live within 1,000 feet of child care centers, schools and places where children congregate. The new law goes much further, with employment and loitering restrictions and a broader definition of areas where children congregate, including school bus stops.

If offenders have addresses no matter where they are at least this way, those of you that are hate mongers, believe everything the media and the politicians say, (which is mostly 99% wrong), and those of you that think you have to have a registry to babysit your children rather than you supervising them on your own (you do enjoy that false sense of security the registries give you), you will know where these rehabilitated former offenders are.

Now, if you would rather here the facts instead of the propaganda: 90 to 95% of sexual offenses occur by someone known to the child - a relative, close family friend, close neighbor, teachers, coaches, scout leaders and after school activity persons. The re offense rate, however, is 3.5% reconviction rate for sex offenders. 1.2% of that rate are reoffenses on child molestation.

Now that you have those figures, how about this: Your child has a MUCH higher chance of being harmed by a drug dealer/user, drunk driver, gang related incident, playground accident, drowning, and struck by lightening, than they have of being molested by a rehabilitated sex offender. So you just enjoy that little false sense of security you love so much. While you are enjoying that, pay attention to the registries and see how they are growing compared to second charges on offenders!

Child Care Services/Early Childhood Education

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California Labor Law Posters

The labor laws keep getting updated and California labor law posters have to display the correct information to its employees and as a result the State and federal labor law posters have been changing quite often as a lot of legislations have been passes in the area of employment that businesses have had to continually upgrade their labor laws. They have an added responsibility of informing about these changes to their employees who work for them. This is a process that goes on and thus organizations have to keep a track of the changes coming about in the labor laws.

There are many labor laws that affect the employees directly and to name such a few are laws related to wage and hour regulations, family leave, sick leave, discrimination, child labor and occupational health and safety that are the prominent ones today in the workplaces. The California labor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California. In America the minimum wage rates that adjust annually in ten different states and the information has to be given to the employees about it through these labor law posters. The states are Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington, Colorado and Arizona. People think that the posters are changed only during January each year, but it is not so, labor law posters can change anytime as when the new legislations are passed and so it is a misconception that posters are upgraded only at the beginning of the year.

Various states have their own posting requirements, and these are found in the individual labor laws that are displayed in the labor law posters.  Some states require few posters while other states require 10 or more state posters. The California labor law posters and safety posters that are required mostly are related to wage and hour rules, health and safety, family leave law etc.

About the Author

The California labor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California.

Equal Rights 101: Employment (All 4 Videos)

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Satyam- Alls well if it ends well

                        Satyam: All is well that ends well

In Q2, our revenue grew… on the back of a 4-per cent volume growth and rupee depreciation against the US dollar… We believe these factors will also enhance annual margin performance… I would like to emphasise that Satyam is leaving no stone unturned in our efforts to create a sound foundation for our future.

Note to investors from B. Ramalinga Raju, Founder & Chairman, Satyam Computer Services, when declaring the company’s results for the quarter ended September 2008

The balance sheet carries as of September 30, 2008 inflated (non-existent) cash and bank balances… The gap in the balance sheet has arisen purely on account of inflated profits over a period of last several years (limited only to Satyam stand-alone…)

Note from B. Ramalinga Raju to the Board of Directors of Satyam dated January 7, 2009

About Ramalinga B Raju

Byrraju Ramalinga Raju (born September 16, 1954) is the founder of  Satyam Computers and was its Chairman until January 7, 2009 when he resigned from the Satyam board after admitting to corporate fraud.

For a man who ran India's fourth biggest software exporter, Mr Ramalinga Raju was not a showy person.His bungalow in Hyderabad city's upscale Banjara Hills is an understated two-storey structure, with parking for no more than three or four cars.

Friends who have dealt with the 54-year-old chairman of Satyam Computer Services, say it is difficult to know what he is thinking behind a calm exterior. He goes for morning walks, but seldom appears at the swinging parties of Hyderabad's elite.Behind his back, they sometimes refer to him as 'the man with the Mona Lisa smile'.

Mr Raju, a native of Andhra Pradesh state in southern India, had a comfortable head start: He studied abroad, obtaining a business management degree from Ohio State University.

On his return, he began his career with forays into construction. Satyam, , was set up in 1987 with 20 employees as Raju spotted the opportunity in outsourced code-writing. He was on the board of Naandi, a non-governmental organisation based in Hyderabad which does stellar work in providing clean drinking water in rural areas and supplying mid-day meals to more than a million schoolchildren across India. He also runs the Byrraju Foundation, named after his father, and an emergency ambulance service that has won global acclaim.

About Satyam Cmputer Services Ltd

"The truth is as old as the hills" opined Mahatma Gandhi, So a company named "Satyam" (Truth, in Sanskrit) inspired trust, Satyam Computer Services Ltd was founded in 1987 by B Ramalinga Raju. The company offers Information Technology (IT) services spanning various sectors, and is listed on the New York Stock Exhcnage and Euronext.

Satyam's network covers 67 countries across six continents. The company employs 40000 IT professionals across development centers in India,  the United States, the United Kingdom, the United Arab Emirates, Canada, Hungary, Singapore, Malaysia, China, Japan, Egypt and Australia It serves over 654 global companies, 185 of which are Fortune 500 corporations. Satyam has strategic technology and marketing alliances with over 50 companies. Apart from Hyderabad,  it has development centers in India at Bangalore, Chennai, Pune, Mumbai, Nagpur, Delhi, Kolkatta, Bhubneshwar, and Vishakhapatnam

Chronology of Satyam

Sr.No.

Year

Event

1

1987

Ramalinga Raju establishes Satyam Computer Services Ltd.

2

1991

Satyam gets listed on the Bombay Stock Exchange, IPO oversubscribed 17 times.

3

2006

Revenues cross '$1 billion.' Raju becomes Nasscom Chairman.

4

2007

Raju named Ernst & Young Entrepreneur of the Year.

5

2008

September 23

Satyam awarded with Golden Peacock Award for Corporate Governance and Compliance.

December 16

Satyam Chairman Ramalinga Raju announces plan to buy Maytas Infra and Maytas Properties owned by his sons for $1.6 billion.

December 17

Raju does a U-turn because of negative investor reaction

December 23

Satyam barred from business with the World Bank for 8 years for alleged malpractices in securing contracts. Shares fall to lowest in 4 years.

December 25

Satyam asks World Bank to apologize

December 26

Board member Mangalam Srinivasan resigns followed by exits of members Vinod Dham, Krishna Palepu..

December 30

One of Satyam's largest investors says it could sell its stake.More suitors join in the fray to acquire Satyam.

6

2009

January 2

Satyam says its founder's stake fell by a third to 5.13%.

January 6

Satyam's i-bank DSPML meets Sebi, informs about accounting irregularitites

January 7

Ramalinga Raju resigns, discloses a Rs 7000-crore accounting fraud in balance sheets about cash which never existed in the company.

January 8

Satyam's bank Citibank freezes its 30 accounts. Interim CEO Ram Mynampati says company in severe cash crunch and may not be able to pay salaries. Satyam's auditor PwC faces ire.

January 9

Ramalinga Raju and his younger brother B Rama Raju arrested by Police. Central Govt disbands Satyam board, to appoint its own 10 directors.

January 10

Satyam's largest investor Lazard seeks a nomination board. SEBI grills Raju.

January 11

New Satyam Board announced, Mr. Deepak Parekh, Kiran Karnik and C Achuthan appointed as board members

Feburary 5

A S Murthy appointed as new CEO

April 16

Company Law Board approved stake sale to Tech Mahindra

The Satyam Scandal – Explained

Satyam, which ironically means 'truth' in Sanskrit, was set up in 1987 with 20 employees as Raju spotted the opportunity in outsourced code-writing. Within no time, business was booming. Andhra Pradesh, of which Hyderabad is the capital, has one of the largest pools of skilled manpower in India. Satyam would prove a doughty competitor to its rivals, pricing its services so aggressively that some thought it was prepared to go with minimum profits in order to gain customers. And it expanded aggressively overseas. When he opened his Sydney office a few years ago, he occupied premises vacated by a top global IT firm. In China, provincial leaders vied to invite Satyam to set up operations in their areas. But once Mr Raju sold shares to the Indian public in 1992 and later, went for a New York listing in 2001, pressure grew on him to improve the company's performance. Ever competitive, he was also in a rush to catch the market leaders, Tata Consultancy Services, Infosys Technologies and Wipro. Raju was obsessed with getting past the billion-dollar sales mark. When he got there, he wanted to post US$2 billion. Satyam posted US$2.1 billion (S$3.1 billion) sales in the year to March 31, 2008.With the ever-rising pressure to perform, Satyam began doctoring the books to show bigger profits, a process that began several years back.

For Satyam, the recent developments are a direct leftover of the past. In fact, the story is about a decade old. In late 1999, IndiaWorld — a largely unknown internet firm — was acquired by Satyam group company, Satyam Infoway, for an eye-popping Rs 500 crore. The consternation that accompanied this deal was not hard to comprehend. IndiaWorld had a topline of just Rs 1 crore and a net profit of an insignificant Rs 25 lakh. At Rs 500 crore, Satyam Infoway, later renamed Sify, was paying this astronomical sum not just for IndiaWorld but for a number of sites that came with it — among them were samachar.com, khel.com and khoj.com. The argument dished out was based on the potential of the internet business and the logic of eyeballs was driving this valuation story. One was not sure about the source of funds and how much money went back to Ramalinga Raju.

 
A few months later in 2000, shareholders of Satyam were an irate lot. At the annual general meeting (AGM) of the company in Hyderabad in May 2000, shareholders accused Satyam of withholding facts and claimed they were defrauded. This was after the merger of three subsidiaries — Satyam Enterprise Solutions (SESL), Satyam Renaissance Consulting and Satyam Spark Solutions — with Satyam Computer Services. Post merger, 8 lakh shares of Satyam Computers were allotted to C Srinivasa Raju, who was then Satyam Computers’ executive director.

 
Shareholders contended that SESL had made a rights issue of 12 lakh shares at par just before this merger. A third of this was bought by Satyam Computer while the remaining 8 lakh shares went Srinivasa Raju’s way after they were renounced. Once shareholders of SESL were given shares in Satyam Computers in a 1:1 proportion, Mr Raju got 8 lakh shares at just Rs 10 each, when the shares were trading at a whopping Rs 1,600. The management of Satyam Computers, however, maintained that things were above board, though shareholders thought otherwise.

The seeds of accounting manipulation in Satyam were sown several quarters before Ramalinga Raju’s communiqué to the board on Wednesday, 7th Jan-09. In 2002, the department of company affairs (DCA) was in receipt of a slew of complaints from Satyam’s shareholders that there were accounting irregularities in the company.

Here, it was stated that Satyam’s directors invested unwisely in subsidiaries that were underperformers. This merely facilitated the process of tax evasion and employing methods such as writing off large amounts on depreciation.

 At first blush, Raju’s statement to the board in which he confesses to inflating profits appears a act of contrition by a man who was willing to stand up and face the music for his transgressions. If Raju was dressing up the bottom line, it was only to boost the company’s valuation and ensure that it stayed in the big league of IT services. A higher valuation also enabled Raju to borrow more money against his shareholding.

But Where did the money go?

Raju claims that Satyam inflated profits for many years...

• By inflating cash and bank balances of Rs 5,040 crore (as against Rs 5,361 crore reflected in the books)
• Accrued interest of Rs 376 crore is non-existent
• Liability of Rs 1,230 crore is understated on account of funds arranged by "me"
• Debtors position of Rs 490 crore is overstated (as against Rs 2,651 reflected in the books)

but if this Rs 7,000-odd crore did not exist…

• How were the salaries of 53,000 employees being paid with a business that ostensibly survived on just a 3 per cent operating margin?
• Were there more employees on the bench (than revealed)?
• Was Raju inflating profits to boost Satyam's valuation, and borrowing money by pledging its shares?

...but if the money did exist...

• Did the Rajus use Satyam funds to build a land bank of over 6,000 acres via a web of unlisted companies?

• What happened to the funds raised? There was an ADR issue in 2001, via which Satyam raised Rs 753 crore and on March 31, 2002, Satyam became an almost zero-debt company with Rs 431 crore unutilised amount of ADR proceeds

The cash was king for Satyam

If Satyam was fudging profits, where were the funds for all-cash acquisitions coming from?

Sr.No

Year

Acquired Firm

Profession

Funding

(Amount in $)

1

Apr-05

UK based Citisoft PLC

Business Consulting Firm

38Mn (Paid in tranches)

2

July-05

Singapore based Knowledge Dynamcis

Consulting Solution Provider

3.3 Mn (All cash deal)

3

Oct-07

UK based Nikor Global Solutions

Infrastructure based management services and consultancy group

5.5 Mn (All cash deal)

4

Jan-08

Chicago based Bridge Stratergy Group

Management consulting firm

35.00 Mn (All cash deal)

5

Apr-08

Caterpiller Inc

Market research and customer analytics operations

95.5 Mn for both deals (all cash purchase)

S& V Management Consultants

Supply chain management frim

The Downfall of Raju

The downfall of Raju, began in Dec 08 when Satyam attempted to acquire two companies controlled by his sons - Maytas (Satyam spelled backwards) Properties and Maytas Infra - for 1.6 billion dollars in order to compensate for the holes in his books of account. The deal was abandoned 12 hours after it was announced when investors objected, claiming it was an irresponsible misuse of funds and an instance of nepotism. The Maytas deals acted as a red flag for international investors, with a host of companies like Unpaid Systems of Britain accusing Satyam of fraud, forgery and breach of contract.
Shortly thereafter, on Dec. 23, the World Bank barred Satyam from offering its computer services for eight years citing a potential trail of corruption - data theft and bribery - that led to Raju.

The last straw perhaps came on Jan 09 when an Indian associate of Merrill Lynch terminated an agreement on grounds of "material accounting irregularities".
 

The Role of Auditors

There is intense debate about the role of PricewaterhouseCoopers, the external auditors of the company in clearing the accounts of Satyam. Auditors are supposed to have checked, verified cash balances, bank statements, assets with relevant confirmations. Satyam was a large company, not a street store; PricewaterhouseCoopers is a globally reputed firm. The auditors cannot hide under the standard clause ‘auditors can be watchdogs and not blood-hounds’ especially when cash and bank balances have been overstated.

Role of Directors

The Companies Act in India has stringent corporate governance requirements of board members. Yet Raju was able to steer the fabricated accounts through his board members for 6-years! This has bewildered the corporate sector and regulators. At times, the company was holding excessive cash, as per the books. This should have invited questions by board members.

In particular, Independent Directors, who are appointed by shareholders at the behest of the board, are selected on the basis of their reputation, knowledge, and wisdom. They are the first defense of minority shareholders. Generally they bring specialized expertise. Independent directors have to meet standards set by stock exchanges too. The Indian Government specifically delineates the role of independent directors in safeguarding the interests of the organization and the shareholders.

An independent director would normally assume that audited accounts have been rigorously examined. This is more so when an internationally credible firm- like Pricewaterhouse Coopers- has audited the numbers. But, they need to still ask the right questions and probe. Sitting on numerous boards compresses the time an independent director has to reflect on what is happening inside the belly of a company.

The Facts about  Insider Trading

Raju has claimed that no one else in the company was privy to the fudging of accounts. But the facts speak something else. BSE figures show a number of senior people in the company, including Raju and CFO Vadlamani were reportedly selling Satyam's shares over the last 22 quarters.

Sr.No.

Name of the Officail

Year

Stake in the Satyam/ No. of shares sold

1

Ramanlinga Raju

June-2001

23.0%

Dec-2001

22.4%

Sep-2002

21.6%

2003

19.0%

2004

16.0%

2005

14.0%

2006

11.0%

2008

8.27%

2

Vadlamani (Then CFO)

92538 shares

3

Ram Mayanpari  (Then CEO)

7,00,000 shares and 2,50,000 ADR’s

4

Kiran Cavale

4,00,000 shares and 10, 000 ADR’s

5

Rajan Nagarajan

4,30,000 shares and 70,000 ADR’s

Satyam Fraud Investgated

As soon as Ramalinga Raju confessed about the fraud, all the government deparments started investigating about the fraud. The deparments include CBI, SFIO, SEBI, ICAI and RBI.

CBI reveals modus operandi of Satyam fraud

Using cyber forensic techniques, the CBI has deciphered the modus operandi of the Satyam fraud. Following are the findings of CBI for some areas:

Sr. No.

Area

Remarks

1

Sales Data

IT company generated false invoices to show inflated sales. 7561 invoices were found to be hidden in the Invoice Management System. These invoices were worth Rs.5,117 crore. The accused already entered 6,603 of these, amounting to Rs. 4,746 crore.

2

Receivables

The fraud invoices resulted in creation of inflated receivables

3

Fixed Deposits

Investments shown as fixed deposit receipts (FDRs) worth crores of rupees were fake and printed from his personal device. The fake FDRs showed huge amounts, as the interest on these deposits was projected to be over Rs 375 crore, as against the actual interest income of Rs 7.42 lakh only.

4

Bank Guarantee

Manipulated the Bank Guarantees to show balance in bank accouts as Rs. 1800 crore

5

Balance in bank accounts

Forged the  bank documents showing the existence of the cash balance in five banks including ICICI Bank, HSBC, Citibank and BNP Paribas but the banks clarified that they do not have any cash balance in the name of the firm.

6

Who all were involved

CBI Chargesheet names Ramalinga Raju, Rama Raju, Suryanarayana Raju, V. Srinivas, S. Gopalakrishnan, T. Srinivas, G. Ramakrishna, D. Venkatapathi Raju, and C. Srisailam.

The revelations by Serious Fraud Investigation Office (SFIO)

The government, on January 13, had initiated an SFIO probe into various corporate aspects of the fraud under Section 235 of the Companies Act. The SFIO is a multi-disciplinary body set up in 2003 to investigate serious financial frauds. It consists of tax professionals, auditors, fraud examiners, capital market experts and banking professionals. Following are the revelations of the SFIO Commitee

Sr. No.

Area

Remarks

1

Main areas of inflation

inflation has happened mainly on six accounts, One is by falsifying cash and bank balances, by showing fictitious FDs, by showing fictitious interest being accrued on those FDs, by showing understated liabilities and also by showing overstating debtors.

2

Exports

Inflated to the tune of over Rs. 4500 crores over the last 7 years

3

Currency Remittance

Amount of Rs. 1940 crore is still unremitted

4

Books

Books inflated to the tune of Rs. 27167 crore

5

How long has this
been going on

Fy 01 to Sep 08

6

Reason for fraud

Very weak invoice management system and weak accounting practices

7

Accounting Sofware

Loopholes in accounting software and left passwords unsecured to facilitate fraud. software system for managing company’s financial accounting functions was deliberately made very complex for inflating profits

8

Invoice Management System

Weak password protection making the system vulnerable to misuse. Therefore, fake invoices could be created by unauthorised users. In order to Balance the collections against these fictitious invoices, they were first shown as receipts in the current account maintained with the Bank of Baroda, New York Branch and subsequently they were shown to be transferred to other bank accounts as fixed deposits. There were no validation checks for a number of invoices. The SFIO report points towards a serious control deficiency in the system that facilitated entering of unauthorised transactions, making unauthorised payments and non-detection of unauthorised activities.

9

Fixed deposits

The promoters were regularly generating fake quarterly balance confirmation letters showing the amounts of fixed deposits and the interest accrued on them. These forged current account balance statements and confirmation letters were fed into Satyam’s accounting software Oracle Financials for the quarterly audits of the company.

10

Current Accounts

three other bank accounts in India, Citi Bank, HDFC Bank and HSBC were also used for this purpose of falsification of current account balances.

SFIO in its report on the Satyam fraud case said that the IT company's claims of depositing funds raised through American Depository Shares in 2001 in banks could not be verified. Satyam in 2001 through a public issue in the US raised Rs 760 crore and claimed it deposited the amount in Citibank, New York. Though the company claimed that it transferred Rs 397 crore to India, the SFIO report said, it was wrongly mentioned to have been transferred to India and the actual utilisation of this amount could not be traced as all the amounts were transferred from this account to some unknown accounts through Citibank, Bahrain.

Satyam- Now Tech Mahindra

Tech Mahindra pipped Larsen & Toubro and the Wilbur Ross group to claim the fraud-hit Satyam Computer. According to early reports on Monday, Tech Mahindra is paying Rs 1757 crore for a 31% stake in the company, or Rs 58 per share. Satyam Computer Services has now zoomed 15% to Rs 54.20 ahead of the announcement of the highest bidder for the company on April 13, 2009.

Conclusion

The Satyam Saga cannot be concluded in just few pages. The truth is still to be revealed. The only truth which we know now is  that  nearly $2 billion of wealth that belonged to 3 lakh shareholders  eroded in a week; the jobs of 53,000 were on the line; the shareholders’ net worth drops from a positive Rs 8,529 crore to a negative Rs 278 crore only because of greed of few people.

But one thing is very true had it not been for a fraud, the way things were manipulated for over seven years in IT major Satyam Computers could be a “work of art”, If it were not for a dishonest purpose, the planning and execution to the minutest detail is truly admirable.

But we still wonder What was Raju thinking; since when—and why—was he thinking this way; and how did he do it?

About the Author

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Belbas-Larson Awards honor faculty excellence at USD
VERMILLION, S.D. – The University of South Dakota will honor two of its faculty at the 2010 Spring Commencement ceremony for excellence in teaching.
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Find a lawyer specializing in employment law for insurance broker.?

I've filed with the State of Illinois for age discrimination against my former employer - an insurance agency. I've also filed with the labor board because my former employer would not send me documentation on my final paycheck which is commission based. They just sent me a net check and didn't tell me how they derived the check amount.

The state labor board or insurance commission should be able to help you.

Legal Questions : What Is the Age Discrimination and Employment Act of 1992?

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Flexible Work Arrangements and Low-Wage Work

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.

References

Att'y Gen Op DM-27, 1991

Berry v Kemp I.S.D., Dkt. No. 103-R10-600 Comm'r Educ. 2001):  158-159

Burris v Willis I.S.D., 713 F.2d 1087 (5th Cir. 1983):  131, 236

Linder, D. (2009).  Exploring constitutional conflicts.  Retrieved November 1, 2009 from

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html

19 TAC 249.14

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."

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Manchester police officer guilty of assault; hung jury on felony charge
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Equifax Questions & Answers

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Credit12345.com

San Francisco Employment Law Attorney Shawn R. Miller

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SOS Help - Need Employment Advice Right Now?

Having problems at work with a colleague or even the boss and unsure of what rights you may have? Even worse are you about to be made redundant and do not know what to do? Solutions are available and you may have more rights than you know about...


Staff across England and Wales who fear they may be at risk from unfair decisions in the workplace now have more options than previously available. Especially with the current increase in redundancies, more and more people are desperate for employment law advice and help. As well as being advised after an issue arises it is also a good idea to be aware of your basic rights before an incident occurs.


Advice lines are being rolled out that want to hear from people who fear they may have been unfairly dismissed or forced to resign, or who feel they have been a victim of sex, race, disability, religious or sexual orientation discrimination. Or maybe you've been a victim of harassment, or you're about to be made redundant and don't know what to do? By either a phone call or a simple click of the mouse, you may find the answers you have been looking for.


New hotlines have been launched specifically for worried workers who feel they have nowhere else to turn. They offer advice and assistance with all types of problems an employee may encounter, and can help workers from all over England and Wales.


Perhaps your situation is a little more extreme and you need representation at an employment tribunal or you're just looking for advice on maternity or paternity rights - hotlines and employment law websites can help you decide if you have a case worth pursuing.


For example did you know that in 2006 the government removed the upper age limit for unfair dismissal and redundancy rights? The new regulations remove the upper and lower age limits for the entitlement of statutory redundancy pay. The upper age limit on unfair dismissal claims has also been removed. Therefore meaning your employer will have to pay you the statutory minimum redundancy payment even if you are under 18 or over 65 (or after your normal retirement age if this is lower). This means, if you meet all the other requirements, you will receive redundancy pay whatever your age. (direct.gov.uk)


With employment law constantly being updated it is imperative that you follow your grievance with independent professional and experienced advice. Should you have an indication that you have been mistreated at work then you may have the right to "make a claim" against your employer.


The most commonly circulated advice is to be aware of how important it is for employees to move quickly in order to make sure they do not lose their right to claim. This is because there are time limits! If you are in any doubt, it's best to speak to a specialist employment solicitor as soon as possible after the incident or the dismissal. As a general rule, proceedings must be started within three months of the earliest instance that has triggered the claim.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
UK Employment Law Solicitor
and specialises in
UK Employment Law Advice
from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729 and website address is www.employmentsos.co.uk.

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A woman—just 14 weeks pregnant—arrived at Nassau University Medical Center in New York, her water broken. Doctors told her that her tiny baby could not survive and recommended an abortion to avoid infection. The mother agreed. But eight nurses on duty that day refused to take part in the abortion.
Business - Bible Promises Spoken

After being Fired and Kicked out! I need major help?

Someone told me there is only a ninety day period in which this "kick out" can last. Is that true? And if not, how can I be able to return the the site of earlier employment? Is there any law stating I cant?

The paper only states you were INFORMED you are no longer allowed on your FORMER employer's property. They have the legal right to ban ANYONE from their property for LIFE, and they don't need a reason.
The only applicable law is called Trespassing.

WorkersCompensation.com's NewsLine Report for 3/13/2007

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

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I have an employment law question....?

I am asking for someone eles....
If you have been with the same employer
for over a year, is it legal for them to expect
you to go back to your References you listed
on your application and have them verify in
writing that THEIR ( the references ) degree or license is legal?
Isnt this something that should be done by
Human resources?

It's probably legal, but I cannot think for the life of me why would that matter to a company a year later.

Furthermore, a company listed as a reference doesn't have to give that information to anyone, and AS an employer, I would find that so odd, I would refuse to do it on principal.

Licenses are public information...that's another reason why it would be an odd request.

CareGivers America Non-Medical In-Home Health

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Has the United States become a nation of hypocrites?

We import our style of democracy, yet our Civil Liberties and Civil Rights are eroding.

become??? i thought that's what it was built on....American style freedom, hypocrisy and paranoia.

How to Properly Prepare Documents for Your Medical Vacation?

Copyright (c) 2008 Medical-Tourism-Guide.com


The preparation for traveling as a medical tourist is somewhat more extensive than preparing for treatment in your home country and will be require substantially more than the driver's license you need in your local community!


Sending a comprehensive file of your medical records is much easier than in years past. You can still opt to hand carry X-Rays and MRI's if you choose, however they are safer being submitted via electronic or digital transfer.


Phone calls between your primary doctors and the doctor who will be attending abroad are a must. This expectation is no different than if two doctors were collaborating in the same city or hospital in your homeland. The attending doctor can request medical records that are believed will be needed, however it is not wise to assume that all are being requested. It is a wise patient who takes the initiative to send all records. Many patients are opting to hand carry a hard copy of their records, secure in a binder and organized in such a fashion as to be easily read.


A summary statement should be prepared and a copy carried on your person throughout your travel time. The summary statement should include a paragraph about your medical condition, the purpose of your medical tourism plans, medications that you are taking, emergency names and contact information, as well as medical names and contacts in both your home country and your destination. Having this prepared statement can alleviate lengthy delays at customs and other checkpoints, as well as give information quickly-should there be a medical emergency. Include your itinerary in the statement.


A comprehensive family medical history should be added to the information being prepared. Many patients are not aware of all of their family history, and dismiss it as unnecessary and irrelevant to their situation. Because of the distance between the medical tourist and the majority of family members, it is critical that this information be prepared ahead of time. If you have never obtained a comprehensive family history, this is a good time to do it. There are forms available at your doctor's office or online that will give you a guideline as to what information needs to be obtained. It is wise to send a copy electronically, with the medical records and to also include a family medical history section in the hard copy binder that you are preparing.


Another important section that needs to be prepared is the homeland medical facility and staff contact information. Do not discount the importance of providing for each and every person or facility that has been involved in your medical care in the past. There is always the question of how far into the past the information should be provided. Five years is an acceptable number of years to go back. If you have had any tests, appointments or treatments over the past five years, prepare a list of where it was done (address), who you saw (doctor, lab etc), what the purpose of the visit was and what the results were. Be sure to include phone and fax numbers, pager and cell phone numbers. If during your stay overseas, there is a need to follow-up with any of your former medical providers, it will be critical to have complete contact information.


You will want to forward copies of your insurance policy to the medical provider you will be using overseas. Be sure to include cell, landline and fax phone numbers in the information. You will want to also have a hardcopy of your policies and contact information in the binder that you are compiling and hand carrying to your destination.


A wise patient will recognize that in any medical procedure, it is possible that the unexpected will occur. These delays or complications could create problems with your ability to manage your home office. Be sure to compile and carry with you (in a separate binder), all pertinent information. Include names, addresses, account numbers and contact phone numbers. A person would want to include mortgage companies, utilities, banks, credit card companies, and the employer.


Every traveler will want to be sure to obtain regional maps and guidebooks in your language. Do not assume that these will be readily available upon arrival at your destination, or that they will be available in your language. It is also a good idea to research the local and country laws and obtain copies if necessary.


It is worth stating the obvious. All medical tourists will want to have an original birth certificate, passport, and airline/train tickets. These will need to be accessible at all times. The wise traveler will make several copies of these. One can be left with an emergency contact person in the homeland, one given to a traveling companion, one put into a carry-on bag and another placed in the checked luggage.


The thought of gathering the above listed documents may seem very overwhelming. You may think that it is too much, and unnecessary. Before you decide to forgo adequate preparation, consider which of these you would want to be without when you are thousands of miles from home, dependant upon technology and interpreters to aid you in getting information from home in an expedient manner. It is better to be prepared!

About the Author

Jay Siva is the author of the best seller book "The Complete Guide to Medical Tourism". He reveals vital information on how to successfully plan your medical trip abroad, find discount airfare, American-trained doctors, and internationally- accredited hospitals. You 'll find out such things as how to pick your treatment destination, what you can expect to pay for specific surgical procedures and so much more.

The 10 Laws for Selling Success

Copyright (c) 2008 Drew Stevens PhD

Sales professionals must create magnetic appeal to increase closing efficiency. Our present global environment creates numerous obstacles that polarize sales efforts, form the proliferation of the Internet to advanced media. Ironically, with the intrigue of technological miracles the foundation of sales success exists upon 10 principles. Since the beginning of trade, selling has not changed, nor have these laws. These principles as they have for centuries are the laws that attract numerous clients and create successful selling professionals.

The Law of Preparation

The best selling professionals are always prepared. First, preparation begins with grooming and clothing. Like many, I am repulsed by numerous organizations that partake in casual clothing. To be successful one need look successful. A selling professional cannot attend an appointment in a T- Shirt and jeans. To be successful you need to dress successfully. Statistics for this article with over 1000 representatives illustrate that those dresses professionally closed 87% more business than those that didn?t.

More clients will be attracted to sellers because of the level of research converted into information that defines need. The knowledge output provides client value in terms of competitiveness, productivity and even profitability. Value stems from reading newspapers, trade publications and conducting research. When clients determine from the value professionals provide they are more apt to conduct business and moreover, use them repeatidly.

The Law of Selling Methodology

ES Research Group reveals that 90% of all sales training programs conducted for corporations result only in a 90-120 day increase in sales productivity and, as a result, fewer than 20% of companies realize any sustainable productivity gain that lasts beyond 12 months. In the United States alone over four billion dollars is spent per year on training selling professionals with two thirds of that money ear marked for one day training.

To be competitive, selling professionals must be competitive. It appears that taking the time to develop a training program does in fact pay tangible returns. More importantly is providing selling professionals with a methodology they adhere to and more importantly create attraction. The true competitive professional employs a methodology that stems from start to completion.

The Law of Value Proposition

One of the best assets for every selling professional is a value statement. Be mindful, this is not an elevator speech. This pithy statement ends the stereotype and focuses all attention completely on the prospective client. A value proposition is solutions based with all benefits focused on the consumer. Moreover, it denotes brand. A value proposition is nothing more than a benefit statement that offers to the client to improve their condition. Customer value propositions have become one of the most widely used terms in business markets. In 2006 the Harvard Business Review ?Customer Value Propositions in Business Markets? discussed how corporations use them in the branding process. Value propositions are a powerful marketing tool that are powerful and help gravitate the buyer to your direction. These simple statements enable selling professionals to articulate their company?s position into useful terminology that engages the prospective client.

The Law of Referrals

Proper attraction involves referral acquisition. Professionals abhor asking for referrals! Business is driven by the ability to ask for new business. If clients are happy with your work they will willingly provide others that can need to receive your value. There is a story of an insurance professional that would visit clients and not leave without three new referrals. Even if the client provided one or two, the agent would not leave until he received three or more. Needless to say, the agent retired an extremely wealthy individual.

The Law of the Decision Maker

Sales attraction is discovering the true economic buyer. 67% of selling professionals spend too much time with those that cannot make a decision. Sellers are not always prepared to ask the proper and difficult questions. Good detective work means asking the difficult questions. Detectives enjoy seeing the discomfort of others as they squirm to reply. Selling professionals must be intelligent enough to know about the organization, the competition to conduct and intellectual conversation. Research has found that the title never denotes the economic buyer. 87% of respondents in a research survey stipulated they underestimated the decision maker by virtue of title.

The Law of Value

There is a wonderful detective show in syndication on television entitled ?Monk?. The analytical detective works vehemently to resolve the case quickly. He eludes numerous hurdles yet in the end as the clich?tates, ?he always gets his man?. The same must hold true for selling professionals. True selling professionals endeavor to resolve client issues before the client understands the issue. In a recent interview with over 10,000 clients, they indicate their desire for sales professionals that can speak client language, understand the core issues and get to the heart of the matter expediently. Ask clients provocative questions that get them thinking about legacy, expectations and strategic direction.

The Law of Networking

Truly the best professionals constantly network. Selling professionals by nature require constant engagement with others to comprehend business trends and meet new opportunities. Admittedly, there exist a plethora of networking associations and organizations, choose those close to your location and aligned with your business. Review your local paper for functions that interest you and attend as a guest, but go! If you do not attend, your competitors are.

The Law of Desire

Successful professionals love challenges, are exceptional at overcoming adversity and love what they represent. They are never shy or non-conversant, and you can sense their spirit and their passion when they speak. There is a South African word called unbutu, meaning ?from the spirit.? Successful professionals have an aura of spirit, of love, of passion, of commitment in everything and anything that they do. The more you can create unbutu in your sales presentations and your sales, the more energetic and inspirational you can be to your clients. The passion for assisting others is the fuel that bounds from failure to fortune.

The Law of Faith

There is no better nourishment and attraction then faith. Faith is a component of both passion and love. Faith is the ability to disavow the norms and continue. Thomas Edison never failed, his faith in his abilities created a yearning to continue over 1000 times. If Henry Ford, and Andrew Carnegie did not have faith our American business system would not be the supreme power it is. And if Abraham Lincoln did not have faith, African Americans would not be free and his name would not be associated with America?s greatest president. In fact, faith was so imperative for Lincoln because his successes did not arrive until after his 40th birthday. Faith is one of the largest key components to the laws of selling attraction.

The Law of Success

I recall a young man that had limited athletic ability. He was reared in a dysfunctional home and loathed by family and friends. After much discovery he found an outlet in track and field. After years of searching he found a tool that displaced the discontent in his life. With much practice he got better and began to appreciate the sport. His success brought about future success. He visualized future success. Within months he became the captain of his team and a four-time school record holder. He also enrolled and graduated from a prominent university. Professionals have to breathe it, become it and yearn for it. Success does not come easy. The Reverend Dr. Martin Luther King jr. stated, ?Faith is taking the first step even when you don't see the whole staircase.? Take the ladder of success one step at a time by seeing each step, living each step and appreciating each step.

These laws are simply a roadmap to creative success. These laws function similar to a GPS system. They become guideposts to recognize and live by. Our spontaneous world leaves little time to reflect, we must act quickly. The best professionals absorb, collate materials and create action. To live by these laws, do not procrastinate, act quickly, your next sale might depend on how you fight or side with the laws!

About the Author

Drew Stevens PhD assists organizations to dramatically accelerate business growth. He is the author of seven books including Split Second Selling and Split Second Customer Service and Little Book of Hope. Dr. Drew is a thought leader on sales and customer service issues. He can be reached at http://www.gettingtothefinishline.com . Obtain a FREE White Paper on Sales Effectivenes - !0 Rules for Selling Success. Email Drew at info@gettingtothefinishline.com

Employee Rights Information

Video Voyeurism and Surveillance Laws in the Workplace

Are you thinking about installing Hidden or Surveillance Cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow - no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office.

But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance - you should always talk to your own attorney to determine exactly what the law is in your state.

VIDEO SURVEILLANCE
There are several variables when considering video surveillance in your place of business. Your choices include visible traditional and dome surveillance cameras or hidden cameras, with or without audio. Each of the variables has potential legal implications. Visible surveillance cameras (not hidden in any way) are generally not illegal if they are in a non-private place.

If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction.

Hidden cameras are a slightly different story. Video recording (without sound) is usually okay, even if the camera is hidden unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video.

Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn't have to disclose where the cameras will be installed.

There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy. Most states have followed suit. These laws are often referred to as "video voyeurism" statutes.

VIDEO VOYEURISM LAWS
As you can see, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cameras are a great tool for many employers but can also be used inappropriately. The federal government and most states have recently passed "video voyeurism" laws.

These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from recording images of an individual's "private areas" without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.

You will need to check your home state's particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private - bathroom and changing rooms may be "no-brainers" but some states' courts have even decided that employee break rooms or lunch rooms are "private" for purposes of video surveillance.

OTHER SURVEILLANCE IN THE WORKPLACE
The monitoring of electronic communications such as telephone calls, voicemail, email and IMs is covered by the federal wiretapping and eavesdropping statute - the Electronic Communications Privacy Act. The ECPA does include several business use exceptions to allow employers to perform necessary investigations, protect trade secrets and keep an eye on inventory and receipts.

Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs.

BEST PRACTICES
Whether they have a right to privacy at work or not, many employees find surveillance of any sort offensive. It is good practice for employees to be provided with written notification of the existence or possibility of any monitoring in the workplace - video, audio or otherwise.

Notices can be made a part of a written, distributed policy or a section in the employee handbook. Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably.

About the Author

The Author Sharon Macdonald is a high-tech security specialist. Please visit her at http://www.A1-HiddenCamera.com to view the latest in Complete Surveillance Systems and High Quality Hidden Cameras

Law firm productivity down in Q3; hiring down 6%

Corporate/Company Law
The Rudd Government recently issued its response to the Productivity Commission's ( Commission ) final report on Australia's director and executive remuneration framework, which was commissioned amid the market turmoil caused by the global financial crisis in March 2009 and released on 4 January 2010.
Employment Law: 2009, 2010 and Beyond! (Part 4: Labor Law)

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The Search for Online Safety

If you spend quite a bit of time online these days, you may be concerned about your safety while you’re online. After all, identity theft is fast becoming one of the biggest crimes worldwide, and given that it can cost hours of your time as well as thousands of dollars, it’s certainly something that should be avoided at all costs. The key, though, to staying safe online is to understand exactly what kinds of threats you might be facing as you cruise the information superhighway.

Keeping Your Terms Straight

The kinds of programs that can jeopardize your online safety go by many different names, and this is a huge problem for most users. You have to know the terminology before you can be afraid of it. Malware is a fairly common terms, but it refers to nearly anything that can hurt your machine. Virtually all bad things fall under the term malware at some point. Spyware is a term you’ve probably heard a lot about lately. This is a term for software that literally monitors your movements. It can either record every key you touch on your computer, the programs you open, or the websites you visit. Because it is downloaded without your knowledge, people can watch your every move without your consent. This becomes quite dangerous if you do any banking online or you check your account status online at any point in time. Adware is another fairly common term these days, and it is spyware’s slightly-less evil cousin. It will display a variety of ads on your machine. Like most spyware programs, it does track your movements, but it only uploads information to its host that helps them send you better targeted ads.

The bottom line with each of these programs is that it doesn’t really matter what type of malware is living within the walls of your computer case, it can (and usually will) track your movements and put your online safety and the security of your machine at risk.

Is It Really That Bad?

In a word, YES! Spyware and adware all jeopardize your personal information and the internet security of everyone. In the case of a keylogger, every stroke you type (from account numbers to passwords) are handed directly over to another person. In other cases, understanding what you’re shopping for or looking at so that the perfect ads can be sent your way is a bit creepy. Moreover, if they can get into your computer, they can use your computer to do damage to others. Some write malware programs that literally hijack your machine. They can store illegal files on your computer, or they can even commandeer your computer to damage other servers, which makes it harder to trace where the original attach came from. Malware can do awful things to your machine and to the machines of others. That not only costs you time and money, it presents a potential danger to others.

Is There Anything Anyone Can Do To Improve Internet Security?

While governments have attempted to pass laws to control malware, on the whole, these have proven to be fairly ineffective. The United States created both the I-SPY and SPY acts to try to impose stiff penalties on those who create spyware or damage the machines of others by employing those kinds of tactics, but no government can go far enough to truly take care of the problem.

On an individual level, there’s actually quite a bit that you can do to save your computer from danger. First, anti-spyware software is a great step. Find some that works well, update it often, and run it on a regular basis. Check out http://www.spyware-anti.net/ for some of the best information on anti-spyware software and downloads that will help maintain online safety in your home.

Aside from the actual installation of anti-spyware software, your next task is to tackle any infections that you currently have. Your new anti-spyware software will take care of most of it for you. In extreme cases, you may have to find an online virus/spyware forum and upload your personal notes and screenshots. People all over the world are usually willing to impart their experience and expertise to individuals with computer problems.

Once you’ve cleared your machine of problem materials, you may want to begin the complaint process. If any specific businesses were mentioned in ads on your machine, write them a letter. Let them know that you don’t appreciate having adware or spyware installed on your computer just so they can increase their profit margin. Let them know that internet security is important to you. Reporting them to the Center for Democracy and Technology might also be a great step in the process.

Malware affects all of us in some form or another. Whether it just slows your machine down or you end up paying thousands because of a related identity theft, it’s dangerous. Eliminating it is the only way to ensure internet security for all.

To learn more, visit http://www.spyware-anti.net/

About the Author

By Joe Lukas for http://www.spyware-anti.net/ here you'll learn about online privacy and how to remove spyware.
http://www.spyware-anti.net/ Please link to this site when using this article.

RMA First Friday Forum on Employment Law - Issue 3

Employment Law Can Tackle the Bully in Your Workplace!

A recent Court of Appeal decision regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, however, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority - those in senior or management position, for instance.

Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more difficult for staff to stand a chance of winning a bullying claim with their latest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air.

Good legal advice to companies would recommend that it is essential that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible.

A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could prove incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate.

Although this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles.

A good way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be true, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a director is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior level in the company for their actions to be taken seriously.

It is also worth paying regular attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most important information, as the law is something which changes on a regular basis. As anybody who has dealt with them knows, legal issues tend to be extremely complex and it is always, therefore, worth seeking legal advice from a reputable company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam is an experienced Employment Law Solicitor and specialises in Employment Law from Shropshire based Martin Kaye Solicitors.

MLM Leadership BookSeries John C. Maxwell "The Law of Influence"

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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.

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Spreading the e-Learning Word (Part 2)

In Part 1, I described some of the more “mainstream” ways to promote your organization and its e-Learning products to target audiences via the Web. This second part explores some additional Web channels that you may not have considered, specifically:

• Twitter
• Craigslist
• eBay
• iTunes
• and others

Twitter

Do you tweet? With its 140-character limit on posts…er…tweets, it isn’t exactly the place to promote e-Learning products or services.

Or is it?

Go to http://twitter.com/ and create a free account (you know you want to). Then click the Search link at the bottom of the page, enter “e-Learning” and click Search again. Less than a second later, you’ll see what’s being said around the world right now about  e-Learning. When I did, I found:

• Requests for help with specific e-Learning technologies.
• PodCasts and press releases from e-Learning suppliers (including SyberWorks).
• URL links to e-Learning blogs, products, conferences, and other sites.
• Free tutorials about authoring e-Learning materials.

In fact, these tiny tweets offer many opportunities to spread your firm’s presence and influence, through comments, product links, and promotional URLs. (Your competitors are probably doing so already.) Twitter is also a great way to watch what’s being said right now in and about your field…and to join the discussion.

Craigslist

OK, this is a stretch, right?

Not really. Craigslist is becoming the place to post jobs and find employment. But it’s still a fairly overlooked place to do promotion. I’ll call your attention specifically to its discussion forums section (just below personals). There you’ll find such potentially useful categories (for us) as:

• 1099, about self-employment and related products and services
• comp, about computer technologies
• educ, about colleges, training, and learning
• science, about science

Then, under services, you could consider posting an occasional ad under:

• computer
• creative
• lessons

And, believe it or not, you will occasionally find very pertinent postings in the gigs section, under computer and creative,

These (and other categories) are easy places to place your company name, and its products, services, and expertise, before target audiences…especially when they’re in specific cities and states.

eBay

This too may seem a stretch, but I just searched eBay’s marketplace for the term
“e-Learning” and came up with 72 hits. They included a ton of e-Learning books for sale,  plus a few CBT courses. In truth, eBay isn’t the best place to sell most e-Learning products. But you can promote yourself there.

Specifically, check out eBay’s Community > Discussion Boards > Computers, Networking, & IT forum. When I did, the first 10 of its 86 pages contained eBayers’ questions about:

• Creating and saving Flash SWF files
• Java/PL/SQL
• Dreamweaver
• Search engines
• Hardware, software, operating systems, and browsers
• Internet security
• LANs and networking
• Computer-based training

And many of these questions offered untapped opportunities to put one’s name and services before eBay’s more technical users, while also helping to solve problems related to your markets. So occasionally checking in on this eBay forum could be a good way to start (or join) discussions about your markets, to help others, and (oh, by the way) to put your firm and its services before their eyes.

iTunes

Apple’s popular iTunes hosting and distribution service isn’t just for music. It also offers more than 100,000 free educational audios, videos, lectures, language lessons, audiobooks, and podcasts…from universities, PBS stations, and cultural institutions around the world.

And again, most e-Learning materials aren’t suitable for this kind of delivery. But, if your firm’s products lend themselves to promotional videos on YouTube (which I discussed in Part 1 of this article), then also look into iTunes …especially since your younger audiences use it every day.

Others?

What other ways can you think of to expand your firm’s presence on the Web? Most public sites offer forums, and ways for users to comment on their purchases and needs. I can think of three immediately: Amazon.com, CNET.com