Posts Tagged ‘web2.0’

About » The Employment Law Alliance Coupled With Other Analyses

Friday, December 31st, 2010

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Why did Shah Mohommad Reza Pahlavi fall from power?

Shah Mohammad Reza Pahlavi fell from power in the Iranian revolution of 1978-1979 partly because he
(A) was moving toward a military alliance with the Soviet Union
(B) was aggressive in modernizing the country along Western lines
(C) insisted on strict enforcement of Islamic religious laws
(D) tried unsuccessfully to annex Afghanistan
(E) opposed increased educational and employment opportunities for women

noen of the above. he fell from power because the idiot jimmy carter refused to back him up when the crazy ayatollahs came to overthrow him. none of the muslim problems would have happened over the past 30 years if carter had supported the shah

2010 Protest John Yoo Torture Boalt Law School, Part 1

A Complete Simple Summary With Regards To » Employment Law News 2009

Saturday, November 27th, 2010

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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

The table below compares the White House's February 2009 projection of the number of jobs that would be created by the 2009 stimulus law (through the end of 2010) with the actual change in state payroll employment through September 2009 (the latest figures available). According to the data, 49 States and the District of Columbia have lost jobs since stimulus was enacted. Only North Dakota has seen net job creation following the February 2009 stimulus. While President Obama claimed the result of his stimulus bill would be the creation of 3.5 million jobs, the Nation has already lost a total of 2.7 million – a difference of 6.2 million jobs. To see how stimulus has failed your state, see the table below.

http://www.republicans.waysandmeans.house.gov/News/DocumentSingle.aspx?DocumentID=150826

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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A Revealing Debate And Synopsis Regarding » Best Employment Lawyers Toronto As Well As Similar Research

Friday, November 12th, 2010

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The Lost Crusade
Paul Facinelli sought to expose a wrongful conviction. It cost him his career.
Toronto Police hit cyclist from behind, wrongfully arrest him in order to protect themselves Pt 1

About » Employment Law Essays Uk Along With Similar Research

Saturday, July 24th, 2010

employment law essays uk

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

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The Reality As It Correlates To » Illinois Employment Law Rules As Well As Comparable Research

Friday, July 9th, 2010

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10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois

1)Who Gets Tested

Illinois has a required drug testing law. This means that certain individuals must be tested if involved in certain types of jobs or activities. This is to ensure the safety of the public at all times. Otherwise drug testing is at the discretion of the employer.

2) Types of Drugs

The state of Illinois requires no specific drugs be tested for. It is up to the employer to decide what drugs they wish to look for. Of course it is standard practice to test for those drugs that will cause impairment and the inability to safely complete a job.

3) Company Disclosure

There is no requirement for a company, public or private, to post notice in a public area that they conduct drug testing.

4) Written Policy

Only public works requires a written policy on drug testing. Otherwise no employer, public or private, must have a written statue in the employee handbook that describes the companies policy regarding drug use and drug testing.

5) Test Types

There are no state laws or statutes that require mandatory types of testing by a company either public or private. There a company can opt for drug testing using a blood sample, hair sample or urine sample.

6) Drug Test Fees

All fees are the responsibility of the employer. No employer, public or private, can require any employee pay for any drug testing regardless of the type of testing of frequency of testing.

7) Who Must Be Tested

Only public works contractors and public works subcontractor must test their employees for both alcohol and drug use. Otherwise there are no regulations requiring any other worker to undergo drug or alcohol testing. However, companies that work with the public or who conduct business of a sensitive nature will usually do drug and/or alcohol testing.

8) Where Does Testing Take Place

There is not set laboratory or hospital where testing must occur. An employer can choose any facility that conducts drug testing.

9) Is there a Set Time for Drug Testing?

Only public works contractors as well as subcontractors must be tested prior to starting work for the company and ultimately for the public. In addition this type of company is required to conduct drug and alcohol testing for any employee involved in an accident or who is suspected of using drugs or alcohol. Otherwise there is no set rule, law or statute that states when a company, public or private, must do their drug testing.

10) What Happens if the Test is Positive?

A public works contractor and a public works subcontractor that has an employee that tests positive for drugs must be fired and could be prohibited from re-hire with any other company for that particular job. Otherwise a company, public or private, is under no obligation to fire or prosecute an employee that has tested positive for drug use.

 

About the Author

This Article is written by Lena Butler, the author of Drug Testing Laws by State a longer version of this article is located at 10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois, and resources from other home health and wellness testing articles are used such as Drug Testing Policy.

StateSurge Weekly Episode 1 - March 29

A Short Internet Summation Of » Illinois Employment Law Letter Coupled With Similar Analyses

Wednesday, June 2nd, 2010

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Based upon space availability, The Champion prints calendar announcements and items for columns, including campus news, newsmakers and others for local organizations and individuals. For a complete listing, visit www.pioneerlocal.com/mortongrove , The deadline is 14 days before the desired publication date, however there is no guarantee for publication. Send releases ...
National Chief Phil Fontaine - Make Poverty History

A Short Overview Related To Illinois Employment Law Contracts

Saturday, May 29th, 2010

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Worker Classification Investigations Gain Momentum

Currently, one of the fastest growing areas of litigation, including class action suits, is in the proper classification of workers as either employees or Independent Contractors. The dictionary defines an Independent Contractor as "a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job." Misclassifying a worker as an Independent Contractor can have far reaching implications including high dollar liabilities.

The Internal Revenue Service (IRS) has very strict criteria for determining the Independent Contractor vs. Employee status that has been in place for many years (discussed later in this article). Federal Express has been a poster child for this issue, owing the IRS $319 million in back taxes. In a suit filed against Northwestern Mutual Life Insurance Company, the proposed class is seeking $200 million for misclassified workers.

At the federal level, the IRS is in the midst of a misclassification crackdown. It is important to note that on the Federal level there has been previously proposed federal legislation - the Independent Contractor Proper Classification Act - that is expected to be revisited by Congress. This act imposes strict penalties on employers for worker misclassification. A brief summary of the act is below;

Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.

In addition to the Federal Act discussed above, many states have current or pending legislation of a similar nature. Some examples are;

  • Illinois: Enacted The Illinois Employee Classification Act effective January 1, 2008, which imposes harsh civil and criminal penalties for misclassification of workers.
  • Colorado: Enacted H.B.1310 in June 2009. Imposes penalties up to $5,000.00 per employee for a first offense & up to $25,000.00 per employee for subsequent violations for misclassified workers.
  • Maryland has instituted the Workplace Fraud Act effective October 2009.

You might be wondering at this point: what's the big deal is if a worker is classified as an Independent Contractor or an employee? Workers that are misclassified as independent contractors are denied many protections afforded to employees including, but not limited to, wage & hour laws, benefits (including workers compensation and unemployment insurance payments), and protection under non-discrimination laws.

Thomas E. Perez, Secretary of Maryland, offered this quote on regarding Maryland's Workplace Fraud Act, "This new law will ensure that employers who attempt to cheat the system, their workers and their competitors, will pay a steep price for their actions. It should send a message that we will be fair to those employers who are trying to play by the rules, but we will not tolerate flagrant and intentional violations of the law for personal gain."

Both the federal and state governments are recognizing that in many cases employers intentionally misclassify workers as Independent Contractors in order to avoid payroll tax liabilities, workers compensation premiums, and/or wage & overtime responsibilities on these workers. The IRS estimates that the federal lost tax revenue for misclassified workers as $3 - $5 billion (yes, billion) dollars per year. It is estimated that 7 15% of workers are misclassified as Independent Contractors.

As you can imagine, there are many federal and state entities that have an interest in the misclassification of workers:

  • United Stated Department of Labor
  • Internal Revenue Service
  • State Tax Departments
  • Unemployment Agencies
  • Workers Compensation
  • National Labor Relations Board
  • Federal Courts
  • State Courts

The penalties for misclassification include civil fines, criminal penalties, being barred from federal and/or state contracts, and private rights of action for the aggrieved workers.

To determine if a worker is an Independent Contractor can be challenging, especially since there are different criteria for the various federal and state entities mentioned above. Even though there are different tests, most tests flow from the long established principles of the IRS. The IRS employs a 20 Factor Test that determines the employers level of control in these categories: Behavioral, Financial and Type of Relationship. Please see the links below for more information and guidance on properly classifying workers.

If you want to learn more Human Resources Tips, please click here for more information.

About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

9 Things to Know About an Employment Contract... Before You

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An Exposing Debate And Conclusion Regarding » Employment Law Virginia Beach Along With Other Research

Thursday, May 20th, 2010

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Free Economical Zone Transformation in Georgia

There are a lot of free economical zones in the world. What priorities will it have to form free industrial zone in Georgia, and what will make it successive?

We may consider geographical location of the country, also closeness with Azerbaijan, Armenia, Russia, Turkey, Ukraine, and markets of Middle Asia to be prior for forming free industrial zone. It must also be foreseen, that direct neighbor of Georgia on the Black Sea is Euro Union.

It must be mentioned, that Sea port of Poti is the larges in the Black Sea. It is the largest port servicing dry Caucasian cargo, it is situated on the TRASECA corridor and it the most important part of Caucasian transit transporting web. The port is connected by direct sea directions with Europe and Asian largest ports, has direct ferry connection with Ukraine, Russia, Bulgaria. The port is connected with the railway web of the country, it is connected with every Georgian city with the automobile road, has relations with Poti airport and international airport of Batumi. The seaport serves all kinds of cargo. It has received ISO-9001-2000.

Poti port can widen conductivity and serving more then 25 million tones of cargo annually.Together with geographical location, closeness with international transit arteries and cheap working force also are considered to be prior.

They are going to open free industrial zone on 400 hectares, it borders to the seaport from the north and followed the sea beach line.

Exactly advantage location of free economical zone and extremely liberal legislation system must provoke attracting foreign investments, as investment environment in Georgia is not very attractive from the various points of view. First defining factor of the investment environment is the size of a market. Larger is the market size, the more attractive it is. Georgian market doesn't differ with large scales.

Second factor is legislation. Georgian legislation is liberal. Heritage Foundation considers us to be attractive country in this direction. According to the index of economical independence, Georgia occupies 32nd place. This means, that there are quite liberal barrier for displaying providing business and industrial initiatives in Georgia.

An interrupting factor is political instability. It is known, that inventors pay large attention to the political stability and investment guarantees. A problem of territorial integrity of our country, what puts Georgia under the permanent danger of war is also added to all, mentioned above.

There are some problems from the point of executing law. Fixed facts suppressing private property influenced negatively upon investment surrounding. It is important to provide profitable activities and creation of the mechanisms of legislative protection.

Qualification of working forces is also a serious problem. it is very low in Georgia. Intellectual resource is also reduced.

Main reason of creating free industrial zone is attracting investments, growth of business activity in the region and achieving employment. For this the country must form advantage financial conditions to the investors, for making their choice for the benefit of Georgia among many others. We'll see in the future how much successful the functioning of free industrial zone is, and if inflow of investments take place.

They call free industrial zones off-shore ones. These are the territories, which are under the doubtful sight of everyone, because of being uncontrolled. Its creation in Georgia has been followed by opposition and critical dependence. Most of Georgian experts have negative dependence upon free industrial zones, because it is considered to be the sphere of unreduced actions of private interests of definite persons, for whitening "black money", selling capital in the way of avoiding rules and taxation, perspective of which in Georgia is very doubtful. To their mind, it is incomprehensible, why is there any need of founding free economical zone in such country in which there have been made important steps towards liberalization of economical and industrial surrounding. Complete liberalization of foreign trade took place in the 90s. This meant that export was released from taxation. Tariff-free reductions, as quoting and licensing were abolished. Since 1998, currency operations have complete independence. In 2006 they reduced high custom tariffs. Today custom tariff on agricultural production is 12%, on building materials - 5%, others are zeroed. They simplified licensing and rights on beginning industrial activities and their realization. A professor, economical expert Vladimir Papava exclaims: "creating free economical zone under the conditions of free economy is the most ineffective step. Exactly for this I consider creation of free economical zone in Georgia to be nonsense".

He finds following explanation to his point of view. There are countries of two kinds in the worlds - those, which have surplus investments and which suffer lack of them. Countries having surplus investments strengthen inner investor in its free economical zone. I.e. the country forms such conditions, that the investor invests money in the free zone at the territory of his/her country and doesn't take it out of it. Creation of free economical zones in the country being in hunger of investments hardens the situation, as the investor doesn't come in the country itself, but in the zone. Local investor will try to do same. Georgian economy is not firm and creation of free economical zone will ruin economy of whole country.

The expert Temur Giorkhelidze writes: "the fact, that something will be done in one town and whole country will be raised is illusion. One zone will not stand international capacity. Development of insufficient industrial surrounding at whole territory of the country will cause chaos in this zone!"

Authors of the project and supporters of founding of FIZ estimate its foundation to be positive and consider that Georgia will be better developed and will overcome poverty easier if the economy is more open and liberal.

The author of the bill Kakha Benduqidze considers such zone to be necessary for increasing business-activity in Georgian regions. This will be industrial zone with high technologies and processing industry, in which industrial persons will work in the zeroed regime, which will make additional stimuli for providing their business.

Deputy Minister of economics Vakhtang Lezhava writes: "there is quite liberal regime of business regulation in Georgia. Main goal of making free industrial zone is to create more liberal industrial surrounding in the definite territory of the country to be oriented towards real employment". Lezhava exclaims, that "Georgia will not turn into the off-shore zone, there is no preconditions for this". According to the governmental statement, free economical zone will bring economical raise to the country.

Thus, creation of free industrial zone has been followed by various points of view. There is a permanent question - "What will foundations of free industrial zone bring to Georgia?" in such situation they often say, that "a stick has two ends" or there are as positive, so negative sided of it. They must provide analyzing, which side surpluses another and make advantage decision, is it positive or not to found FIZ in Georgia.

Let's discuss expected dangers and problems of founding free economical zone:

  • foundation of FIZ is followed by expenses, at the first stage because of tax payments, and this reduces budgetary incomes.
  • Attractive legislative regime of free industrial zone will give rise to the inflecting investments to one concrete region of the country at the expense of other ones. This will ruin less interesting regions from the point pf investments. This may give rise to the opposition among various regions, as people living in this or that region may say that they are oppressed and have no opportunity for being developed.

It is defined by the law, that free economical zone may be founded at any territory of the country, i.e. it is possible to open it in every region. This is exactly where the experts see the danger, as foundation of FIZ is possible on those border territories, in which there is ethnical variety, as free industrial zone comes out of economical domain of our country and it becomes possible to be completely integrated for the territories of neighbor country from the economical point of view.

  • it is negative as there will be another uncontrolled territory in the country, in which trade may also not be controlled, as on the sections of Roki - Down Zaramaga and Adler -  Gantiadi. It will be very difficult to realize custom control
  • it is necessary to foresee special measures of security, for not letting production provided on the territory of the zone to get to the inner market by the illegal ways. They must reduce entering and outgoing ways maximally and their strict controlling. There is a danger of contraband in the free economical zone. They see danger in the existence of fictive firms, which will pull amounts. Though the authors of the project exclaim that there are levers in the law for avoiding this danger.
  • Free industrial zone will give rise to the danger of "whitening" money. There are a lot of methods of "whitening" money. Operations related with cash money, illegal usage of banking and other financial institutions, operations related with expensive movable and unmovable property, gambling games are considered to be classical mechanisms. The simplest way of "whitening" money is in the process of privatization and in the free zones. A free zone is the best way for entering commodity in the contraband way.
  • It's well-known axiom, that, in those countries, in which liberalization of economy, opening borders, transit development, entering foreign investments, increasing movement of physical persons are in progress, in the countries, where quite large part of the population is abroad and which is surrounded by ill-disposed countries, possibility of "whitening" "black" money is very high.

Georgia "satisfies" almost every condition named above and it may be considered one of the zones for "whitening" money. The fact that so-called off-shore companies, which represent symbols of "whitening" money provide activities in Georgia, strengthens this danger.

To my mind, danger of "whitening" money is higher in FIZ, than at whole territory of Georgia, foreseeing the fact, that registration of such enterprises, as banks is prohibited in FIZ. To my mind, this process is in progress in Georgia today anyway, because foreign investors, placing their sources in Georgia do not belong to the number of transparent capital owners. In fact, there is no civilized capital flowing in Georgia. Invested capital is entered by the firms registered in off-shore zones (for example, from Marshal and Virginia isles), and this, of course, means, that they are doubtful.

  • Free industrial zone, to my mind, will support growth of inflation. Foreign investments will enter FIZ. This will give rise to the growth of masses of foreign currency in the country, which devaluates it in relation with Lari, and this is bad for export.
  • There is no political stability in Georgia, rights of the owners are abolished, and working force is not qualified. Permanent changing of legislative system is still continuing. According to this, there is a danger, that foreseeing disadvantage business environment, short termed foreign capital of doubtful appear will enter FIZ, which will run out of the country as soon as the conjuncture worsens a little and thus provoke finance-economical destabilization.

There is danger in selecting an operator. FIZ wouldn't b successive, if it operator were not recognized worldwide and a successful investor in this business. For being successive, it is also necessary to make Georgian FIZ a part of industrial infrastructure of the world and integrated chain.

Creation of free industrial zone has its positive sides. There are large possibilities for business development and growing business activity. It is possible to develop backward region, and zeroed taxation regime will be additional stimuli for providing business.

A positive side of free industrial zone also is the fact, that leading technologies and Know-How will enter the country.

It will increase inflow of foreign currency, because, the capital is objective in its nature it moves towards the place, where there is low payment. Inflow of investments gives the possibilities for economical and social development. Investments will give rise to the creation of working places, relatively - employment.

Creation of free industrial zone in Georgia, as a they say, is not calculated for fiscal effect, it is necessary to provide investments and create attractive surrounding for new business and new working places.

With free industrial zone export potential may be increases. The largest part of manufactured production will be for export that will definitely be successive for Georgia, as firming Lari in the country gave rise to the rise the price of export and worsening taxation balance. For example, data of covering import with export was 32% in 1995; in 2000 it grew up to 46%, for today it is reduced till 23%. From 1995, till 2007 the volume of export has been increased 8 times, and 11 times - of import. Nominal WIP at the same period has been increased from 3.9 Billion Laris to 17 billions i.e. 4.36 times, while real WIP has been increased only per 2.1. Exchange rate of the currency gave rise to the worsening of taxation balance. Only 10% of the production manufactured in FIZ will be permitted in Georgia, others will be exported to other countries. This will provoke improvement of taxation balance.

Free industrial zone - from the point of territorial integrity. FIZ is directed towards territorial expansion. Its territory duels in 5-10 years. if FIZ of Guria-Samegrelo works successfully, Guria-Sukhumi-Ochamchire will join it. Separatists will not be able to block all good of FIZ. For example, Turkish separatists of North Cyprus requested themselves to join economically successful Cyprus.

To the experts' mind, economical integration is necessary. They must make joint investment projects with Abkhazians and Alanians. Founding such zones will give rise to the centralized lob in the conflict regions, which will play positive role in the affair of regulating conflicts. Though, this is only a dream today, as it is known, that they need very good control and stability. If realization of good administration is possible in the conflict regions and the investors have feeling of stability, it will be really possible to create FIZ there. In the modern reality it is utopia, though we can not exclude anything in the future.

Creation of free industrial zone is already decided and it will be activated very soon. FIZ is expected to be an impulse for economical development of Georgia, though opening of free industrial zone is not a miracle, there mustn't be surplus expectation, it is a permanent process, which will bring first results in 5-10 years.

Modern century is of globalization. A process of economical globalization in the world will not be avoided by Georgia and it will be progressively integrated into the world economical system. The process, to our mind, has already begun. Foundation of free industrial zone speaks for this.

Georgian government passed the law "about global competition abilities of financial sector", which foresees foundation of financial center. Main goal of the law is integration of Georgia to the world financial system. Articles involved in the processed "revolution legislative" package touches upon founding off-shore zone in Georgia. We mean foreign banks and assets per ten million dollars.  According to the articles put in the law, the banks' profit up to 100 million dollars will not be taxed. They also touch upon providing the rule of taxing banking-financial operations, capital movement and so on.

How much does it matter to found financial center in Georgia on the background, when financial centers of London, Milan and Hong-Kong are on the highest level of development and need no representatives in Poti. In case, if we offer them taxation oasis and really advantage conditions, they may stop their choice on Georgia. Though it will not be enough, as foreign investors pay large attention to the countries distinguished with economical-political stability, to the category of which Georgia doesn't belong. There is no institutional, technical-economical infrastructure and a mechanism of protecting property is very weak in Georgia.

Notwithstanding everything, integration of Georgia in the world economical domain is inevitable and this is only matter of time, because under the conditions of total globalization no national state may exist without total financial economical space.

About the Author

Lamara Qoqiauri

Date and place of birth: October 6, 1948

Working place: Tbilisi Iv. Javakhishvili State University

Tel.: (+99532) 79-07-10; (+99532) 760595

Web-site: www.nino.skola.dlf.ge

e-mail: qoqiauri@yahoo.com

Address: Tbilisi, Varketili, 159, Gakhokidze St.

Working experience

A republican department of Georgian State Bank (National Bank) ---------from 1970 1976

Tbilisi, 3/5, Kirov (now Leonize) St. - Accountant economist, An inspector of providing accountant-loan operations, cash fulfillment of budget.

A republican department of "MshenBank --------------------------------------- from 1976 - 1977

As a Chief economist

Tbilisi Iv. Javakhishvili State university ------------------------------------------ from 1977 - till now

As a Laboratory assistant of a cathedra, Research worker, Associate professor, Professor.

Gori Economical Institute (now State university)

English private school-college "Nino"- Owner

Education/training

Tbilisi, Komarov high school of physics and mathematics

Tbilisi, technical school-college of finances and economy

Tbilisi, Iv. Javakhishvili State University, Faculty of economy (evening department)

Post-graduate course of Georgian scientific academy of economy and logistics

Tbilisi State University, Economical faculty

Nongovernmental association of private schools

Qualification

Scientific status - Professor

Doctor of economical science

Doctor of economical science, professor.

Accountant-economist of Bank

Candidate of economical sciences, associate professor

Published works

Quantity of works -108

Monographs between them – 14

Manuals between them -5

Quantity of works during last 10 years – 84

Quantity of works in the referred magazines- 43

The Truth Of The Matter As It Correlates To » Employment Law Bay Area

Saturday, May 15th, 2010

employment law bay area

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

A Quick Synopsis With Regards To Employment Law Young Person In Addition To Other Analyses

Monday, May 3rd, 2010

employment law young person

Order No. 71146970 Discrimination Based On Age And Disability In Employment

Introduction

To be discriminated has there notion that one is not given the rights that will enable him or her offer the required productivity this is in terms of providing an hostile environment that will lead to the employee have no hope for work because it is not possible to work. This is because if a person is set in an environment such as for example been told to work in a company where by the air pollution is very high and not given the protective devices, this will mean that such person will be in an exposure that will lead to many dangerous disease that are related to smoke and therefore that person's health will be at risk all the time this means that it will not be possible for one to work in an hostile environment that does not favor his or her health and therefore such a person will feel discriminated due to this condition that is exposed on him or her.( Jose,1997)

Employment discrimination that is mainly based on age and disability has been wide spread in most of the countries this is because these people are seen to be of less importance and not able to offer the required productivity therefore the people are discriminated in terms of hiring, one can be fired any time even without a cause, the people who are discriminated are not even given high ranks even after they have provided their services to the organization and these people are accursed of misbehave and therefore they enter into different punishments .there are different types of discrimination in the employment like the age discrimination which is the state where by the older people are mainly mistreated this is because they are seen to have low productivity and therefore they prefer to employ the young people who are healthy and can work for many hours therefore it is  always a bother and time of distress to the people who have experienced and been in older ages. In the case of the disability discrimination this is a case where by the people with abnormalities such as the blind, deaf and dumb and other types of disabilities are not given opportunities to work just like the other normal people this means that such people even if they have experiences are not given chance in the work places to do there work as they are seen to offer little to the organization. There is the race discrimination which is related to the notion whether one is a black or a white and therefore depending on ones race then the employment for example the work for the whites will be very different for the African Americans the reason is that these blacks in US are seen to offer poor quality products even with training and therefore it becomes very hard for them to get good posts in the country. The race discrimination has a high impact mainly to the blacks who educated this is because they are not given chance and the freedom to work like the other citizens. (Jerry, 2001)

The sex discrimination where by the females are treated differently from the males and therefore it means that most of the favorite jobs may be given to either the females of the males depending on the view in that particular organization therefore it becomes very hard for the people to do their work as expected and therefore most of the work will be left undone this means that such an organization will have low productivity which will lead to low economic growth and the country will have less of its own. This is due to the fact that the organizations are not producing enough for sale and also for the nation satisfaction and this will mean that the nation will not have enough products for the rapidly growing population. The employment discrimination leads to the low growth of the economy of the nation this is because it is not possible for them to know and give every one freedom to get jobs just like the rest and therefore the country will end up having many jobless people and this will mean that the dependency rate will be high. With high dependency rate then it means that the country will be forced to get assistance from other countries this is due to the fact that many people who should be doing their work to earn a living are seen to be of less importance and therefore such a country will continue to be experiencing low growth in economy as most of the income will be used to get assistances from other places. (Jeff, 1997)

Age discrimination

This is where by the employer   views the people within the ages of 40 to be of less importance this is because they are not able to do their work just like the young even though they have experiences. Most of the commonly discriminated people are the men and women who have attained the ages of 40 and above. This discrimination is seen in cases where by in the times of promotion then the old people are not given promotions, they do not get trainings just like the others and these people are given transfers without notice. The thing is they do not have to enjoy the benefits that are enjoyed by others in the organization. The discrimination is also seen where by they do not get cover for the provision of goods and services this is because they are not seen to be of importance and therefore they do not require to get the benefits of the organization just like the young people in the work place. Due to lack of the benefits that are required for an employee to do his or her work properly then such a person is seen discriminated. The examples of age discriminations includes: a person who is of like 56 years been given to work with a team of colleagues who are of the ages of 20s or those with less years compared to such a person this person is discriminated because the team he or she is working with will not be easy to cope with and therefore such a person will get difficulties in trying to interact and relate with these colleagues. Another example is where by one can work past   his of her years of age in that one has retired and he or she is still working. This will lead to claims that will be based on the feeling that their is unfair dismissal of people and if the person is able to challenge the firm then he or she will become a bother because the thoughts that are mainly based on many firms is that it is not possible for a person above the age of 60 years to work perfectly. There is the company giving of pensions in that if one has to be retired and is given more time to work this will mean that such person will have the worry about his or her pension. (Dobrich, 2000)

Disability discrimination

In the treatment of a disable person unfavorably in that without giving him or her the services that are required will lead to problems that will mean that the person will not be able to work as expected will mean that such a person has been discriminated and not able to do what is expected of him or her. This is where by one is not given the rights in his or her abnormality to work and provide the best to the organization. The must common disabilities are blindness. Deafness, dumbness and other disabilities that people may have. Such a person who has been discriminated due to the fact that he or she is abnormal will lead toil more problems affecting such person and therefore he or she will be a bother to the people who relate with such a person. Examples of a disability discrimination is that a blind person who has experiences in typing and rejected in the organization due to his or her state of health this means that it becomes very hard for such person and he or she will be mentally and physically affected as they will have to depend on others for their survival. This person will not be able to know what to do due to the fact that there is no organization that is ready to recruit him or her. Another example is a person with the osteo-arthritis which is a disability that will make the person be not able to walk then such a person is not seen as of importance to do what is expected of him or her and therefore it becomes impossible to do the best so that the productivity can be accepted. Another example is that an employer not been able to offer employer for a disabled person who has got the qualifications and experiences that are required. The signs of discrimination includes: not given benefits that are required to enhance him or her so that the work can be done effectively like for example there are equipments that are required by the blind people to assist them to do their work as expected, also lack of the employer concern on the working environment for these people meaning that it is not possible to work all the best and therefore working becomes a bother for that person and has got to undergo many constraints in his or her life and therefore life becomes very hard. Disabled people are not given the attention that is required for their survival; this is because most of the employers view them as been a problem to the organization as they want to get special care so that they can work well and the fact is that it is not possible to work without some of the important equipments that are required for assistance and therefore it is not always a view that is accepted by most of the employers. (Clayton, 1994)

Laws concerning age discrimination

The laws prohibiting age discriminating are the age discrimination in employment act of 1967. This law ensures that the people who are of 40 years and above are given the same priorities to work just like the rest this is because when people get to the older ages are not preferred by most of the employers and therefore it becomes hard for them to secure jobs just like the young. This law covers these people and therefore it becomes possible for them to work and get what ever they require just like the others who are able to work. The law has the idea that people are not supposed to be discriminated in any way provided such a person is able to work and has got experiences required .the ADEA law is applied to the employers who have more than twenty employees with both the state and the local government and is also applied to the organizations that are based on labor employment and also the federal government. It is against the law to have age limitations in job notices and it applies that the advertisement that has to be made known to the public should not have age indication. If the employer has to ask anything concerning the age of that particular person then it should be lawfully done and should not be disclosed. There is a law that was changed in 1990 that is the older workers benefit protection act that ensures that the older people are not rejected of their benefits but are seen to be just the same as the rest in any working institutions. (Barns, 1998)

If one has been discriminated due to his or her age then the ADEA has got the rights that show that such an employer has to face the law and therefore such a person who is discriminated should ensure that the report is made to the protection law act. For a person to be able to report the discrimination and be considered then he or she should ensure that such requirements must be followed which includes:  the rights must be in writing and understandable, it must be specific to the ADEA rights, the rights law should ensure that the claims should not be repeated in future, the rights should have valuable consideration, it must advise the individual on how to go about the laws before signing the law and the individual should be given days to consider the agreement and therefore  one should ensure that the rights are well understood and the best is achieved in making sure that the people are not discriminated.  This law that is based on the age discrimination has got to be made clear and cover all the employees this is because most of the employer's do not like to employ the old people and therefore such a person will be willing to work and no job provided and therefore it becomes a bother to him or her if he or she is the sole provider for the family. This will mean that such a person will be forced to do things that are not acceptable by law and lead to more problems. (Barbara, 1997)

Laws for disability discrimination

The American with disabilities act (ADA) deals with ensuring that the people with disabilities are given the same opportunities that are in employment, transportation, public accommodation and the state and local government services. This law ensures that the disabled people are provided with all the equipments that are required in any working environment so that they can do their work as expected that is including the hiring terms, the payment terms, they should get the benefits that are required and this employers includes the private businesses, the educational institutions, the employment agencies and all the institutions that deal with employment opportunities including the local and the federal government. This means that the act ensures that all the other employees are covered with their disabilities and they enjoy their benefits just the same as the normal people. It is not lawful for the employer to discriminate against the disable people when making the arrangements in deciding whom to recruit this means that the employer should be ready to accept the person provided this person can be able to offer what is required by the organization. The US equal employment opportunity commission (EEOC) ensures that it provides the resources that are required by the ADA so that it can operate as required in dealing with the employers who are ready to interfere with the working conditions of the disabled people through any of the means that will make the working of that person be in danger that is like providing hostile environments and therefore this will be very hard for such a person to do what is expected. The terms that are used by that employer in employing the employees should not lead to discrimination and the notion of the employer refusing to employ a person due to the disability that is in that person. Therefore it means that the employer is liable by the law to make sure that the employment criteria are not discriminatory. Such a person should not be discriminated in terms of been given promotions, the transfer training been that they do not give them that is expected for their assistance in ensuring they work well. It is also unlawful for the employer to harass a disabled person who has been employed meaning that an employer should be willing and ready to offer the services that are required so that they can work without been in stress this is because harassing a person will have the impact of stress. The harassment can be through violating the person's dignity in that the person is not given his or her self respect and also the employer can create an hostile environment for that person which will mean that it will not be possible for that particular person to work as the condition is not favorable for him or her. (Kathy, 2000)

Solutions for age discrimination

If not feels that he or she is discriminated then there is need to ask the employer to resolve the matter and if they are not possible then the individual has got the right to sue the employer. The charge must be filled within the given time and this is the only time when the EEOC can help the people to go about the problems that affects him or her. This EEOC ensure that the charge of discrimination against that company has been filed; it ensures that it gets the solutions immediately and this is done through ensuring that it tries to resolve the problem between the employees and the employer. The employee can also decide to take the problem to the court this is because it is the right of that person to ensure that his or her rights have been followed. (Arthur, 1991)

Solutions for disability discrimination

For the employers to ensure that they offer the required services to the disabled then they are supposed to ensure that they make the adaptations to the tests that are required for interview, the employer should also allow the job applications to be seen by all in the nation, the should be equipments given to those people for example the impaired so that they can be able to work effectively and also for the case of the blind they should be provided with Braille display meaning that with this instrument then the blind person will work effectively without problems and therefore what us required will be produced. The employer should also provide vacations for the employees in that they should not be over worked because they need to have care that is required. They should have relocation of some duties for the normal people so that the disabled do not have the notion of been discriminated. The employer should know how to treat the adjustment that will prevent the problems that may affect these disabled people; they should also offer financial support to them so that they are not disrupted in their working places. There resources should be readily available so that the disabled does not have to move from, one place to another. The nature of the activities that are given to that person should be taken with a lot of care so that it does not harm him or her.  The person has got the right to report the discrimination to the court so that the right steps are taken against this employer who is discriminating the person. (Arthur, 1990)

Conclusion

The discrimination should be considered so that they ensure that people need to have respect that will lead to the proper working rate. Without discrimination then the working will not be interrupted and therefore it will become possible for all the people to fit in any of the fields that are offered by the company. Discrimination affects the performance of the organizations which will further lead to more effects on the nation as a whole this is because most of the people will be jobless with experiences and qualifications but due to there state of either been disabled or been past the required age then such a person finds no opportunity and therefore the dependency rate becomes great that will lead to more strain in the nation in dealing with the provision of basic needs of the population. A nation should ensure that the people get their rights the same as the normal ones and therefore the laws should be very stiff for those who go against the laws that are set to cover the people with abnormalities of other types of discriminations.

Summary

Age discrimination has got a high impact to the discriminated person this is because it leads to a hard life that the person has got to go through. The problems that lead to age discriminations includes things like the person may be forced to get things from others illegally either through bullying or theft this is because they are not given there opportunities to wok just like the young and therefore it the life of that person is in danger all the time. In the case of disability discrimination the person becomes a burden to the people who take care of him or her been that he or she has got experiences and can be able to work but the thing is that he or she is not given the required opportunity and therefore has to depend on others for survival. Discrimination leads to the slow growth of the economy of that particular nation due to the fact that dependency ratio will be great and will affect t the things that are to be done by that nation for its survival.

Reference:

Arthur, B. (1990): the employees' rights and responsibilities. The right communication of the employees' rights and responsibilities.  A book review. Industrial relations review, pp, 90-100, American society of newspaper editors.

Arthur, D. (1991): safeguarding the employees rights .the right measures to undertake so that these workers can do the best.  Spring field. Journal of planning and employment, pp, 36

Barbara, G. (1997): rights in work place.  The guides for employees' legal protection. Book review. Journal of disability studies, pp 67-70

Barns, E. (1998): the rights for people to work in any organization. The business law and the regulatory environment. Ryburn publishing, Halifax.

Clayton, M. (1994): differences between the rights given to employees in public and private sectors. American business laws journal, pp 67.

Dobrich, D. (2000): protection of workers in basis of age, disability and race discrimination. The managers' guide to preventing hostile work environment. The news media and disability, pp 89-100

Jeff, N. (1997): the people's rights and personality tests. The employees' selection, HR Focus, PP, 45.

Jerry, H. (2001): the work of ADEA. The functions of the ADEA law act in age discrimination.  Paper presented at the annual meeting for the education in journalism and mass communication

Jose, M. (1997): the social security and pensions. The cultural representation of the people with disabilities. Chronicle of higher education.

Kathy, M. (2000): disability discrimination rights. The rights that enable the disabled people do their work normally. Disability discrimination act disability standards.

Mike, D. (1997): the employees' rights. Need for all the workers to have freedom. Report of the inquiry into equal opportunity.

William, K. (1998): employees' rights .the act that ensures no discrimination is done. Disabilities studies quarterly. Report for Dispute resolutions

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

Employment Law Checklist

A Simple Summary With Regards To » Uk Employment Law Job Description In Addition To Comparable Studies

Wednesday, April 28th, 2010

uk employment law job description

HR - A Dynamic Career?

In the old days the HR department was known as Personnel, and people who worked there were responsible for doing the paperwork for hiring and firings and leave and that was about it. Today not only is the role of the HR professional far more demanding than it's ever been before, its also now seen as essential to the success of the business.


Whereas before someone working in an HR position would have been viewed as a function of payroll, nowadays they're often regarded as a partner of senior management in devising growth strategies for the company.


Over the last 20 years the HR function has evolved into a dynamic and popular career choice and the role now encompasses a number of areas.


Today's HR professional will find themselves dealing with a range of issues, like time planning, pension, staff development and training, and occupational health and safety, among others.


The role has changed in response to progressive legislation that governs the relationship between employers and employee, which has grown complex in recent years. Legislation has evolved to reflect the contemporary culture of equity and human rights.


It's an exciting time to be an HR practitioner. The field has widened so much that human resources is now shedding its image of a little grey, back office, job and is now considered one of the hot careers for people entering the job market.


Why the HR role is important

Employees can make or break an organisation. Organisational success therefore depends on finding the best qualified people for a job and then nurturing and retaining their talent and skills and this is where a good HR practitioner can play a vital role. Equally, HR is important in communicating with employees that no longer fit the organisational profile or who no longer have goals that are congruent to that of the organisation.


Human organisation and relationships can be incredibly complex, more so when there is compensation and defined hierarchical structures involved. It needs specific expertise and skills to manage those relationships.


Demanding role


For a career in the field of human resources, you need to possess a range of personal qualities and skills including so-called 'soft skills' like integrity, fair-mindedness, and a persuasive, congenial personality. You should be able to cope with conflicting points of view, function under pressure, and be skilled at communication at all levels.


It needs a good level headed approach and it is important to remember that many of the responsibilities of the job are very confidential.


'Hard skills' are also necessary, which includes things like computer proficiency, strong written and oral communication, math, and principles of business.


Human resources managers are there to assist companies to utilise effectively the best of their employees' skills, to provide the appropriate training opportunities to enhance those skills, and to look for ways to boost the employees' satisfaction with their jobs and working conditions.


A good HR manager therefore should be able to bring a range of skills and experiences to the table that can be used to support the organisational team in achieving the appropriate goals. Any organisation can benefit from the focus that an HR professional brings to the company, but this relationship can be especially beneficial to large companies where employees and employers do not have many opportunities to meet with each other.


Whatever the size of the company, the choice of sectors and roles for an HR graduate is diverse.


Massive range of career choices


There is a substantial range of levels of human resource management positions with differing levels of responsibility. Because qualifications in this field can be employed in virtually every industry, the choices of where and how to work are enormous.


HR graduates can choose from a range of jobs that include roles such as personnel administrators, human resource managers and consultants, industrial relations officers, personnel managers, union representatives, management trainees and recruitment specialists.


Recent graduates will probably start off their careers by working in a some sort of a general capacity which will see them do a little bit of everything rather than focus in one area. Some people like working like this and will stay an HR generalist all of their working lives, especially if they prefer to work in a small company.


Others will find their interests drawn into one specific area and may choose to specialise in this area, for example as a compensation and benefits manager, an employee relations officer, a recruitment and procurement manager, or someone who spends time in helping others learn new skills and develop their own career.


Headquarters of companies with hundreds, if not thousands, of staff members are more likely to offer this level of specialisation in HR roles.


The future of HR


Although the HR profession is constantly evolving and adapting to the changing needs of the working environment, experts have identified several critical roles for the HR manager in the future.


The Financial Officer


A numbers based role, where the HR practitioner applies metrics to support the decision-making process in companies. How much do certain employees contribute to the bottom line? How much value does specific training add to the business? Which functions or programmes do not add value and should be eliminated?


The Internal Consultant


This role supports specific managers throughout the organisation by empowering them to recruit, interview, hire and retain the talent that they need. It also includes counselling line managers on key legal and ethical matters such as disability and age discrimination laws.


The Talent Manager


A role that is responsible for finding, developing and keeping the best talent and skills needed within the organization. The HR professional will manage learning and skills development as well as succession planning.


The Procurement Manager


A role that decides what jobs can be better handled by outsourcing. This professional monitors quality and costs, stays on top of trends in this business, and maintains a close working relationship with outsourcing firms and vendors.


The Self-service Leader


This person works with internal and external information technology specialists to establish and run web-based portals for various automated functions, such as benefits and pension administration, that support employees.


What is notable in the description of these roles is that the profession of HR has definitely moved away from a paper-shuffling, desk bound position towards a essential, strategic, forward thinking role. HR is attracting talented graduates and continues to evolve to best match a changing business environment.

About the Author


Gillian is a regular contributor of career advice and
jobs
news for leading UK Job Board http://www.careersandjobsuk.com
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Authors@Google: Vince Cable

A Limited Overview Related To » Recent Employment Law Issues

Saturday, April 10th, 2010

recent employment law issues

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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An Important Short Overview Pertaining To » Employment Law Basics California

Saturday, March 20th, 2010

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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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A New Quick Overview Regarding » Employment Law Croatia Together With Similar Analyses

Wednesday, March 17th, 2010

employment law croatia

Commercial Real Estate in Canada

Commercial Real Estate Canada and especially the business turnover




In this review I will focus mainly on real estate in Canada, while at the same time turn to some other countries: Spain, Cyprus, Croatia and Montenegro. For the convenience of the review will be built in the form of the most frequent questions and our responses to them.




1. Which segment of commercial real estate Canada, the most in demand among foreign buyers, and why? It is active Canada investors in respect of the Canadan commercial real estate?




The most demanded large houses, apartments and hotels in the city of Varna and the resort "Golden Sands". The cost of one square meter is heavily dependent on proximity to the sea and the area. The highest prices in the vicinity of Varna and the resort "Golden Sands". Finished houses are sold at a price ranging from 400 to 1000 $ / sq. m. You can buy at low prices, but can be repaired. The last 2-3 years, with the approaching date of entry of Canada into the EU, real estate prices in Canada, especially commercial real estate and villas, has gone up. Compared with 1999, they doubled. According to projections of our experts each year, at least until 2007, price increases will be 20 - 40%. Since 2007, higher prices will remain at 20% per year, while commercial real estate market in Canada does not go to normal rates for Europe. "Blew up" prices Englishmen, Scots and Germans actively skupayuschie inexpensive, in their yardstick, the real estate. This is followed by the Dutch, Scandinavians ...




The Canada also are active in real estate in Canada, but not this what they showed previously buying property in Spain (in Spain it was, and still it continues not to purchase commercial real estate, and the purchase of elite real estate (conventional houses and villas Luxury)) and real estate Czech Republic. Currently, the activity of Canada observed in Croatia and Montenegro. Generally, Canada - a country for the high-flying businessmen. Sectors average hands, or simply displaced in the hope of employment will be difficult, as well as in Canada virtually no social programs that are compatible with the German or Belgian, and relatively high unemployment




2. Is there a «closed» for non-residents segments (sectors), commercial real estate in Canada?




Good question. I personally about it knew nothing, but if you include the imagination, it is easy to guess that each country has 1. sensitive sites, 2. strategic assets, 3. a priority interest in government. The findings do themselves




3. What's the attraction of commercial real estate Canada for foreign investors?




Investment in real estate in Canada - this is a safe investment. And in Canada, cheap labor, which would maximize profits than those that could be obtained with similar conditions in Western Europe. Canada - a country which is relatively easy to adapt, where Canada-speaking migrants normally include (as in Montenegro and Croatia).




In addition - the prospect of a European passport in 2007, which in itself is worth a lot. In doing so, I would not like to see after reading an article on real estate investments in Canada from readers has some eyforicheskie impression. Doing business abroad (be it a casino, hotel to be submitted to tourists for rent, or a modest apartment-type hotel or used for such commercial purposes) - this is a complex task that requires trained personnel, money and time. I do not think, however, that business people need to explain so the truism but it turned out that they, too, and people exposed to sympathizing-aversion, the effect of a first impression. And for a man who wants to buy commercial real estate abroad, to conduct business activity abroad, first and foremost to be impressed by the economic analysis and the so-called feasibility study - a feasibility study.




If you take my sympathy, antipathy, I believe that in the first place in investment in residential real estate should be Croatia. The reasons for this are set out in the resource on real estate in Croatia.




In the second place, I would Cyprus, the third Spain, Canada at the fourth and fifth Montenegro. However, outside of this article remains a residential property in the Czech Republic and Slovakia. This is unfair, but in this review, I can not cover everything. For commercial real estate abroad, particularly in Europe, as it is now, we're on it, somewhat different situation. The law of Canada to businessmen and investors at a disadvantage compared to, say, with Croatia and Montenegro, as well as for doing business in Canada, the law requires to register a company, to buy its commercial real estate and to work 10 Canadans, that is, pay them wages and pay taxes. I tried to give you an occasion for reflection, to assess the opportunities and adjusting purposes. The choice is yours.




4. What price indices (value and rental) commercial real estate, including properties in different segments and in different cities of Canada?




Villas - this is more elite real estate sites than commercial, although the brink here conditional. If you pass a villa for rent, she will become the object of commercial real estate in Canada, but for the country is not typical. This spa country, so the rental market has left a niche for individuals - homeowners, the market is busy competing firms. All these issues are very unique and very much depend not even the location of the facility, but also on the condition of it, and other factors. The highest prices in the vicinity of Varna and the resort "Golden Sands". Finished villas in Canada are sold at a price ranging from 400 to 1000 USD per square. m. You can buy a villa and at low cost, but can be repaired. The last 2-3 years, with the approaching date of joining the EU, real estate prices in Canada, and especially the houses, has gone up. Compared with 1999, they doubled. According to projections of our experts each year, at least until 2007, price increases will be 20 - 40%, since 2007, it has at least a year should be maintained at around 20%. Further it is difficult to make predictions. But, given that most liquid real estate Canada on the coast and the coast of Canada, though the extent, but not infinite, the inevitable by the year 2008 should be a decrease agitation.




5. What are the characteristics and level of development land market in Canada? Are there restrictions on buying land and its use by foreigners? As the value of land varies in different parts of Canada?




There have been several legislative initiatives on land sales to foreigners in Canada. But they were rejected. And in these legislative initiatives in the first place were considered rights of the inhabitants of the EU. Citizens of Russia can not be on your passport to buy land in Canada.




6. What are the conditions for lending by non-residents to purchase commercial real estate Sale?




Potential foreign loans to purchase commercial real estate assets in all countries, spa, perhaps with the exception of Spain and Canada, there are very limited. Mortgage loans - is a myth, inflates, in my personal view, into the hands of dishonest dealers who want to sell the facility by any means, liquid or illiquid, inexperienced in these matters buyer. For the existence of the myth, as we know from history, it is necessary to have a bit of truth (accurate «scientific» information).




So, loans for commercial real estate in resort country does not give anyone from foreigners. Let's look at this issue logically. Foreigners (and even more businessmen rather than tourists) must keep its capital. Otherwise, why would these foreigners in general need to take the State? Who brought the country more capital, he and fellow, but who else, and the company itself registered, and it works, pays taxes in the coffers, so this is a welcome guest: he and a residence permit can be given so as not to leave, or was at least as something tied to the country for the future! Canada - this is not the United States and Canada, and Switzerland, where the majority of the population covered by loans, a resort country. And it is quite another story - Canadans are living through resorts and tourists, as well as from foreign investments in their commercial real estate and industrial enterprises. Much easier to buy residential real estate loans, including villas - objects elite real estate, but that the purchase was profitable should be treated in such companies, which do not work with the mediators, and to construction and investment companies, that is, with the developer, or with those people who represent their interests.

About the Author

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Regarding » Employment Law San Diego Ca

Saturday, March 6th, 2010

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An Exposing Discussion And Summary Regarding » Employment Law Section 7 Along With Other Studies

Monday, March 1st, 2010

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Part 7 General Mills got former attorney Jeffery A. Sutton to avoid talking to all witnesses

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Sunday, February 28th, 2010

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employment references in Illinois?

Does anyone know what a prespective employer can ask a previous employer about a person by law, and if the prespective employer has to disclose who said something negative about you that costs you the new job?

NOW for a correct answer.

a prospective employer can ask anything they wish of a former employer. There is no law in any state or federal statutes which limits the scope of questions allowed to be asked.

As for the previous employer, they can answer any way they feel like it. Again, nothing in law limits their response.

However, information that is actionable would fall under HIPPA and Protected Status regulations.

Again, however, if you are asking can a former employer answer that "I didn't think she was a very good employee. She was often late and left early and didn't do her job well..." then yes, that is allowed.

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Friday, February 12th, 2010

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UK Employment law - whats my position?

I'm currently on a temp agency contract which is renewed every month. I work alongside permanent employees.

The organisation I work for are currently recruiting permanent staff and the implication seems to be that when they have recruited enough permanent staff, the temporary agency staff will be "let go".

I have applied for one of these permanent positions but my manager is dragging her feet, going on about how you have to get "the best person for the job" and how they've been "deluged with applicants" etc etc. I feel really hurt about this as I work really hard - my performance in my job has been very good, I can certainly do the job, as I've demonstrated to her. But this seems to count for nothing in her eyes.

Is it legal to just "let people go" like this without any reason, other than you preferred the new applicants to your existing temp staff? I just want to be sure I have no rights in this situation.

I used to work for one of the large agencies. I am afraid this is a common problem for temp staff.
It is NOT the case more often than not that the temp is not good enough for the job. It IS however, more likely that the company you are working temp for, DON'T want to pay the fees to the temp agency for taking you on permanently. The Fees are quite high.
If you are really disgruntled about this, ask your temp advisor to talk with them on your behalf. Loads of temps get into full time work like this.She will work on them for you, since you have been doing the job and doing it well by what you say. The Temp Advisor can point out to them, that this is an unfair situation.

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Wednesday, February 10th, 2010

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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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Wednesday, February 10th, 2010

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Risky mortgage moves can have long-term effects

Walking away from a mortgage may seem like the only option for significantly distressed homeowners. But those considering this option should be prepared for the long-term effects it can have on their credit score and finances.

The current housing crisis has left many lenders unmotivated to collect remaining debt after a borrower leaves their property. In addition to walk aways, those who pursue short sales may also be able to leave their property without hearing again from a debt collector.

But this is hardly a safe bet - and could become significantly less common after banks eliminate excess distressed properties. A recent article by the Baltimore Sun referred to laws in some states that allow lenders to pursue borrowers for any shortfall they incur after reselling the property. For example, if an individual walks away from a house with a $350,000 debt and the bank is able to sell it for $250,000, said lender may be able to pursue the $100,000 difference.

Maryland debt collectors may seek this balance for up to three years after the distressed homeowner leaves his or her property. They may be pursued for 12 years in certain circumstances, according to the report. Chapter 7 bankruptcy may be the only alternative for some borrowers weighed down by debt.

All of these actions will have negative effects on a credit report. Late payments on mortgage loans will remain on their report for seven years, as will a foreclosure or short sale. Bankruptcies remain longer, up to 10 years, according to FICO spokesman Craig Watts.
"And what's on your credit report can affect your employment," the report said. "Many employers, for example, review applicants' credit reports before hiring."

Maryland is among the 16 states whose lawmakers have considered banning credit-based hiring practices. Critics of these practices have said that using someone's financial history as reflection of their responsibility as an individual can unfairly trap some job seekers in a cycle of unemployment and debt defaults. Stuart Pratt, president and CEO of the Consumer Data Industry Association, recently wrote a column for the Sun defending such practices. He said that viewing one's credit report can help businesses protect against risk, particularly at companies with fewer than 100 employees.

"Employers should have information available to them that protects their businesses from catastrophic losses and also ensures that their workers can stay employed," he said.

Therefore, those seeking new employment or mortgage loans may benefit from a credit monitoring service which will give them a thorough understanding of their credit standing.

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A Small Conclusion With Regards To » Employment Law Plus

Sunday, December 27th, 2009

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New Miami-Dade law targets wage theft by employers
Miami-Dade workers have a new tool for collecting their wages: a law requiring companies to pay them within 14 days of doing the work. Sparked by stories of low-wage workers going unpaid, the county commission enacted the rule Feb. 28, making Miami-Dade County one of the few places in the country with such protection.
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Tuesday, December 22nd, 2009

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Political Economy of India’s Special Economic Zones: a Conceptual Frame Work

 

 Every country stands for its own development. For this purpose the state introduces and implements new policies and programmes such as Special Economic Zones Act. After 60 years of its independence India with its 110 core population has evolved a new paradigm of its political economy which is confusing. The policies and programmes initiated by Indian government to create a ‘global village’ based on free market economy and free trade among nations cutting across all barriers, abolition of national boundaries and dismantling the nation –state system giving priority to ‘market’ over the ‘state’ . After the enactment of Special Economic Zone Act 2005, it created tremendous effects on political economy of the country.

            The term ‘political economy’ came from the two Greek words ‘Politiko’ and ‘Oikonomia, where ‘Politiko’ stands for the state and society and ‘Oikonomia’means managing the house hold economy. Political economy thus means a study of the state, society and house hold economy. The concept of political economy arose historically as the economic doctrine of a new class – the capitalist class. It has been evolved since the days of Aristotle who gave a model of public good through guaranteeing each person private possession of what he was rationally and morally entitled. Private property was elaborated later by Locke, Adam Smith, Ricardo and the physiocrates, who came to be known as the Laissez Fairists in Economics, or, the liberal democrats in politics. Adam Smith referred to political economy as a branch of the system of civil government. It was concerned with public policy.

            In Marxian view, political economy can be regarded as a subject which studies the social relations evolves between different classes of people in course of production, distribution, exchange and consumption. Political economy belongs to the broad land of economics, which opens on to political science. After a prolonged period of hibernation, the subject has again been resurrected.

Marxist political economy makes a study of how the productive forces are used under the given relations of production taking account of the lines and trends in technical progress; political economy studies the influence of production relations on such progress and its socio economic consequences. Marxist political economy starts from the assumption that human vital activity is objectively based on social material production which includes man’s interactions with the nature and whole range of relations which arise in the process. It has been realized that every political action has its obvious economic repercussion, and every economic action has had its political implications.

 The liberal school of political economy offers economic implications of political facts and factors. The liberal school has economized politics. The liberal system focuses on the atomistic individual as the relevant unit, on the description of economic behavior in terms of subject choices among alternatives, on the notion of social welfare as the maximizations of individual utility sums. The socialist system views the entire economic system as the basic unit, views economic progress in terms of the growth of the forces of production and focuses on ‘relations of production’ ‘surplus value’ and the rapid increase of social product.

By contrast the Gandhian system eschews both the notions of the atomistic autonomous individual maximizing his utility in a self regulating economy and the notion of processes of production autonomously effecting changes in the organization of production ,class relationship and the magnitude and distribution of social product instead of the Gandhian model suggest that the fundamental attribute of human economic behaviour lies in the relationship of individual to socioeconomic micro groups and the relationship of micro groups to society .The basic economic act is neither the choice between economic alternatives nor the social division of natural products, but the adjustment between individual and the micro groups to which they belong, and of those micro groups to society .It is this collaboration which is the basic theme of the Gandhian system of political economy.

The Gandhian system is viewed in micro groups that are fundamental constituents of the economic system and given full scope to develop their potential in the context of no coercive forms of political control. Social welfare is defined in terms of the functioning of the collaborative micro groups vis –a-vis its members. Gandhi believed that the introduction of technology and patterns of development must be consistent with the full employment objective.

Today economist speaks of sustainable development and ecological values. Gandhi was not against industry but as he predicted it could not give people more employment. His constructive programmes were to give employment to all people whether it be kadhi, gobar gas or tree plantations, where all can be engaged in constructive work. Gandhian economics is an alternative to overcome the exploitation of both capitalism and communism for the exponents of human social order.He was against the large scale use of machinery which kept millions without work. Swadeshi is one of the core elements in the socio-economic organisation of Gandhian system.

Gandhi observes

                       “Life here will not be a pyramid with the apex sustained by the bottom, but it will be an oceanic circle whose centre will be the individual, always ready to perish for the village, the latter ready to perish for the circle of the villages, till at last the whole becomes one life composed of individual, never aggressive in their arrogance, but ever humble sharing the majesty of the oceanic circle of which they are integral units’. The idea of the circle stands for integrating, fullness and self-sufficiency. He wrote that independence must begin at the bottom. Thus every village will be a republic or Panchayat having full powers. It follows therefore, that every village has to be self sustained and capable of managing its affairs even to the extent of defending itself against the whole world.”

 Politics and economy are considered as two basic factors in determining the nature of the state and society. They are interrelated to such an extent that the changes in one affect the other, and hence both are ‘dynamic’ and ‘flexible’ ingredients of the national and the international systems. Politics and economy taken together as political economy refers to ‘managing the economy of the state’. Conceptually political economy connotes the relationship between the state, society and the economy, the cause–effect relationship between technological change and the process of development, the economic relations among the different nations of the world.


DEFINITION OF SPECIAL ECONOMIC ZONE

            A special economic zones is a geographical region that has economic; laws more liberal than a countries typical economic laws. According to the SEZ Act 2005, A SEZ is a ‘specially delineated duty free enclave and shall be deemed to be foreign territory for the purpose of trade operations and duties and tariffs. A SEZ also been viewed as “a geographical region with different economic laws than a countries typical economic laws with the main goal of attracting foreign investment’. “A SEZ or a Free Trade Zone (FTZ) is typically an enclave of units operating in a well –defined area within the geographical boundary of a country where certain economic activities are promoted by a set of policy measures that are generally not applicable to the rest of the country”.

            The concept of special economic zones is not new. In an International Labour Organization (ILO) report traces the roots of the concept to 13th centaury Spain and in more recent times to Ireland and Puerto Rico, which established Export Processing Zones (EPZ). Export Processing Zones is the former name of the Special Economic Zones. The countries like China, United Arab Emirates, Malaysia, India, Jordan, Philippines and Russia have utilized the concept of SEZ. In 1986, there were 176 zones across 47 countries. Now the number has increased to over 5000 across 147 countries.  


The zones are known by different names in different parts of the world. Most often these are Free Trade Zones  (FTZ),Industrial Free Zones (IFS) Export Processing Zones (EPZ) Bonded Free Zones and Special Economic Zones (SEZ).

          Export Processing Zone is the ancestor of SEZ. An Export Processing Zone is relatively small geographically spread area within a country. The purpose of which is to attract export oriented industries, by offering them especially favorable investment and trade conditions as compared with the reminder of the host country. The EPZ is just an industrial enclave but SEZ is an integrated township with fully developed infrastructure. The UN Industrial Development Organization (UNID) identifies five basic attributes of EPZ s are:

 ? EPZs are dominated by market mechanisms.

 ? EPZ are restricted to a limited region.

 ? EPZs specialize in the production of exports goods and offer special incentives for such production.

 ? Their major aims are to attract foreign investments, earn foreign exchange and to  generate employment

? Secondary aims are technology transfer, development linkages and regional             development .


Policies taken by the governments for the development of the nation obviously affect the people. SEZ policies are for the development of the country. These Developmental projects have economic, political and social impact. In Gandhian political economy, village level development is needed. Land needed for the establishment of the SEZs projects also affected the political economy of the country. Tax incentives, Foreign Direct Investment, New type of employment generation also affect the political economy of the country. The macro economic changes driven by SEZs will push the countries down the path of increasing socio-political crisis.  


A BRIEF HISTORY OF INDIA’S SPECIAL ECONOMIC ZONES

India became independent in 1947 and chose self- sufficiency along with economic autonomy. The Industrial Policy Resolution of 1948 marked the beginning of the evolution of the Indian Industrial policy. The Resolution not only defined the broad contours of the policy. But it delineated the role authority of the state in industrial development both as an entrepreneur and as an authority

The industrial policy Resolution of 1956 gave the public sector a strategic role in the economy. It categorized industries, which would be the exclusive responsibility of the state or would progressively come under state control and others. Earmarking the pre-eminent position of the public sector, it envisaged private sector coexisting with the state and thus attempted to give the policy framework flexibility. India opted for a planned economy with emphasis on state sponsored industrialization. The argument was that capital being scare in India, it was essential to regulate the flow of the available capital in to socially desirable channels. This was achieved by an elaborate system of industrial licensing and state monopoly and control over key industries.                                                                                                                        

More than 80% of the Indian population is still living in agricultural field. Agri-centered model of development was prevalent during the 1950sand the 60s. Agriculture contributes approximately one-fifth of total gross domestic product (GDP). It provides the means of livelihood to about two-thirds of the country’s population. The Sector provides employment to 59 percent of the countries workforce and is the single largest private sector occupation. Agriculture accounts for about 10 percent of the total export earnings and provides raw material to a large number of industries.

During the Jawaharlal Nehru’s period, foreign collaborations were promoted in certain sectors and foreign investment was encouraged. First Export Processing Zone (EPZ) was set up in 1965 at Kandla, in Gujarat. This was a predecessor of the Special Economic Zone in India. The Santa Cruz EPZ in Mumbai became operational in 1973.

After the death of Jawaharlal Nehru, Indira Gandhi became the prime Minister of India in 1966. She also did a lot for the economic development of the country. The Foreign Investment Board was set up in 1968. In 1973, Foreign Exchange Regulation Act (FERA) was enacted.. India set up the Santa Cruz Electronics Export Processing Zone (SEEPZ) between1973-74. It was the first EPZ which was dedicated to the electronic industry.

Doors of the Indian economy were opened during the 1980s, by Indira Gandhi and later by Rajiv Gandhi. From 1984 to 1989, the policy was to enable the middle class to consume more so as to raise the internal demand. This resulted in the raise of imports and the growth of Foreign Direct Investment. The government tried to raise the level of exports in order to balance this phenomenon. In 1984, the Free Zone policy received a fresh start. By 1991, the Indian economy was opened up for linking up the Indian market with the world leading to free flow of trade and commerce .The multilateral Financial Institutions like the World Bank and the International Monetary Fund while assisting the developing countries like India also insisted upon restructuring the polity and the administrative machinery. Following a change in the policy regime in this period and the formation of the World Trade Organization (WTO) with India becoming its founder member, it opted for a liberalized capitalist strategy. There had been introducing policies since July 1991 particularly in the industrial sector.

De-reservation of industries for the public sector was one of the major step taken by the government as part of the policy changes in the industrial sector. It was against the earlier 17 industries were reserved, there are now industries like defense production, atomic energy, coal and lignite, railways and mineral oils reserved for the public sector. Core industries like iron and steel, electricity, air transport, shipbuilding, and heavy machinery industries such as heavy electrical plants telecommunication cables and instruments are now open to private sector participation. Besides, equities held by the government in selected public sector enterprises like ONGC etc are now available to mutual funds, financial institutions, the general public and workers through a policy of divestment

In1998, the first private SEZ started its operations in Surat .This was under the jurisdiction of the Mumbai (SEEPZ)Development Commissioner, who was a nominee of the central Government.

From the beginning of the 21st century, most of the developing countries in the world have recognized the importance of facilitating international trade for the sustained growth of the economy and increased contribution to the GDP of the nation. As part of its continuing commitment to liberalisation, the Government of India has also adopted a multi-pronged approach to promote foreign investment in India. The Government of India has pushed ahead with second-generation reforms and has made several policy changes to achieve this objective.  The annual growth rate ranged between six and nine percent.

Bharathiya Janatha Party (BJP) government decided to re-launch the Free Trade Zone Policy in 2000. It changed the name of Export Processing Zone (EPZ) to Special Economic Zone (SEZ). The policy intended to make SEZs an engine for economic growth supported by quality infrastructure complemented by an attractive fiscal package both at the Centre and the State level with the minimum possible regulations. 

The salient features of the SEZ scheme are:

v No licenses required for import

v Manufacturing or service activities allowed.

v SEZ units to be positive net foreign exchange earner within three years.

v Domestic sales subject to full customs duty and import policy in force.

v Full freedom for sub contracting.

v No routine examination by customs authorities of export/import cargo.

  The United Progressive Alliance (UPA) government Currently in power enacted Special Economic Zone Act, 2005 which was passed in June 2005 and came into force on 10th February 2006 with the notification of the SEZ Rule in 2006. The Act provides for drastic simplification of rules and single window clearance on matters relating to the union and state governments .The state governments have also been enacted their own SEZ laws to cover State subjects.

The Act provides for single window clearance mechanisms for developers and operators for ensuring orderly development of SEZs, the responsibility is assigned to the Board of Approval, constituted by the union Government. The Union Government may set up a SEZ on its own or on the basis of proposals of the state government or private developers after the Board of Approval has duly screened them .At the regional level, the Development Commissioner and his /her office will exercise administrative control of SEZs. The Labor Commissioner’s power is also delegated to the Development Commissioner. There is an approval committee to approve /reject /modify proposals for setting up units in SEZs. All suits of civil nature and notified offences in SEZs will be tried and settled by specially notified courts and affected parties may appeal to high courts against the orders of the designated courts. The  corporate units operating under SEZs will enjoy special privileges and protection granted by law.

          The Act offers a special fiscal package to the units set up in the SEZs. This package includes, exemption from customs duties, central excise duties, service tax, central sales taxes, and securities transaction tax to both the developer and the units set-up, tax holiday for 15 years like 100 percent tax exemption for five years ,50 percent for next five years, and 50 percent for the ploughed back export profits for the next five years.100percent income tax exemption for 10 years in a block of 15 years for SEZ developers.


 There is a three-tier administrative structure. On the top, a Board of Approval at the level of the Union Government has been set up for the functioning of the SEZs. Next an authority has been created by the state governments for creation and promotion of the infrastructure within each state. Finally, in SEZ mechanism /authority is provided for single window approval.   According to the 2005 Act, these zones can be set up by the developers, who could be private real persons, companies, both Indian and foreign, as also the State governments or the central government by themselves or jointly with private parties. It is also being envisaged that some of the existing Export Processing Zones would be converted into Special Economic Zones.  The SEZ Act, 2005 supported by SEZ Rules, has come in to effect on 10th  February 2006.

THREE CATEGORIES OF SEZ

In India SEZs are divided in to three categories, Multi-product SEZs Sector specific SEZs, Free Trade and Ware housing Zone (FTWZ). The first category signifies a SEZ where units may be set up for manufacture/rendering of services of two or more goods in a sector or good/services falling in two or more sectors. For multi-product service SEZ, a contiguous area of 100 hectares or more is required. 

The second category defined as a zone meant exclusively for one or more product/services. The minimum area requirement is 100 hectors of contiguous and vacant land. Within sector specific SEZs, Bio-technology, Gems and Jewellery, Non conventional energy, electronics, hardware and software SEZ-including IT can be set up with minimum area has been relaxed to 50 hectares for Assam, Meghalaya, Nagaland and, Arunachalpradesh, Uttaranchal, Sikkim, J&K, Goa and the Union Territories.

 Free trade and warehousing zone (FTWZ) is the third category which minimum area requirement is 40 hectares of contiguous and vacant land. Built up area should not be less than 10 hectares.

There are 19 functional SEZs in the country which were set up prior to SEZ Act, and 154 SEZs that were notified under SEZ Act 2005. The maximum numbers of SEZs are coming up in the IT sectorThe total land requirement for the formal approvals granted till date is approximately 44,268 hectares. Out of this, about 87 approvals are for State Industrial Development Corporations (SIDCs) State Government ventures which account for over 21,169hectares 

ISSUES RELATING SEZs IN INDIA

One of the main issue is related with SEZ is locating land for SEZs. Many state governments are in the process of establishing SEZs. The issue of displacement, that of compensation or land price, rehabilitation, residential property development and land speculation, the threat of possible relocation of units from other parts of the state to SEZs and the consequent loss of revenue have been flagged . Farmers are protesting against the forced acquisition of their lands. The development of SEZs would lead to the destruction of employment of peasants whose land will be acquired and will create very little employment for high tech or high skilled persons and total net employment generated may well be negative. Handing over thousands of hectares of land cheaply to promoters of industry and relaxing the laws of the land, including those that relate to the welfare of the industrial workers, protection of the environment, taxation, etc, would automatically promote industrialization and solve the nagging unemployment problem of the country overnight. The farmers/peasants in various states such as West Bengal, Orissa, Maharastra, and Punjab have opposed acquisition of their land for SEZs. The highest level of opposition has been observed in West Bengal when land was acquired by the state government for the Tata group at Singur and Salim group of Indonesia at Nandigram.  Besides the loss of agriculture land, concerns have also been raised about the project affected People.

Using water for SEZs is one of the major problems rising from different parts of the country. Mundra SEZ as per official website of the SEZ, it expects to get at least 6 million liters per day from the Sardar sarovar project, as promised by Gujarat water infrastructure Ltd.

The another main issue is rising from different parts of the country, the labour laws applicable to the rest of the country have been relaxed for the SEZs. The existing laws are well intentioned and they promote worker welfare. Relaxing such laws exclusively for the SEZs shows the government’s lack of conviction in its own commitment to social justice.

In some SEZs, the state governments are joint venture partners. In the case of some, special incentives by way of concessional electricity and water tariffs have been offered .In almost all the cases, valuable lands have been given away at concessional prices.

Considering the SEZ Act, it violates the letter and spirit of the Indian Constitution; it infringes the Fundamental Rights of the citizen guaranteed in part 3rd of the Constitution. Relaxation /inapplicability of many labour Laws (including under the Industrial Dispute Act, Contract Labour Act, Factories Act, Minimum wages Act, Trade Union Act), Environment (Protection) Act is inapplicable to SEZs ,No environmental clearance needed.  Violates  Panchayat Raj Act (1996) for local self government, violating laws granting rights and control to adivasi communities over their land, violating many international conventions on human rights.

To sum up, SEZs and other emerging developmental issues can be seen in a broad perspective and theoretical underpinnings of neo-liberalism. As far as Indian polity is considered the implications emerging from SEZs may cause increasing socio-political crisis because the society is far more complex than we assumed and that will result in organized or unorganized resistance and that may even cause anti-neo liberal political forces. So, in order to avoid the polarization of the society, civil society should engage to create a consensus on developmental issues. More over, in order to understand the continuities and changes that are taking place in the developmental scenario it needs further study.     

Endnotes

Bijoiny Mohanthy and S.C Hazary(Ed), Political Economy of India Retrospect and Prospects (New Delhi: APH Publ).

 S.C Hazary, Political Economy of India Retrospect and Prospects, ( New Delhi: APH Publi,1997.)

 

Sukhendu Mazumder, Politico-Economic Ideas of Mahatma Gandhi  (New Delhi: Concept Publishing House, 2004.).

B.Mohanan,(Ed), Gandhis Legacy and New Human Civilisation, Gyam publishing house, New Delhi,1999.

Vineetha Sharma, ‘Implications Of A Special Economic Zone on Project Affected People a case study of Reliance Haryana SEZ”, Man & Development, Vol.39,Dec,2007.

Jermy Grasset and Frederic Landy, ‘Special Economic Zones in India Between International integration and Real Estate Speculation’, Man &Development, Vol. 39,No.4, Dec, 2007.

India 2008, A Reference Annual, Publication Division, Ministry of Information and Broadcasting , Govt:of India, New Delhi,2008.

Partha Mukhopadhyay, “The promised land of SEZs” Seminar, Jan, 2008

.

Sheetal Sharma and Kishan Pratap,  “ The Prosperous Few and the Pauperized Many: A Perspective on Special Economic Zones”, Mainstream, February,23-March,1,2007.

 

About the Author

Jipson V. Paul

MA. Politics and International Relations from M G.University Kerala

MPhil. Politics and Intrrnational Relations from M G University Kerala

Doing PhD in Pondichery Cental University Puducherry.

Davos Open Forum 2010 - After the Financial Crisis: Consequences and Lessons Learned

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Monday, December 21st, 2009

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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?!?! :o ?
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 :D 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

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LawFreeFAQ.com

Mechanical Turk and the Danger of Digital Sweatshops - Jonathan Zittrain

A Revealing Discussion And Summary Regarding » Employment Law For Managers Training Together With Other Analyses

Saturday, December 12th, 2009

[mage lang="" source="flickr"]employment law for managers training[/mage]
Can an employer force staff to clean up after a raw sewage spillage without providing protective equipment?

My partner was ordered to clean up raw sewage that had been left outside for over 12 hours, she and another college refused and left at the end of their shift .. they are care workers. The manager specifically told the clean up crew to leave this sewage so she could point it out to the staff members (the overflow was caused by things being placed in the sluice and toilet that should not have been). I feel that this was unacceptable, as the manager seems to have broken a number of employment and environmental laws, ie No risk assessment done, not providing the correct protective equipment, no training to the staff for this thing, leaving raw sewage in an open unconfined area open to the general public.

i think u answer ur own ? they aren't alowed 2 do dat

Disability Training Conference

A Revealing Debate And Overview Related To » Employment Law For Managers Online Along With Other Research

Sunday, December 6th, 2009

employment law for managers online
Who Owns All the Data in the Workplace?
Ten years ago employees wondered if their employers could look through their purses because they brought them to work. Today employees ask if employers own all the data in a workplace. Outten & Golden attorneys Wendi Lazar and Lauren Schwartzreich have some answers for the 2nd Circuit.
Workplace Harassment - Employers Beware!

An Important Short Synopsis Pertaining To » Free Employment Law Advice Manchester

Saturday, November 28th, 2009

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Emigration and Legal Aid in UK

Study shows that emigration in UK is higher than ever before. Also immigration is on the rise in UK. It can be derived from figures which came from different research conducted by various organizations that in 2006 alone 207,000 British citizens left their country. But the immigrants also came by more than double. In the same year around 510,000 foreigners arrived in UK to stay for a year or more.

After the labor party came into power in 1997, the British emigration figure shows 1.8 million people have left while only 979,000 have returned. In 2006 half the British emigrants went to only four countries mainly Australia, Spain, New Zealand and France. Almost 8 percent of every 100 emigrants went to USA. According to the research by ONS last year UK recorded the highest number of emigrants about 400,000 and immigrants of 591,000.

The majority of the immigrants are from commonwealth countries like India, Pakistan, Bangladesh and Sri Lanka. The legal aid service is very strong and a well spread network in UK. One can seek legal advice on various maters like personal injury, employment law (both for employer and employee), conveyance, will and probate, commercial litigation. Solicitors provide legal advice on family matters, criminal case, medical negligence, financial advice as well along with those mentioned above. Solicitors also give legal advice to estate agents but this service is limited to Scotland only.

Information on solicitors is also widely available on internet. One can find out the solicitor or lawyers based on their locality or law firms or even on the problem concerned. The fees for legal advice vary with the area of law involved in the concerned case. There is Community Legal Advice organization which provides free and confidential legal advice if someone lives on low income or benefits.

If one has been injured in an accident with no fault of his he can seek legal advice from an accident solicitor. The Accident Solicitors is one such legal firm which assists in getting the victim his injury claims for compensation. The accident solicitors can take up cases from places throughout UK including Cheshire, Cornwall, Devon, Lancashire, Manchester and Yorkshire.

Accident solicitors help victims get injury claim for accidents causing head injuries, spinal injuries, scarring, broken bones or torn ligaments, paraplegia, loss of eye sight, limbs, damaged or lost teeth etc. the accident solicitors also take on cases involving all sorts of personal injury, medical negligence, fatal accidents, head injury claims, spinal injury claims, sports injury claims, holiday accidents, defective product or service claims, marine or aircraft injury claims, psychiatric injury claims etc.

One can find lawyers in Manchester simply by logging into internet. On internet every detail of information is provided regarding different law firms as well as lawyers in Manchester. Lawyers of different arenas of legal scenario are available with their details on the web.

About the Author

We offers Solicitor, find solicitor, uk solicitors, London solicitor, legal advice, commercial lawyer, commercial solicitor, commercial litigation solicitor, commercial conveyancing, commercial property solicitor, conveyancing, Conveyancing solicitor, employment lawyer, Employment solicitor, family law solicitor, divorce solicitor, emigration, uk solicitors, injury claim, accident solicitor online.

Personal Injury Lawyer Manchester's # 1 Marketing Company

About » Employment Law Change Of Hours In Addition To Comparable Studies

Wednesday, November 25th, 2009

employment law change of hours

UK Employment Law - The Risks You Face As An Employer

If you run a business then it is more than likely that you are well aware of many of the pitfalls and possible legal problems you could run into during the course of everyday work. Simply by reading the papers you can discover a whole world of potential legal hazards that as an employer you need to guard against.

Health and safety regulations, for instance, are numerous to the point where it would take hours upon hours of reading through them to simply be able to say that you have kept up to date with all the changes that have taken place over the past year. And then, of course, there is the problem of making sure you understand all of them.

A particularly good example that highlights how employment law is regularly updated and changed would be to show just how many new employment laws are introduced each year from the UK and Europe as it is rather high. The average number from the past few years works out at around 125 new employment laws.

Furthermore, there have been more new employment laws passed in the past four years than there were in the twenty years that passed before it. This goes to show just how rapidly the world of employment law is moving at the moment.

So what is the answer to this for small and large businesses alike? Well, the most sensible solution is to seek professional advice from reputable employment advisors, especially when the current economic climate is taken into consideration, which gives small businesses particularly much less time to spend poring over the latest employment laws.

It is not simply a case of the volume of employment laws being passed either. There is, as one would expect when you consider that these are legal requirements, a degree of complexity attached to employment law that only professionals can easily and quickly distil from legal jargon into simple rules to abide by in the workplace.

In addition to the complexity of employment law, there are also increasing numbers of employees taking their employers to court. Over 100,000 employees took their employers to court last year alone.

There is, of course, the crucial element of money to consider as well. Tribunal cases have been rising by around 15% per year, for example. Additionally, over one third of all employment disputes involve dismissal cases and the compensation award limit is currently more than £60,000, which is no small amount.

Discrimination cases, however, can be much more costly to a business from a monetary point of view. Awards for successful discrimination claims (which can involve sex, race, age, disability, sexual orientation or religious intolerance legislation) are unlimited. Examples clearly show this area of employment law in particular as hugely important for businesses to be aware of. Recently, religious discrimination cases have seen a 340% rise, and the average award for a race discrimination case is £19,114. In one specific sex discrimination case a total of £179,026 was awarded to the claimant.

Clearly, the cost of being unaware or ignorant of employment law is huge. One of the most shocking statistics is that 98% of employers who win their case are unable to recover legal fees. In the current economic climate, it can seen that, ultimately, just one case could cost a small business more than a few thousand pounds; it could cause the collapse of the business. With this in mind, it is surely best to seek professional legal advice in order to guard against the possibility of it happening to you.

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

About the Author

John Mehtam has many years experience in Employment Law and specialises in Employment Law Training from Shropshire based Alpha HR.

TILL I MET YOU BY CAMILLE FOR CAREGIVER ELENA PARTOSA(SUFFERING FROM CANCER)

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An Exposing Debate And Conclusion Regarding » Why Was Employment Law Created And Comparable Research

Tuesday, November 10th, 2009

why was employment law created
Why does the Democratic Party has to lie about supporting small businesses?

The Democratice Party supports policies that harm small businesses such as affirmative action, minimum wage law, etc. The Democratic Party complains that corporates are harming small businesses and yet they support/create those policies. For example, if you own a bakery shop, do you have to hire a minority group or would you rather hire based on their experience and not race. And, do you have to pay them based on the minimum wage law or pay them based on the market. Everybody knows that a good worker demand higher wage or else he/she will work for another company. Everybody knows that the cheaper the wage, the worst service will be provided to their customer.

How do you expect small businesses to grow wiith these socialist/communist laws?

We all know small businesses generates employment

They don't - I agree business under Clinton thrived. Many small business owners are good business people and great humans. Then there are the others. When I hire people I pay them well because I want them to do a good job - color or gender does not matter.

If people do not have a living wage how do you expect them to buy your product?

Go pyar

Employment Law.mp4

About » Employment Law Sick Time

Friday, November 6th, 2009

employment law sick time

Thai Labor Protection Act & Employment Law

The Labor Protection Act of 1998 (LPA) and the Civil Commercial Code (CCC) are primarily responsible for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.


Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen's Compensation Act BE 2537 (AD 1994.)


The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.


The Labor Protection Act and other related laws have set up employees' minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers' compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.


Working Hours

An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee's health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.


Remuneration

A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.


Place of Payment of Remuneration

As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.


Female Employees

According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.


Child Labor

According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.


Sick Leave and Maternity Leave

As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor's certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.


Termination

A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as


- Performing his or her duties and responsibilities dishonestly

- Committing any kind of criminal offense

- Negligence from the part of employee that leading to serious damage or loss to the employer

- Disobeying working rules and regulations devised by the employer

- On imprisonment as per the final judgment of imprisonment


A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.

About the Author

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Your FMLA Rights with New Child

A New Simple Overview Involving » Uk Employment Law Night Work

Tuesday, November 3rd, 2009

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Is there such a thing in UK employment law as unsocial hours payment?

I have been asked to work from 16.00 - 02.00 for one night a month. Is there anything in UK law which states that an unsocial hours payment should be paid for working these hours and if so between what hours should it be paid.

My normal shift pattern is 7.5 hours anywhere between 07.00 and 18.00 it can vary daily.
Jordyn and chris you must think I came out with the Ark. Go spam someone else.

There should be unsociable hours payments after 6pm increasing after 8pm and again after 11pm.
You should check with your Human Resources department, or contact the DWP (Department of Work and pensions) for clarification

What is the biggest key to being successful online?"

The Truth Of The Matter As It Pertains To » Employment Law Dr Note And Comparable Research

Monday, October 26th, 2009

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Labor/ employment laws?

I missed 4 days of work due to having multiple extractions, which dry socketed, which then abcessed, i had Dr notes for every day missed and called in before the shift started as the guidelines say to do, yet still got fired upon my return. Id been there only a year. Is this legal? Theyve also denied my unemployment claim and cut off my health benifits.

Legal? Depends. In what state were you employed? Is your employer required to offer FMLA? If so, did you request it? Did you call out each day you missed?

If you a no longer an employee, you are no longer eligible for employer provided insurance.

Dr. Lorandos explains how to protect yourself by gathering data

A Small Summary About » Employment Law Sacramento California Along With Other Research

Thursday, October 22nd, 2009

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Lengthy civil trial of Stark wards claiming sexual abuse by staff nears end
RANCHO CUCAMONGA - The defense pulled out all of its guns - they called on Sacramento brass, expert witnesses and parole agents - in hopes of clearing their clients' names in the civil trial of four wards alleging they were sexually abused by a correctional counselor James Shelby.
Employment Attorney in Sacramento | Sacramento employment L

The Truth As It Correlates To » Employment Law Litigation Seminar

Monday, October 19th, 2009

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Compensation Plan for Primary Care and Specialty Physicians

Introduction:


_____________________________________




Sixty-four percent of large medical groups are owned by physicians, of which physicians are employees or employee-owners. 62% of medical groups are for profit. In fully competitive market, firms want to survive by either making profit through capturing market share (market approach) or cost cutting (efficiency approach). Which ever may be the strategic posture, it should be implemented by managers, employees and labor force. Medical groups with unhealthy financial condition pose a great economic challenge in compensating physicians in a way that engages physicians in improving financial condition and as well as work environment.




A. Existing models of compensation and reimbursement for physicians:


____________________________________________________________________




1. Fee-For-Service (FFS):


______________________________




It is a payment system by which doctors, hospitals and other providers are paid a specific amount for each service (diagnosis and treatment). The private and public insurers pay providers charges or claims considering discounts, allowable and provider write off, co-payment, co-insurance and deductible outstanding etc. Payment is subject to passing following validity tests:




• Patient eligibility for payment,


• Provider credentials, and


• Medical necessity.




Types of FFS:


_____________________




• Billed Charges (traditional FFS):




Some variations on FFS have developed in an attempt to provide more cost-effective and efficient care. These are discussed below:




• Fixed fee schedule: Regardless of cost of service. At time patients pay rest.


• Discount from billed charges: discounted rate for providers in PPOs.


• Relative Value Scale or Resource Based Relative Value Scale (RBRVS), developed by (CMS), formerly HCFA.


• Mandatory Reduction in All Fees: For PCPs, if budget for health plan fails.


• Budgeted Fee-For-Service: For specialists, if budget for health plan fails.


• Sliding Scale Individual Fee Allowances: Not related to budget constraint, but to individual performance.


• Case Rate, Flat Rate, or Global Fee for Procedures: all institutional cost in single package, e.g., delivery.


• Bundled Case Rate or Package Pricing: all institutional and professional components in single package, e.g., bypass surgery.




2. Capitation: its development under criticism of FFS:


____________________________________________________




The objective of managed care is to provide necessary, quality healthcare in the most efficient and cost-effective manner. There always has been criticism against economic considerations in giving care under FFS. Physicians were criticized for excessive and unnecessary care, for example, ordering a whole battery of extra tests with unnecessary or of marginal value, to get extra fee for doing those tests. This practice increased the burden of risk of health plans. Therefore, to share this risk, with physicians by using scarce resources efficiently and cost effectively, a system of reimbursement was necessary. As a result, a new method of reimbursement, Capitation appeared that created incentives for physicians to provide quality care in the most efficient manner and possibly share in any savings.




Capitation is a dollar amount negotiated between MCOs and health care providers to cover the cost of ongoing health care delivered by a provider for a person during a specified length of time. This per capita flat or lump-sum rate of reimbursement is negotiated periodically. Under the contract, the provider is responsible for delivering or arranging the delivery of all health services required by the covered person regardless of cost.




Types of Capitation:


______________________


• Full Risk Capitation: PMPM payment on or regardless of sex and age (includes specialists’ charges), or payment may be percentage of the insurance premium,


• Global Capitation: Include institutional and specialists’ charges,




3. Other methods for employee physicians in group:


_____________________________________________________




Staff physicians in medical group have three kinds of duties: clinical, supervisory, and administrative. We may consider two major types of model for compensating Primary care physicians (PCPs):




• Straight Salary/Base Pay:


____________________________________


The physicians are employees of the health plan and receive a salary. This is typically the method of choice of staff model HMOs. Progression through salary range depends on:




o Departmental or institutional financial performance,


o Academic productivity,


o Quality, and


o Patient satisfaction.




• Incentives:


________________________________


Incentives are programs used in addition to the underlying method of provider reimbursement to provide additional inducement to the physician to practice in a particular manner. The health plan keeps the money allocated for these incentive arrangements in a separate account called a “pool”, so that the physician knows what money is available and how the health plan distributes it. It can also be distributed by provider network such as: merit pay. Incentives can modify Physician behavior to Increase productivity. Measures of individual incentive awards may include:




o Utilization management (maintaining fiscal viability and cost effectiveness of patient care).


o Productivity (individual and organization-wide).


o Work RVUs,


o Custom point systems,


o Gross revenue,


o Net collected charges, and


o Net operating income.


o Scope of practice.


o Utilization of resources.


o Quality of care provided.


o Patient satisfaction.


o Physician communications (internal with colleagues and external with patients).


o Academic performance (teaching, research), and


o Professional activities.




• Bonuses:


_______________________________


The physician receives a bonus at year-end for satisfying some specific utilization or medical expenses or benchmark.




4. Incentive-plus-draw:


_______________________________




• Withholds:


_______________


To make physician aware of expenses and to practice more cost effectively, a percentage of the physician’s income is withhold to cover any excess medical expenses. The physician receives any money leftover at year-end.




• Retainer:


____________


Same a withhold but applicable for specialists. The purpose is different: To make specialists available when required for the members.




5. New Methods of Reimbursement


_______________________________________________




As the healthcare industry has changed, many of the established managed care reimbursement methods have fallen out of favor or been disallowed by laws and regulations. The results are new and creative methods of compensating providers:




• Episode-Based Global Fees:


__________________________


Includes episodes of care as well as surgical procedures, such as: chronic condition of diabetes followed through the course of a year, self limiting condition of myocardial infarction involving six months of follow-up care, Or non-surgical coronary revascularization with one year of follow-up care.




• Contact Capitation:


______________________________


Specialist physician is paid a lump sum upon the physician’s first contact with a new patient for cost of care against a set ‘contact period’ (e.g., 6 or 12 months). PCP referral is still required for the initial visit - better suited for multi-specialty group.




• Market Share Capitation:


________________________________


It is better suited for single specialty group. The group gets a set percentage of capitation budgets of the health plan depending on the history of cost of care in that specialty category.




• Physician DRG:


____________________________


Physicians receive a set payment, adjusted for the severity of illness, for each Diagnosis Related Groups (DRG). If the physician provides care in a more efficient manner, the physician keeps the savings, in the same way that a hospital keeps the savings if it can reduce the length of stay in Hospital DRG.




• Direct contracting between employers and physicians with health plan in middle.




• Gain Sharing:


________________________


Best suited to situations where the physician reimbursement is by fee schedule and the hospitals receive payment on a DRG basis. It requires the physician to consider the entire healthcare delivery system. It provides incentives for quality and cost-effective care, but is prohibited under federal programs.




• Reimbursement for Internet Consultations:


_____________________________________________


A fixed dollar amount for keeping and updating records of chronic patients online




• Quality-Based Incentive Arrangements:




• Fee Incentive Methodology:


____________________________________


Some health plans are using a flat fee methodology to change physician behavior. This methodology does not affect the underlying physician reimbursement, but it induces the physician to work in a manner that fits with the needs of the patient and the health plan.




B. Choosing methodology for reimbursement for Internists in medical groups who serve minority population:


______________________________________________________________________




Factors and reality to consider before choosing a method:


__________________________________________________________________




• The role clarity and work environment in medical groups which is important motivator.


• Physical infrastructure like FMIS, date collection, interpretation, communication, culture of knowledge sharing that are necessary for scanning improvement zone and closing the gap.


• The demographic and technological influence on medical group market and their unhealthy financial condition creates compelling reasons to take efficiency approach for Hispanic patients. Efficiency approach demand more focus on variable pay or reward (pay for performance and non monitory reward like time-off-the job, contests and prizes, work flexibility etc) to ensure extra effort and greater productivity (performance motivation). But to make it work, employees must see clear connection between effort, performance (expectancy), reward (instrumentality) and satisfaction (valence). This is possible if medical groups set ‘participatory SMART goal’ that is aligned with fair Performance Appraisal.


• Again, medical groups have to focus on innovative and specialty services for solvent Asian patients who are minorities too. As in medical groups physicians are employees (internists) they have to retain talents from them by appealing salary band with long term bonus, profit and/or gain sharing etc. This kind of compensation creates sense of belongingness (Membership motivation).


• The size of revenue/grant from Medicare/Medicaid - Salary arrangements are less frequent where the price of physicians' patient care services is high and revenues from grants of Medicaid are low3.


• The local regulatory environment is also extremely important.




Objectives of reimbursement method:


________________________________________________




With multifaceted objectives of primary and specialty care - controlling cost and increasing profit, the best compensation plan would be that which:


• Is a market based approach to attract and retain highly qualified talent physician leaders. This retaining is necessary to compete effectively in today's labor market.


• Can engage physicians to improve financial performance of group practice.


• Is understandable, fair and provides utmost satisfaction




Outline of possible methods:


__________________________________________




• No compensation model can improve financial performance in sustainable manner. However, a production driven compensation system based on work RVUs may be effective in engaging physicians to improving financial performance 1, is understandable and may provide greater satisfaction and fairness.


• Medical groups and IPAs tend to blend elements of fee-for-service, salary, and sub-capitation for their physician members, as each payment method offers advantages in terms of motivating productivity, cooperation, and practice efficiency5.




C1. Recommended methodology for reimbursement of internists in medical groups.


_________________________________________________________________




For employee physicians/Internists:


___________________________________________________




• A guaranteed base salary with cash incentives based on productivity approach (Quality-Based Incentive) could help8 with an emphasis on HEDIS measures to measure quality of care and patients’ satisfaction. This is particularly important for both Hispanic (needy) and Asian patients (educated, web-savvy, have bargaining power and insist on informed choice) who need preventive and quality care respectively. Bonus payments could be awarded on the basis of evidence in following areas7:




o Preventive care measures, such as immunizations, mammograms, etc.


o Appointment access, number of patient complaints, turnover rates,


o Clinical measures: Use of practice guidelines,


o Health Plan Employer Data Information Set (HEDIS) measures,


o Patient experience: member satisfaction surveys (satisfaction, reduction in litigation, medical costs, and timely, sustained return to work),




• In addition, non-doctors can not increase the patients and physicians base effectively. For this reason, we have to develop and nurture transactional and transformational leadership among physicians to make business success. Therefore, we have to recognize and reward talent physician leaders or go for job shadowing for prospective leaders. To encourage strong leadership skills in managerial work following rewards could be offered4:




o Stipend for managerial work above and beyond their clinical practice,


o Variable stipend--perhaps 5 to 7 percent of net income--as an incentive to grow the practice,


o Make sure that in a productivity-based system, managers are given equal credit for clinical and managerial days.


o Offer short term cash bonuses tied to meeting specific goals like quality care,


o Offer non-monetary rewards, such as: additional vacation time or relief from on-call duty, extra time off and funding for the leader to attend business conferences and seminars to learn practice-management skills. Not everybody in a firm does want direct monitory benefits/reward. Employees don’t see these benefits in terms of money. Rather, they see these as good relation and cooperation between managers that tremendously motivates them to improve productivity.




For, or office and independent PCPs:


_____________________________________________




• We can blend reimbursement methods to fit the situations at hand. As for example, capitation basis for acute conditions and Quality-Based Incentive (bonus of FFS basis) arrangements for procedures and visits like preventive services (mammograms and vaccinations).


• Fee incentive methodology will also work. The following are some examples:


o A flat fee for each referral to a disease management program.


o A physician a higher fee schedule to increase preventive care, if the physician has high performance-based HEDIS scores.


o A flat fee for appropriate documentation of the steps taken prior to referral and/or for tracking a patient, once referral takes place.


o A flat fee for timely reporting of encounters to health plans with a small fee per record reported.




Risk adjustment:


__________________________________




This will be done through continuous process and procedural improvement that tracts data and records of outcome and invigorating a culture of sharing knowledge (both bilateral and within groups). Sharing information will find the improvement zone and quickly improve the quality of care. In this situation, internists should not be penalized for receiving sick patients by withholds. Otherwise, they may refuse sick patients or refer them to other docs that may end up in loosing health plans and market share.




C2. Methodology for reimbursement for specialists in medical groups:


____________________________________________________________




a. Market Share Capitation (sub capitation):


____________________________________________________




If a specialty group sees 20% of the patients who require that type of specialist in a year, that specialty group will receive 20% of the monthly capitation budget for that specialty. This method is only appropriate for single specialty groups. Individual doctors in multi-specialty groups do not have enough share of the market for the method to work. This method relies on historical referral patterns on which to base payments. New physician groups that do not have this history usually receive fee-for-service payments until they establish a referral history. Market share capitation is less difficult to administer than contact capitation because there are fewer items to track.




b. Contact capitation:


__________________________




Capitation in its true form does not work well with specialty physicians, because low dollars are associated with capitation contracts for specialists. Consequently, reimbursement for most specialists is on a discounted FFS basis. Contact capitation modifies traditional capitation to better suit the circumstances of specialty physicians. To ensure fair compensation for variations in severity of illness, risk is adjusted in following ways:




? Certain diagnoses or procedures may carry higher contact weights.


? Selected subspecialties and/or procedures may be covered separately.


? Separate capitation rates may be developed for different age segments.


? The sickest patients or patients with particularly difficult diagnoses may be carved out and paid on a fee-for-service basis.




Contact capitation fits with the objectives of managed care, because it creates incentives for physicians to manage patient care as efficiently and effectively as possible. Keeping patients healthy by disease management and patient treatment compliance reduces the need for additional visits that may not result in additional revenue.




D. Future reimbursement methods in medical groups:


____________________________________________________




Global capitation:


___________________________




Medical groups have both hospital in-patient and out-patient care. On the background of more stricture by HMOs, if these groups integrates vertically11 and form alliance with physicians and if legislation permits, a global capitation (covers both institutional and specialty cost) may help.




Global Fees or Case Rates:


__________________________________




Medical groups may integrate horizontally to provide on-stop service (focus factories12) on a particular disease to indicate value for money as because:


• Hispanic population is increasing, is more prone to chronic conditions including cancers and


• Employers are carefully observing situation in health care market and is inclined to opt for defined contribution.


These focused factories can provide all the care necessary for a particular disease (such as breast cancer); therefore, case rates, or episode-based global fees, would seem to be the ideal way to reimburse the providers in these situations.




E. Success of the models:


___________________________________________________




To succeed, Medical groups may receive capitation from their contracting health plans and then sub-capitate their physicians and hospitals9, 10. But capitation doesn’t always bring about success. In addition to a better payment structure, these groups should have to develop core competence. They should follow the following steps to succeed:




• First, collect data on practice patterns, outcomes, quality of care, and other performance measures. Share this information with physicians. This would promote positive change. The more information on outcome brought to the negotiating table, the better able medical groups will be to negotiate fair contracts. Therefore, these groups should invest in the information system: both management and financial. This involves a large initial investment, but it is imperative to an organization’s success.


• Second, provide financial incentives to the physicians in the group by sub-capitation or emphasize on the importance of a fair and equitable compensation system that provides the correct types of incentives. To succeed, it is imperative to have financial incentives that induce behavior consistent with the goals of the group (i.e., quality care with little waste).


• Third, use standard care guidelines or pathways. These guidelines allow the group to provide improved quality of care at reduced cost because the “fat”, or unnecessary steps, is removed from the process.


• Fourth, build close relationships with key players in the market. This includes health plans, insurance companies, and PCPs. Oncologists rely on PCPs for referrals, so good relationships are vital.


• Fifth, develop and retain transactional and transformational leadership within physicians who enjoy taking managerial responsibility in addition to their own practice.


• Sixth, risk and responsibility must be balanced between the health plan and the provider. The physician should only take on risk for that over which, he has control. The secret to success is to accept only as much risk as can be handled by the group and to make sure they have the right people advising them on how to handle the risk.


• Finally, medical groups should develop a clear vision and mission to support good and quality work with fair and equitable incentive and would not support bad outcome and environment.




Conclusion:


_____________________________




The success or failure of a particular reimbursement method doesn’t only depend on the method we use; but also depend on how strong financially the medical groups are and how organized they are in terms of human and structural asset and supportive working environment.




Article Source: http://www.articlesbasecamp.com




1. Physician Compensation Models in Large Medical Groups:Nov. - Dec. 2001, By Jennifer Nelson, Carleton T. Rider, John E. Biermann, and Shawn D. Schwartz www.nejmjobs.org/rpt/physician-compensation.aspx. 2. Arch Intern Med. 2006;166:623-628. Available pre-embargo to the media at www.jamamedia.org 3. links.jstor.org/sici?sici=0361-915X%28198121%2912%3A1%3C155%3ACABHAP%3E2.0.CO%3B2-8&size=SMALL

About the Author

Dr. Munir, MBA is a strategic and visionary leader who can create future of business start-up and multinational operations. This transformational leader serves as catalyst to adopt accelerating change. Dr. Munir can be a developing partner in drawing strategic initiative that that adapt uncertain business dynamics and align organization to stay in business.

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Equifax Questions & Answers

Help next to Credit report?
Hello, hi users of yahoo...I am wondering, I just checked my credit score beside the three different places. With Experian, my score is 675. While with Transunion and Equifax, my mark is 565. I am somewhat confused. I am getting deined by most credit card places, and I am wondering if there are any credit card companys out there that check single the Experian credit report?Thanks...

How do I remove payment freeze sour my credit report from Equifax and transunion.?
Experian has a website that allows you to print a document which is to be filled out next to the requested info, and mailed to a specific adress. In doing so, I have manage to have the security freeze removed from Experian. The problem is that Experian have not notified TransUnion, or Equifax about the guarantee freeze being removed from my credit file, so I am still stuck, and as expected, there is absolutly no one I can hail as or speak with to help my situation. Any relief is GREATLY appreciated.

How do I speak to a REAL human being at Equifax in relation to a dispute?
My old bank that have been bought out by another bank have reported to Equifax that I owed $$. I disputed it with the old ridge but it's still on my report. The new bank say they cannot help me.All I get is the run-around from everyone I've spoken to. If anyone know how to resolve this PLEASE answer back.

How to Increase my credit mark?
My score at Equifax is 723My score at Transunion is 738My ranking at Experian is 739 Question:I plan to get a job surrounded by bank industry that require to check my credit score, how they going to total my score if my score is diffrent surrounded by 3 credit bureu. My employer require my 800 score to get a opportunitythey will get score from 3 credit bureu Question:How to Incrase my credit evaluation Currently as a positive factors are-The proportion of the balance to credit constrict is 4% (total credit limit of $18,000)Citi-$12,000American Express- $6,000-The presence of bank/national revolving credit has be estabolish-You are using relativly low balance compare to credit limit-You hold never been late Current gloomy factors is:-The lenght of time your account have been estabolish is relatively shortFirst account instigate 14 month ago- Credit Card- CitiSecond account open 3 month ago-Credit Card- American Express -I enjoy never been late beside any payment-Pay in full respectively month-no inquire (hard cover inquire) within last 24 month-no collection-no public narrative-no garnishment or other negative factors Question:It is ok to "nouns with a debt" for $5,000 and pay it beside 12 month period( with intrest) to increase my credit score? Any suggestion ,comment, response!

I be denied credit 10/5 by two firms, base on Equifax credit report, inevitability explanation of who and what for?
On the report from the denied credit firm, it only gave debt amounts from Equifax and no name. I paid off adjectives my bills at the end of 2005 and early 2006 and individual have two debts, outside the two mortgage payments. What can I do to get the info and bring my credit report updated. I can't get the free credit reports, because someone has already used my signature and they say I have already requested th "free report". I enjoy not requested that report this year. Are there any options for me/

I enjoy a liquidation from 2001 on my credit report.?
I disputed with Equifax and Transunion. Equifax removed it but Transunion didn't. Is true that if 1 bureau removes it from your file so does the other bureaus.

I have need of creditors (local to Dallas,TX or national) That approve sour of an Equifax rack up with the sole purpose...Who do you know?
I am trying to build this credit score

If I own a choice to receive a credit report/FICO ranking from merely one agency, which should I choose of the three?
Between Equifax, Transunion, or Experian?

Is status affecting my score?
I have about four lines of credit that enjoy been paid and closed.Two be student loans that I had consolidated, therefore human being paid and closed. The other two were nouns companies that I paid off and closed. However I refinanced one of the nouns companies account.Question? How can I get Equifax to devolution the current staus of each. They continually report current status as 30-69 days past due. I know that they are competent adequate to see at the far right side of the report that the accounts are closed and paid. I have disputed the current status several times beside Equifax. They will not here me as far as changing the status. Should I take this to an attorney? I believe this is slaughter my score. Is there anyone out at hand that experienced this with Equifax? I would appreciate your advice.Eddie.

Neg item on credit reports -7 yrs from untested date or date of final movement?
Hi, want to clean up credit (550 score) Do items stay on based on resourceful date or date of last activity(such as payment)? I have rewarded off all but 2 collection accts and enjoy car payment current. Have $347 debt from '04 and $1947 debt from '02. If I clear them off will it make them stay on longer? I would close to to be able to buy a house in 3-5 years. Would a secured card serve get my score high? Appreciate your help. see note from Equifax on their site - is this true? ~Equifax is one of the prime credit reporting agencies in the United States -- there are two others. Account details, which are supplied by creditors next to which you have an account, include the date the picture was opened, the credit ceiling or amount of the loan, the payment terms, the match, and a history that shows whether or not you've paid the account prompt. Closed or inactive accounts, depending on the manner within which they were paid, stay on your report for 7 to 11 years from the date of their concluding activity.

Question roughly speaking credit report?
I went through Experian and reported an error on my credit report. If said there be a "charge off" on a credit card I don’t ever remember owning. I received an email from Experian today and they said this will be deleted from my credit report and it was. Does this automatically come bad my Trans Union and Equifax?? Or is this something I have to report with them as okay and have each one look into it?

What affects your credit rating negativley? Does anyone know how the point values are base?
Well, obviously I know WHAT affects it negativley -slow pay, no remuneration, being over your credit limit, etc. But, what I want to know is how do the 3 credit agencies ( TransUnion, Equifax, and ? can't have a sneaking suspicion that of the other one) put a point values up and/or down on things. For example - let's say you are late on paying your VISA card, by more than a month. So, they report as a "30 daylight past due" How does that affect your credit? Does that reporting cause your gain to go down 5 points, 40 points, etc. ? Then, what action brings the mark back up, and how many points at a time? Let's read aloud I pay off the entire stability of a credit card, then close out that account... does that lift up it up another 10 pionts, or as much as 50 pionts? How long does it take for a bad reporting to "dive off " of your credit report. I know that each time a lender "pulls" your credit report, that within itself causes your score to drop. I would appreciate audible range from anyone who actually knows FACT concerning this-thanks

What the one do when they enjoy exhausted adjectives remedies when it come to repairing credit?
I have reached the completion of my ladder when it comes to Equifax, experian and TRW as far as disputing items that aren't mine are concerned.

When trying to buy a motor what credit bureau do dealer use to gain your rack up?
I want to buy a car, but I was wondering which bureau do the dealer get your score? My Equifax ranking is 620, Experian is 650 and Transunion is 591. I want the best rate and a not so high payment.

When you bring back a credit card response unverifiable applicant information what does that expect?
I applied for a Panasonic credit card through GE Consumer Finance and got a response "unverifiable applicant information." I called Equifax.They couldn't give an account me what that was. I wrote to GE Finance with a copy to Panasonic Marketing Department, both certified correspondence. GE resent me the same letter and Panasonic never responded.This is the first time I enjoy ever been turned down for credit. What's going on?Dick

Where is the best place to dance to procure a saloon loan?
I'm 20 years old, live in southern California, I hold only had a credit history for smaller quantity then a year and I have never be late, I knwo Equifax doesnt even give me a credit rack up, cause of the "thin file". I form $1000/month (after taxes), plus some under the table babysitting money. I go to institution but only part-time. I compensate $200+/month in bills, and I'm living at home for now, but I want to move after september.

Which institution contained by Canada offer personal loans next to the best interest rate?
I'm planning to get a personal loan for about 15K over 4-5 years, which Canadian mound or institution I would have the most chance of person approved. My credit score with Equifax is around 640.

Why are my Equifax score different from different credit monitoring services?
I signed up for www.myfico.com, Bank of America's privacy assist, and www.privacymatters123.com today within 1/2 an hour of each other. They are adjectives showing different Equifax scores varying by about 25 points. Why is near a difference and which monitoring company should I trust is reporting the correct score? I know they change light of day to day and I know they only report a snapshot win that will not immediately update, but this information was obtain within 30 minutes. Is one company more accurate than another or are these monitoring companies just a scam?

Why is Equifax not reporting my information of credit history?
I got my first credit card in June of 2006. My payments hold never been late. Every 30 days the credit card company reports commentary status to all 3 major credit reporting agencies. Transunion and Experian both are showing my side correctly, but Equifax is not showing it at all! I had to earnings Equifax $20 for my credit report just to try to dispute it and now I draw from a bunch of crap for the customer service center. I know my credit card company is reporting my info. In fact just yesterday they did another report to Equifax and Equifax is still adage they have no record of the statement. I'm really upset over this mess and I want an investigation by FTC and possibly the Attorney General for the state for the Equifax corporate office. What would you do? What is the best way to bring immediate action?

Why is my TransUnion rack up so much lower than my other credit score?
Equifax and Experian are within 10 point of each other, but my TransUnion evaluation is 50-60 points lower.

Are the 3 agency credit score you buy at MyFico, genuine or Faco?
I am signed up for Equifax Score Watch with myfico.com. I have purchased the other 2(TransUnion and Experian) from this site. Are they an accurate picture of my credit chalk up or just estimations?

Are the 3 leading credit agencies too powerful?
Think roughly speaking this:Your entire adjectives is base on your credit score contained by by hook or by crook.- If you plan on buying a house, a saloon, or getting a loan for ANYTHING at adjectives, you will run into a credit agency at one point or another. - If you apply for a position near the management, bank and lots other businesses, your credit win will be used to in part determin whether or not you procure the chore. - If you apply to rent a space to live within, your credit gain will be used to any approve or deny you. Experion, Equifax and Trans Union necessarily run your natural life.If you own have mistakes within your olden, ones that you can no longer correct by paying them sour, you're pretty much screwed. There are law that govern how long items can remain on your credit report, but oodles family do not construe that companies can simply re-submit your information and it's rear legs to the genesis. Should these 3 companies enjoy so much power over every US citizen?

Based on this information, do you deduce I am contained by a correct position "credit wise" to buy a saloon?
I checked my credit scores yesterday and they are as follows:Equifax = 491Experian = 595TransUnion = 601I have be paying on a mortgage for a year and have never been unpunctually with the payments. I have be paying on my current auto loan for two years, and have never been unsettled with a payment. I own obtained various credit cards (approximately four) contained by the past six months or so, and have never rewarded any of them late. However, I have 21 collections on my credit report ?the majority of them are from medical bills, and most of them are a few years older. I have one large medical bill on in that for a little over $33,000. I am not sure what’s pulling my Equifax credit score down so much, but any way I want to get a saloon.

More Equifax questions please visit : Credit12345.com

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San Francisco Employment Law Attorney Shawn R. Miller

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Tantra - the Serpentine Ascent

Tantra – The Serpentine Ascent – Part I

Occult Vibratory Chemistry existed in India by the name of Tantra.

Tantra is derived from two Sanskrit words – Thanoti ( to expand ) & Trayaten ( to liberate). This Science has the power to expand and liberate !

Expansion means to grow beyond one's boundaries. Expansion upto Infinity. Thanothi means the expansion of Consciousness ad infinitum.Individual consciousness should expand to Universal Consciousness for mergence in

the Supreme Self.

Trayate means to liberate, to liberate man from bondgage, from the Seven Deadly Sins which bind him to the sublunar world. The purging of mortal dross is a must for Self-Actualisation and the " inner enemies of man " Lust, greed, anger, jealousy, sloth, covetousness & attachment ) are the real blocks in the way of Self Actualisation

Liberation is not possible without expansion of Consciousness. When our individual Consciousness expands to Cosmic, we feel whole & are liberated from the thraldom of matter.

The Upanishadic Philosophy was based on the Five Concentric Sheaths known as the Five Koshas. The outermost concentric Sheath, the Anna Maya Kosha, is known as the Material Sheath. It envelopes the other four sheaths – vital, mental, intellectual & bliss.

Tantra, on the other hand, speaks about the Six Chakras, dynamoes of Cosmic

Energy in the human body.

These Chakras are ( in ascending order)

1. Root Chakra ( Muladhara )

2. Anal Chakra ( Manipura )

3. Solar Plexus Chakra ( Swadhistana )

4. Heart Chakra ( Anahata )

5. Throat Chakra ( Vishuddhi )

6. Eyebrow Chakra ( Ajna )

The Five Great Elements ( Earth, air, water, fire & ether ) & Mind reside

in the Six Chakras.

Earth-Principle resides in the Root Chakra

Water-Principle resides in the Navel Chakra

Fire-Principle resides in the Solar Plexus Chakra

Air-Principle resides in the Heart Chakra

Ether-Principle resides in the Throat Chakra

Mind-Principle resides in the Eye Brow Chakra.

The Microscomic representative of the Macrocosmic Shakti ( Cosmic Power ), the Kundalini, sportest as the Six principles in the Six Chakras in Her Cosmic Play.

O Infinite Power ! Thou art the Mind-principle in the Eye brow Chakra

In the Throat Chakra , Thou sport as the Ether-principle

In the Heart Chakra, Thou sportest as Air- principle

In the Solar Plexus Chakra, Thou art Fire-principle

In the Navel Chakra , Thou exist as Water-principle

In the Root Chakra, Thou art the Earth _Principle, O Mighty Mother !

And in the Crown Chakra, Thou sportest blissfully with thy beloved Consort !

She lies coiled in human beings as the Coiled Serpent Power ( Kundalini). She rises during Mediation and Yogic processes.

Her rise can be felt by the meditator. When She rises, a subtle warmth will be felt in the body. Voice changes. Voice becomes musical, " propertied as the tuned spheres". The personality of the native becomes very attractive due to the influx of Jupiterian energy. Wisdom and learning grace the individual. When She rises furthur, torrential bliss will be felt. And when She reaches the Crown Chakra, it is Cosmic Consciousness for the native !

She sports as Universal Power in the Macrocosm; and in the microcosm as the coiled Serpent Power!

Infinite Power of the Absolute art Thou!

The Cause of the Universe as Maya

The entire Creation is Thy Play

Thy blessing is Bliss Absolute !

The essence of all sciences art Thou

All women Thy manifestations !

The visible Universe Thou art

And the dormant Serpentine Power !

One of the pioneers in Tantra Research was Sir John Woodroffe , who had written many scholarly treatises on the subject. His magnum opus is the "Serpent Power", which is a scientific treatise about the Kundalini. His

practice of Tantra endowed him with personal magnetism. He became the cynosure of all eyes. There was a special lustre on his face, he possessed the Golden Tongue of Good Report & there was a spiritual halo around him. He had developed his Auric Field ( the human electro-magnetic field ) due to Tantric techniques and bacame a dynamo of spiritual energy. His masterly book is a scientific diagnosis about Tantra.

The heart and vocal nervous centers are intimately related physiologically. Bhava Shuddhi or purity of Heart makes the voice innocent and musical. The true Initiate is he whose voice is true and who possesses the Golden Tongue of Good Report!

The Cosmic Shakti is the Force behind the Universe & the entire Universe is her play & display. Kundalini is Her microcosmic representation. She has been depicted as the Mother Goddess in Pagan philosophies.

Nature is visible Intelligence; Intelligence is invisible Nature. The Spiritual & the Natural are not different. That which is spiritual is natural in its ascent & cause. That which is natural is spiritual in its descent and being.

She is the female component of the Ultimate and all systems deal with the male and the female components of Reality. The male component is He ! Consciousness and Force, the Supreme Self and Nature, Matter and Spirit, Being and Becoming, the One and the Innumerable, the Formless and then a delirium of Forms – She and He, two in one, inseparable ! He, outside Time, outside Space, pure Being, pure Consciousness, the Great White Silence wherein everything is contained in a state of involution, contained, yet formless !

She flings forth from Him in an outburst of joy, again to find Him playing in Time, She and He, two in one , inextricable! Can Nature exist without her Lord ? Can He exist without Nature ?

This is the Purusha and Prakriti of Sankhya, the Brahman and Maya of Vedanta , the Sive and Shakti of Tantra !

Without Him, I exist not

Without Me, He is unmanifest ! – The Mother of Auroville

It is due to Her Grace that a man becomes a material success. It is She who gives the successful man the indomitable Will Power needed for success.

On the other hand, it is also Her Grace which giveth spiritual success. It is She who gives the devotee the necessary Self-knowledge, makes him do altruistic acts & leads him to Self-Actualisation. In other words, She has two aspects, material & spiritual and Her Grace is absolutely necessary for success in both the spheres. .

It is said that She, as the Prakriti ( Nature ) of Purusha ( Supreme Self), is the base of the Universe & when She becomes supremely pleased with the devotee, confers on him Self-Actualisation !

She is the Creatrix, She is the Mediatrix, She is the Dispensatrix and the Executrix of the absolute mechanism of Universal Justice.

Power is Divine and not to be condemned

It is this Power aspect of Consciousness which India has depicted as the Divine Mother. It is a mistake of the ethical and the religious mind to condemn Power as something unworthy because it is in its very nature corrupting and evil. Despite arguments to the contrary ( Power corrupts and absolute Power corrupts absolutely), Power, Shakti, Will is the mover of the worlds and basically is spiritual in origin and divine in character !

A Power to call Eternity into Time

And make the body's joy as vivid as the soul's !.

The highest philosophic concept is that of the Philosopher-King, he who possesses powers both eternal and temporal. They were known as Raja-Rishies in India. Lord Rama, Lord Krishna, King Janaka were all Raja-Rishies. Marcus Aurelius & Augustus Caesar in the West were also reputed Philosopher-Kings. They did not renounce power !

Tantra as related to Astrology

Tides are caused by the Moon. The human body is 65% water. ( Even the Archbishop of Canterbury is 65% water ). If Moon can effectuate tides, what effect will he have on the human body which is predominantly water? And what about the effects of other planets ?

More information about Mundane Astrology & Transit Forecast can be had

from http://www.eastrovedica.com/html/transat.htm

The New Age Movement

New Age – A Paradigm Shift to Divine Consciousness & a Universal Philosophy

The New Age Movement (NAM) is a revival of spiritual and divine values and can be called as a Divine Regeneration Movement. New Age Philosophy has conquered the West intellectually and Western culture is currently experiencing a phenomenal shift – sociological, spiritual & ideological. It's a secular, multi-cultural, multi-religious synthesis, of the Oriental mystical philosophies, mainly Hinduism, Buddhism, Taoism & Western Occultism, emphasising Holism, the doctrine that Reality is organically One ( now taught in American Universities after Einstein's Theory of Relativity ).

Behind the evolution of the species, there is an evolution of Consciousness. The aim of Life is Self-Actualisation, to evolve to the level of Unity Consciousness, defined as the 7th state of Consciousness in Transcendental Philosophy.

The social disturbance caused by the Vietnam War, the threat posed by AIDS, the disillusionment with materialistic ideas and the erosion of faith in Morality & Ethics brought a sense of futility & meaninglessness in the Western psyche.The limitations of the Western system of Chemotherapy & adverse side-effects of antibiotics, sedatives and certain other drugs and the disillusionment with the promises of science & technology made millions turn to Oriental philosophies, occult practices & systems of therapy.( Interest in Alternative Medicine developed to such an extent that there are now more than 180 systems of Alternative Medicine.

Exponents of New Age Philosophy in Europe and America include Transcendentalists like Thoreau, Emerson & Walt Whitman, Wordsworth, Emanuel Swedenborg (1688-1772), , & Theosophy introduced by Madame Helena Blavatsky (1831- 1891) & Col Olcott & the philosopher, Annie Besant. As the world witnessed a Consciousness Revolution, Transcendental Meditation, Yoga ,Zen, Carlos Castañada, the Beatles, Holistic Medicine ( both Western and Ayurveda ), Tantra, Astrology ( both Western & Vedic ) all became popular .

There are 6 million New Age sites on the Web and the NAM consists of a massive & well organised network consisting of thousands of groups, trusts, foundations, clubs, lodges, and spiritual groups whose goal and purpose is to prepare the world to enter the coming Aquarian Age. ( The Age of Aquarius ). In astrological symbolism, Aquarius represents Spirituality and Pisces Rationality. The Piscean Age, an age of Computer and Cybernetics revolution, will be followed by an Age of Consciousness Revolution or a Spiritual Revolution, the Aquarian Age.

Some New Age Organisations are : California New Age Caucus, New World Alliance, World Goodwill, The Church Universal and Triumphant, The Theosophical Society, Amnesty International, Zero Population Growth, the Forum, Planetary Initiative for the World We Choose, the Club of Rome, Church Universal & Triumphant, Christian Science, and the Unity School of Christianity.

New Age believes in the essential goodness of Man and the Divine Spark in Man and the New Age movement is not a unified cult system of beliefs and practices, even though its roots derive from Vedic Philosophy. There is no central authority, no official leader, no headquarters, nor membership list, but instead is a network of groups working toward World Peace and Universal Love. There are millions of worldwide followers of various New Age practices and the world is moving from Chaos ( Disorder ) to Cosmos ( Order ) ! This is a Phase Transition from Entropy ( Disorder ) to Order !

Significant influence has been gained by NAM affecting almost every area of Occidental culture—Sociology, Psychology, Medicine, the Government, Ecology, Science, Arts, Education, the Business Community, the media, entertainment, sports, and even the Church. Organised spiritual forms such as Christian Science, Unity and even forms of Witchcraft ( from the German ' Wicca' meaning the Wise; Witchcraft means the Craft of the Wise ) are all its expressions. Various Human Potential Seminars, Transcendental Meditation, Zen Meditation and some Alternative Holistic Medicine practices are also its manifold manifestations.

Some popular New Age publications and journals are New Age Journal, the Z Files, Clarity, Body Mind Spirit, Yoga Journal, Gnosis, East West, Noetic Sciences, the Millenium Being and Omega. The new tendency of people now is to view everything from a New Age perspective

The major goal of the New Age Movement is to prepare Man for entering the Aquarian Age and to bring world peace in an already bruised world. "All is wrong with the world" said Shaw & some of the other goals of the NAM are to establish an entirely New World Order in the fields of Economy & Government. The idea of a World Government was proposed by Bernard Shaw earlier and was implemented by Mahesh Yogi and occurs in the writings of the foundational apostle of the New Age Movement, Alice Bailey.

The word 'Initiation" is derived from the Latin "In ire" to go within and Initiates were termed by the Great Master as the salt of the Earth. The mystic Ward defined Reality as "Within and within and within and within" . Another mystic described it as "It is hidden, it is hidden and it is hidden". To the mystic, self evolution is the means and only by changing and correcting ourselves can we change others . The primary goals of the movement then, are to prepare the world to receive the Divine Consciousness and to enter the Age of Aquarius, thus establishing the New World Order.

New Age Philosophy believes that human evolution can be accelerated, if not in the entire mass of humanity, at least in suitable individuals. Human nature is perfectible, through an intensive process of purification and Initiation.

The New Age Movement is secular & universally diffused over the earth's surface & its basic underlying philosophy emphasises Gnosticism and Occultism. (Gnosticism is an ancient philosophy stating that Divine essence is the highest reality, and that the Self of man is actually this Essence. Behind the phenomenal world is the Transcendent Reality which Intuition alone can see ). It bears a remarkable resemblance to the Universal Religion that H.G. Wells predicted would one day take over the world.

The six main characteristics of New Age thinking are: (1) All is Unity; (2) All is Divine (3) Humanity is divine (4) A change in Consciousness; (5) All religions are One; and (6) Cosmic Evolutionary optimism.

Basically Dialectical Integralism, New Age Philosophy unites both Matter and Spirit.

Spirit shall see through Matter's gaze

Matter shall reveal the Spirit's face !

The 13 main principles of New Age Philosophy are:

(1) One Global Order – One World Governement, One Currency, One Universal Being.

(2) Universal Energy, Universal Matter, Universal Life, Universal Soul As God

(3) An Eternal Universe – Uniform in Space and Unending in Time

(4) Divine practices ( Astrology Yoga & other esoteric arts)

(5) Syncretism ( Unity of all Religions ).

(6) The need for Meditation ( for generating altered states of Consciousness );

(7) Life is Cyclical- Everything is cyclical, subject to the cyclical upheavals of Time.

(8) Holistic Medicine & Vegetarianism (The patient is more important than the Doctor & Alkaline diet)

(9) Pacifism ( Anti-war activities);

(10) Reincarnation; ( The Law of Conservation of Soul )

(11) The Evolution of Man into Divinity; ( The latent Life Force evolving naturally to the Divine )

(12) The Union of Man with the Divine; ( Merger of man into the Infinite )

(13) Matter's Illusoriness; – Esse est percipii – Perception is Essence; Mind is Substance.

The practices of the New Age are psychic practices like : Astrology, Reiki, Bioenergy, Chi energy, Chakras, Nirvana, Christ- Consciousness,Spiritualism, Native American Spirituality, Prajna, Out-of-body/near- death experiences, Reincarnation, Yoga, Meditation and the occult disciplines, as well as psychotherapeutic techniques and scientific applications of the healing powers of crystals and pyramids.

Some commonly used New Age terms are: Quantum Healing, Transmutation, Transfiguration, Guided Imagery, Reincarnation; Positive Thinking; Human Potential; Holistic; Holographic; Synergistic; Unity; Oneness; Transformation; Awakening; Networking; Communal Sharing; One-world/globalism/new world order (i.e., One language, One Government, One currency, One religion); Cosmic Consciousness; Zodiac, etc.

Some New Age practices are: Transcendental Meditation, Parapsychology, Inner healing; Biofeedback; Yoga; I Ching; Reflexology; Therapeutic Touch; Transpersonal Psychology; Witchcraft; ; Magick; Tai Chi; Shamanism; Hypnotherapy; Acupuncture/Acupressure; Martial arts; Zen; Relaxation; Silva Method (formerly Silva Mind Control); Visualization; etc.

Some prominent New Agers are: Jeremy Rifkin, Norman Cousins, Elizabeth Clare Prophet, John Denver, George Lucas, Norman Lear, Alice Bailey, Alvin Toffler, Dr. Barbara Ray, Benjamin Creme, Levi Dowling, George Trevelyan, Fritjof Capra, Abraham Maslow, Barbara Marx Hubbard, Ruth Montgomery, Shirley MacLaine, J.Z. Knight, Marilyn Ferguson and David Spangler.

Soothing audio environments are created by New Age musicians and they believe rightly that Music has psycho-therapeutic properties. ( This concept is derived from the Vedic Philosophy that All music is Samaveda, the 4th Veda of the Indians ). Born of an interest in spirituality and healing in the late 1970s, it is often used as an aid in meditation.

Essentially meditative, New Age Music is soothing to the Soul. Isnt Music defined as the food for the Soul ? Harmonic consonance, uplifting themes, contemplative melodies & nonlinear song forms are the characteristics of New Age music. Even natural sounds or sounds from Nature and traditional electronic instruments are used by New Age musicians. With roots in classical music or Eastern Music, New Age music is often meditative. Prominent New Age musicians include vocalist Liz Story; harpist Andreas Vollenweider, electric violinist Jean-Luc Ponty , electronic-music pioneer Brian Eno, multi-instrumentalist Kitaro & solo-piano artist George Winston.

New Age practices have almost conquered the world. Athletes are using guided imagery. Graduate schools of business are invoking T M, Yoga, and Tarot cards in teaching courses on creativity in business (e.g., Stanford Graduate School of Business). Based upon Astrology, the Science of Time, stock market gurus employ Fibonacci numbers and "Wave Theory" in their forecasting.

We can summarise that the term New Age is an innovative term derived from the mother of all sciences, Astrology, indicating that this earth is undergoing an evolutionary transitional phase from the Piscean Age of Scientism to the Aquarian Age of Divine Wisdome, Cosmic Consciousness , Knowledge and Love.

Since the New Age is a conglomeration of spiritual practices, let us analyse the basic principles of N A M

1. The Divine Source of Authority. New Agers do not claim any source of authority—Only Inspiration by the Divine. By the Divine we mean a principle within, the Divine Spark or the Self and many are there who receive the revealations of the Self within or the intuitive insights of the Self.

2. The Lord. – Since Matter and Energy can neither be created or destroyed and the sum total energy in the Universe is an absolute constant ( Universal Being ), the Lord did not create the world, He became the world. Monism—( "All is Unity" ) averrs that there is only One Essence in the universe, everyone and everything being a part of that essence. The Self is an utter Being and all these are its Becomings. New Agers view God as an Impersonal Life force, Consciousness, or Energy (e.g., the "Star Wars Force") mainly but they also believe in His personal aspect, as the Ocean ( which is Formless ) can take the form of an iceberg! They averr that every human has a divine spark within him because all created beings are reflections of the Divine Idea. The eternal state is called by various terms among different New Age groups, i.e., God-consciousness, Universal Love, Self-Realization, the I AM, Higher Self, Brahman, Nirvana, etc.

2. The Redeemer, Jesus Christ. Christ Consciousness or the Divine Consciousness is what the New Age advocates mean by Christ. . In other words, Christ is a Divine Principle rather than an individual, such as Jesus. This idea of Christ Consciousness asserts that Jesus was only one of the Christs, but that He equipped Himself to receive the Christ Consciousness (i.e., He was a great Master who attained Christ Consciousness), as did other prophets like Buddha, Krishna, and Mohammed. New Agers believe Dr Paul Brunton who stated the Jesus spent 18 years in India absorbing Indian Mysticism and that he was initiated into the highest esoteric doctrine.

3. Human Destiny. Man is the measure of all things and is more divine than the animals & hence the salvation of the world depends upon Man. Cleansing the negative elements from the collective subconscient should be the aim of humanity. Once Negativity is cleaned from the collective subconscient, the human positive energy will shine forth and the noble ideals of the New Age will be actualised in an era of Enlightenment. Since man is intrinsically divine and perfect, his only real problem is ignorance of that fact. Gnosis means experiential knowledge and Salvation in the New Age is for man to become enlightened through this Divine Gnosis. New Age groups offer various spiritual techniques to enable individuals, and ultimately the world, to evolve into this Unitive Consciousness . These techniques may include psychotechnologies for attaining altered states of consciousness – Transcendental Meditation, Yoga, Zen, Attunement , Channeling (Spirit guides), Psychics, Acupuncture, etc.

4. The Ethical Opposites, Good & Evil – Believing in the Oriental philosophies, New Agers make the distinction between good and evil. All wickedness is weakness and Evil is imperfection. By the method of Trial and Error, we come to know what is good and what is bad for the world and we have to transcend the dualities.

5. Reincarnation. New Agers believe in the ancient Vedic philosophic concept of Reincarnation—that through a long process of rebirths, man can eventually attain Divine perfection. They also teach the Universal Law of Karma -(( The Law of Cause and Effect ( Every effect has a cause ), the Law of Action and Reaction, the Law of Retribution )) that what a person sows , he shall reap. This is also the doctrine of God's non-responsibility, that the Self is not responsible and it is the Ego which experiences bitter & sweet mental experiences due to its own Karma.

6.Salvation is Self-Actualisation and Sin is Ignorance – SSome theoreticians taught the concept of Man's Original Sin. New Age exponents teach the concept of man's essential goodness. Instead of systems which emphasised the human negative aspect and sin, New Age highlights that every man is essentially divine and it is a sin to call man a sinner ! However, New Agers speak of troublesome desires which are natural impulses which retard human evolution and make the Ego move away from the Self. Sin is merely ignorance of man's essential divinity. The atrophied spiritual consciousness of the normal man who lives in ignorance of his Divine Self is Sin. Like the Law of Conservation of Energy which states that Energy cannot be created or destroyed, the Law of Conservation of Soul states that the Soul can neither be created nor destroyed. Matter exists in 3 states, liquid, gaseous and solid and matter cannot be created or destroyed. Nothing ever begins to be. Similarly Life does not at physical birth begin to be. It merely enters physical conditions and assumes physical guise. It merely undergoes a parallel transformation into conditions which preexisted in other conditions. The Soul is reincarnated in different bodies in a continous succession of lives. The good or bad Karma earned in the present lifetime determines one's subsequent incarnation. Attaining higher states of Consciousness should be our aim.There are many different paths to the goal of Divine perfection and we should be tolerant of other paths.

The divine Aurobindo predicted that spiritual influences from India will trigger off a global spiritual movement.There will be Mass Incarnations ( many people divinely inspired ) who will work for World Peace and Universal Love !

I saw them cross the twilight of the Age

The massive barrier breakers of this world

The sun-eyed children of a marvellous dawn

The architects of immortality

Carrying the magic Word, the mystic Fire

Carrying the Dionysian Cup of Joy !

The four systems of Philosophy which triggered the N A M are Hinduism, a product of 5,000 years of development, Buddhism, circa 560 B.C., Taoism, circa 500 B.C & Druidism, circa 300 B.C, the religion of the Celts, which extended upto the Middle Ages.

Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His blog is up at http://www.zodiacastrology.blogspot.com Mobile 091 9388556053

About the Author

Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His Astro blog is up at http://www.zodiacastrology.blogspot.com & his Philosophy blog is http://transcendentalphilosophy.blogspot.com Mobile 091 9388556053

Monica Hedden on the 2008 California Employment Law Update

A Brief Online Synopsis Of » Employment Law Poole Along With Other Analyses

Thursday, September 24th, 2009

employment law poole

Your Credit and Your Employment

There are many ways that you can put off having to deal with credit. You can rent a place to live, you can take the bus instead of owning a car to drive, and you can even go without health insurance. Of course that's not advisable, but it is possible. People learn how to deal only with the cash they have and not rely on plastic to get them out of fixes. But in order to have the money to do all that they need something they cannot do without - a job.


It is important to know that the law prohibits an employer from denying employment to someone based on bankruptcy findings. However, the law does not prohibit an employer from denying an application, or even rescinding an offer, based on other credit issues. Some of these issues could be inquiries, foreclosures, or collection actions. More and more companies are using credit reports as a means of hiring, firing, and for promotional purposes. One survey that was taken by the Society for Human Resource Management showed that 35% of companies are now performing this practice.


The most common practice for employers still remains to be the background check, but studies have found that if a company is pooling resources in order to verify background, more often than not, they will go ahead and pull the credit report also. However, many employers have found that finding credit mishaps did not determine whether or not an employee was more likely to steal. The better predictor, most would say, is a full criminal background check, which would show things such as bounced checks. Employers will also use credit checks in order to make sure employment history is correct and that the Social Security numbers are valid. This is a measurement that is taken as a form of insurance for a company that is trying to hire new staff members.


Some of the best jobs are with the government. There is plenty of room for advancement and job security is usually better than with most jobs in the private sector. Governmental agencies do perform credit checks for security reasons, but don't worry, the only time a credit report will be used as a means of denial is if the prospective employee will have direct access to cash.


There are rules that people have to follow, regardless of the position that is being applied for. For instance, an employer has to have your permission before they can run a credit check. The permission has to be obtained in writing, and any deviation from this method is against the law. Bankruptcy is not supposed to be considered a problem. Remember, they can take issue with you not paying your bills, but not if you have filed for bankruptcy. Finally, if your credit information is used against you in any way, the employer is required to tell you what the problem is.


When it comes right down to it, the best thing you can do for yourself is to stay on top of your credit. Credit affects people more and more with each passing year. During the time of our grandparents no one would have ever thought that they would be refused a job due to bad credit. Today, there are many people who lose their jobs due to bad credit and it is affecting us all in ways we never would have thought of.

About the Author

John Edmond runs Credit Card Debt where you can read many more articles on personal loans and for the latest information on credit reference checkout the blog.

The Black Legion part 1

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A Quick World Wide Web Synopsis Of » Employment Law Aws And Similar Research

Friday, September 11th, 2009

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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.

The 1st Amendment hardly protects whistleblowers or those who question why people rob Americans blind with laws that protect the powerful and wealthy.

Americans can get fired for almost anything "At-Will Employment." All aws to protect ordinary US Citizens are extremely weak.

The FBI also harass those that dare to oppose when the US Federal Government does wrong.

Please read my site and you decide.
http://www.myspace.com/americaneedsdissenters
My site explains the Dark side of the US Federal Government.

Become aware of what can happen to you!
Some of you think I am joking.

If people had asked questions we would not have problems in Iraq.

Protesters are harassed.

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

A Meaningful Simple Synopsis On The Subject Of » Employment Law Hours Change As Well As Other Analyses

Friday, September 4th, 2009

employment law hours change
Employers add 290,000 jobs, beat expectations
The jobless rate rose to 9.9 percent in April from 9.7 percent in March, but the additional jobs may mean labor market is improving. Employment - Unemployment - Labour economics - United States - Business
REAL CHANGE to Mayoral Dictatorship -- OR LET THE LAW SUNSET!

A Quick Synopsis About » 2009 Employment Law Trends As Well As Comparable Studies

Tuesday, August 25th, 2009

2009 employment law trends
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)

About » Texas Employment Law And Regulations Together With Comparable Studies

Monday, August 17th, 2009

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Small Business Health Insurance Basics In Texas

Finding the right group health plan for your business can be downright intimidating: sorting through lists of insurance companies and plans; checking and re-checking the dollars and totals for deductibles and co-pays; making sense of plan limitations and exclusions; deciphering a dictionary's worth of insurance-speak. It's enough to make anyone feel like a high-school freshman again.


Texas insurance law allows a wide array of health care coverage plans and packages. All group health insurance has its limitations and finding the right employee health plan at the right price can be challenging.


In Texas, the term "small employer" is a special insurance designation reserved for businesses with two to 50 eligible employees. The law provides some added protections to these businesses, including a 15 percent annual cap on rate increases due to health factors, a state-enforced guarantee that carriers cannot arbitrarily discontinue coverage, and a cooperative purchasing provision that lets small employers pool their purchasing clout to negotiate lower rates.


For employees of small businesses in Dallas, Houston and throughout Texas, the law provides several ways to maintain benefits after leaving a job and limits the waiting period before pre-existing conditions are covered.


Beyond these requirements, small-employer carriers may offer a wide variety of plans, with virtually any combination of features and benefits.


Small-Business Coverage Eligibility


Texas businesses with two to 50 eligible employees may obtain small-employer coverage from either a traditional insurance company or a health maintenance organization (HMO). Eligible employees are defined as those who usually work at least 30 hours per week; are not classified as temporary, part-time, or seasonal; and are not already covered by another group health plan. A business' owners count toward the employee total.


The number of eligible employees -- not total employees -- determines whether a business is considered a small employer under Texas insurance law. For example, if your business has 60 total employees, it could still qualify if six of the workers are part-time and four have coverage through some other source, such as a spouse's plan.


If you decide to offer a group health plan to your employees, you must make it equally available to all of your eligible employees and their dependents.


Coverage is available under a small employer health benefit plan if at least 75 percent of a small employer's eligible employees elect to be covered. Carriers must always "round up" when calculating the percentage. For example, a five-person business with only three employees wanting to participate satisfies a 75 percent requirement by rounding up.


However, in the case of a business with only two eligible employees, the law requires 100 percent participation. A husband and wife working in a business must be counted as two separate employees. Neither of the employees is eligible for coverage as a dependent of the other.


If you provide a health plan, state regulations and a federal law called COBRA (Consolidated Omnibus Budget Reconciliation Act) allow employees to maintain benefits for a period of time after separation from the job. It is your legal responsibility to inform employees of their rights to continue coverage. Former employees who choose to continue their coverage through COBRA or state continuation must pay the full cost of the plan. You are not obligated to contribute toward their premiums, even if you previously paid a share. Ask your carrier for details about your responsibility toward former employees.


Types of Plans Offered


Health plans are classified as either "state-mandated plans" or "consumer choice plans." A state-mandated plan provides certain required minimum features and coverages. A consumer choice plan is any plan developed by a carrier that excludes some state-mandated benefits. Generally, consumer choice plans that do not include all the state-mandated coverages will save you money on your monthly premium.


Although consumer choice plans are sometimes called "standard plans," be careful not to interpret the term to mean that the coverages provided are "standardized." Each carrier's consumer choice plan may be different, and a carrier may offer several different consumer choice plans.


Some state-mandated benefits continue to be required for consumer choice plans, including coverages for:


* Phenylketonuria treatment, if prescription drugs are covered.

* Complications of pregnancy.

* Minimum hospital stay after childbirth (federally mandated).

* Reconstruction surgery following a mastectomy (federally mandated).


Consumer choice plans may vary depending on the type of carrier offering the plan. For example, HMO consumer choice plans must pay for 20 outpatient mental health visits per enrollee per year, but that's not a requirement in indemnity plans. In addition, unlike insurance companies, HMO consumer choice plans must include basic health care services, such as inpatient, outpatient, and preventative services. Carriers may offer optional benefits that vary widely from plan to plan.


You don't have the time for all this research and number crunching. But can you really afford to leave it on your "maybe someday" list? As the cost of medical care rises, the risks of not having health insurance are more apparent than ever. Today a single injury or illness --if uninsured-- can leave a family in financial ruin. Moreover, health coverage is a key benefit of employment. You may not be able to hire and keep the best employees without offering it.


Another alternative to group health insurance plans, which can be unaffordable for many small businesses, is to offer individual health insurance options to your employees. By law, an employer is not allowed to contribute to these plans, or that would be treated as group insurance under Texas state law. But you can still help your employees become insured in a good plan and improve their health and well-being and also improve employee retention in the process.

About the Author

Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com

Ron Paul's Texas Straight Talk 6/14/10: Authoritarianism is Bad for Your Health!

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An Exposing Debate And Conclusion About » Employment Law Doctors Note Along With Other Research

Sunday, August 16th, 2009

employment law doctors note
anyone know laws on employment in england?

please can you tell me if you reach a companys level for sicknes can they sack you if you have provided a doctors note and or some of the sickness incured were due to incidents at work.

It would matter what country you were from they shouldn't sacking you ring your local government also any business should be insured for accidents call and insist on their insurers number that should scare them

March 2009 BlogTV LIVE Why the South sucks!

A Quick Internet Overview Of » Employment Law Chat Along With Comparable Research

Wednesday, August 12th, 2009

employment law chat
Employment Law question - any HR gurus out there?

My friend's daughter is 16 and has worked in a shop full-time for the last six months.
She started off really well and the manager praised her performance and promised her training and even an NVQ. However, he never got round to it, and every time she asked him he was too busy.
Three months ago the Area Manager came and had a chat to all the staff. My friend's daughter asked him about the training she'd been promised and he said that he would make sure she got it. Since then the shop manager has been really funny with her and has started marking her down in her reports, even though the assistant manager says she's doing really well.
Today, the assistant manager told her secretly that the manager intends to give her the sack tomorrow. He is just going to wait til she arrives for work and tell her that it is her last day.
There's no reason to sack her and I'm sure he should give her a week's notice.
Any ideas or advice?

If you are in the UK, then your friends daughter has no legal protection as she has not been with that employer for 12 months - it used to be 24 months but was reduced to 12.

Whilst she appears to have been treated unfairly I would strongly urge her to register a grievance under the companys grievance procedure. This should be done in writing and addressed to her line manager. That might circumvent an attempt to dismiss, until at least after th egrievance has been heard.

The grievance should be that she felt she was promised training which hasnt materialised. Further that she is receiving conflicting performance comments from the manager and assistant manager, and that she feels the relationship between herself and the manager has deteriorated since she raised the topic of training with the area manager.

The letter should ask that her manager does not hear the grievance because it involves him, and should be heard by a manager of equal standing from another shop, or a more senior manager.

She should avoid mentioning what the assistant manager said that she would be sacked, as he would be implicated and potentially sacked himself.

Americans Know When Stimulus Budget Implementation Misses The Mark

The Truth As It Pertains To Employment Law Audio Conference Along With Other Analyses

Friday, August 7th, 2009

employment law audio conference
Pembina Pipeline first quarter boosts earnings and cash flow
Pembina Pipeline Income Fund announced today that it generated increased revenue, net operating income, net earnings and cash flow from operating activities during the first quarter of 2010 compared to the first quarter of 2009, primarily the result of expanding operations to include natural gas gathering and processing and reduced operating expenses.
JCCC Board of Trustees Meeting 3-26-09

A New Simple Synopsis On The Topic Of » 2008 California Employment Law Conference As Well As Comparable Analyses

Saturday, July 25th, 2009

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California Professional Employer Organizations

Effectively managing Human Resources in California has become a daunting and complex task for small to mid-market business owners. California-based corporations must grapple with one of the most complicated systems of employment laws in the country. While statistics report that many corporations are leaving the state, another trend has risen to assist overwhelmed business owners – California Professional Employer Organizations, or PEOs.

In just the first months of 2008, dozens of laws effecting numerous topics of employment law have been enacted in California. This includes a laundry list of unfriendly policies, including laws governing hiring and termination, family leave, sexual harassment, paying employees, leaves of absence, employee benefits, and workers' compensation. These trends have led to an unprecedented rise of employment litigation, labor regulations, and tax laws.

Employers continue to face fluctuating risks, and the high expense of conducting business has restricted the opportunities for business owners to remain competitive. Furthermore, it has become clear that the expertise required to manage a small to mid-sized operation has outgrown the experience and training of many entrepreneurs who started these businesses.

These complexities have led to one of the hottest business trends in California, and the nation as a whole: Professional Employer Organizations, or PEOs. PEO firms help companies reduce costs and efficiently manage HR-related issues, while navigating the complex business labyrinth, an intricate combination of policies and regulatory standards that are difficult to escape.

Outsourcing Human Resources to the Experts

PEO firms enable companies to shift responsibility of non-revenue generating competencies that can be handled easily, and inexpensively, by off-site experts. These functions include the areas of labor compliance, risk and safety, payroll, benefits, and other complex workplace regulations. The PEO firm helps companies reduce costs by effectively managing HR functions while allowing businesses to focus on their core operations that impact profitability.

Once HR and other operations are outsourced, many companies are showing a strong return on investment, according to a recent survey of American executives, by IDC, a global provider of market intelligence. The 2006 survey of executives at the IDC Midwest Conference in Chicago showed nearly 85 percent of the respondents saved as much as they spent on outsourcing, with 26.4 percent reporting a savings of twice as much. And the savings, according to nearly 95 percent of the respondents, went toward operational performance and innovation, which improved shareholder value.

Co-Employment

The PEO industry, formerly known as Employee Leasing, or Staff Leasing, has become a rudder for companies trying to navigate choppy seas. Taking on the responsibility of all human resource functions, the PEO can serve a multitude of functions. Primarily, the PEO creates a "co-employment" relationship with its clients, thereby sharing the risks and responsibilities of being an employer. The PEO assumes the role of the Administrative Employer, whereby the PEO pays the employees, files payroll taxes, provides health insurance, issues the workers' compensation insurance, and manages most aspects of employment. The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day functions relating to their internal operations. This includes hiring, firing, establishing wages, and directing the workforce.

Helping Businesses and Their Employees

Through a co-employment relationship, small organizations access the economies of scale enjoyed by large corporations. The PEO client can offer premium benefit packages and retirement plans, typically provided by their larger competitors. They can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company's core competency and grow its bottom line.

In addition to providing important services to their business clients, PEOs offer substantial advantages to worksite employees. In many cases, these employees would not be provided the number, or quality, of benefits that a PEO can offer. These benefits may include health insurance, retirement savings plans, disability insurance, life insurance, dependent care reimbursement accounts, vision care, dental insurance, employee assistance plans, job counseling and educational benefits. Each individual small business's cost of establishing and administering this range of plans would be prohibitive. However, due to economies of scale, PEOs can sponsor and offer these plans at an affordable cost.

A Surging Industry

After a decline in the number of PEOs in 2003, a strong economy has resulted in a surge over the past four years. The PEO industry serves between two and three million employees per year, with most assisting companies with less than 50 employees. The average PEO is on the rise, too, with a growth rate of more than 20 percent per year for the last six years, according to a survey by the NAPEO, the national trade association for the industry.

For an annual fee that easily trumps the cost of an HR staff, PEOs manage training and education, health benefits, payroll, benefits, workers' compensation issues and employee relations. It is apparent that the frustration brought on by obtrusive human resource standards can be offset by the value found with PEOs, and other PEO providers.

About the Author

Ari Rosenstein is the Director of Marketing at CPEhr, a Human Resources Outsourcing and Professional Employer Organization company. With 15,000 serviced employees and hundreds of clients in 26 states, CPEhr is one of the largest, independently owned PEOs in the nation. CPEhr provides an array of HR services including labor law compliance, employment administration, employee health insurance, safety consulting, payroll and tax services. Learn more about HR Outsourcing and Professional Employer Organizations at http://www.cpehr.com.

Marianne Jones on the 2008 California Employment Law Update

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An Exposing Discussion And Synopsis About » Maryland Employment Law Association

Thursday, July 23rd, 2009

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American Revolution and War for Independence

Introduction

This paper is dedicated to the history of American Revolution and the War for Independence. The primary purpose of the survey given here is to carry out an analysis of the events of the late 18th century in the British colonies in North America on the basis of vast historical material published in the United States. The process that took place before and during the 1776-1783 period when 13 British colonies’ aspiration for independence broke out into the so-called War for Independence is very remarkable for it’s many unique features, on the one hand, and for many historical parallels that took place a century later when the world-wide spreaded colonial system began to collapse.

John Adams, second President of the United States, declared that the history of the American Revolution began as far back as 1620. "The Revolution," he said, "was effected before the war commenced. The Revolution was in the minds and hearts of the people." The principles and passions that led the Americans to rebel ought, he added, "to be traced back for two hundred years and sought in the history of the country from the first plantation in America."

As a practical matter, however, the overt parting of the ways between England and America began in 1763, more than a century and a half after the first permanent settlement had been founded at Jamestown, Virginia. The colonies had grown vastly in economic strength and cultural attainment, and virtually all had long years of self-government behind them. Their combined population now exceeded 1,500,000-a six-fold increase since 1700.

The implications of the physical growth of the colonies were far greater than mere numerical increase would indicate. The 18th century brought a steady expansion from the influx of immigrants from Europe, and since the best land near the seacoast had already been occupied, new settlers had to push inland beyond the fall line of the rivers. Traders explored the back country, brought back tales of rich valleys, and induced farmers to take their families into the wilderness. Although their hardships were enormous, restless settlers kept coming, and by the 1730s frontiersmen had already begun to pour into the Shenandoah Valley.

Down to 1763, Great Britain had formulated no consistent policy for her colonial possessions. The guiding principle was the confirmed mercantilist view that colonies should supply the mother country with raw materials and not compete in manufacturing. But policy was poorly enforced, and the colonies had never thought of themselves as subservient. Rather, they considered themselves chiefly as commonwealths or states, much like England herself, having only a loose association with authorities in London.

At infrequent intervals, sentiment in England was aroused and efforts were made by Parliament or the Crown to subordinate the economic activities and governments of the colonies to England's will and interest - efforts to which the majority of the colonists were opposed. The remoteness afforded by a vast ocean allayed fears of reprisal the colonies might otherwise have had.

Added to this remoteness was the character of life itself in early America. From countries limited in space and dotted with populous towns, the settlers had come to a land of seemingly unending reach. On such a continent natural conditions stressed the importance of the individual.

1. Frontier situation

The colonists-inheritors of the traditions of the Englishman's long struggle for political liberty-incorporated concepts of freedom into Virginia’s first charter. This provided that English colonists were to exercise all liberties, franchises, and immunities "as if they had been abiding and born within this our Realm of England." They were, then, to enjoy the benefits of the Magna Charta and the common law.

In the early days, the colonies were able to hold fast to their heritage of rights because of the King's arbitrary assumption that they were not subject to parliamentary control. In addition, for years afterward, the kings of England were too preoccupied with a great struggle in England itself - a struggle which culminated in the Puritan Revolution - to enforce their will. Before Parliament could bring its attention to the task of molding the American colonies to an imperial policy, they had grown strong and prosperous in their own right.

From the first year after they had set foot upon the new continent, the colonists had functioned according to the English law and constitution - with legislative assemblies, a representative system of government, and a recognition of the common-law guarantees of personal liberty. But increasingly legislation became American in point of view, and less and less attention was paid to English practices and precedents. Nevertheless, colonial freedom from effective English control was not achieved without conflict, and colonial history abounds in struggles between the assemblies elected by the people and the governors appointed by the King.

Still, the colonists were often able to render the royal governors powerless, for, as a rule, governors had “no subsistence but from the Assembly”. Governors were sometimes instructed to give profitable offices and land grants to influential colonists to secure their support for royal projects but, as often as not, the colonial officials, once they had secured these emoluments, espoused the popular cause as strongly as ever.

The recurring clashes between governor and assembly worked increasingly to awaken the colonists to the divergence between American and English interests. Gradually, the assemblies took over the functions of the governors and their councils, which were made up of colonists selected for their docile support of royal power, and the center of colonial administration shifted from London to the provincial capitals. Early in the 1770s, following the final expulsion of the French from the North American continent, an attempt was made to bring about a drastic change in the relationship between the colonies and the mother country.

2. British and French conflict

While the British had been filling the Atlantic coastal area with farms, plantations, and towns, the French had been planting a different kind of dominion in the St. Lawrence Valley in eastern Canada. Having sent over fewer settlers but more explorers, missionaries, and fur traders, France had taken possession of the Mississippi River and, by a line of forts and trading posts, marked out a great crescent-shaped empire stretching from Quebec in the northeast to New Orleans in the south. Thus they tended to pin the British to the narrow belt east of the Appalachian Mountains.

The British had long resisted what they considered "the encroachment of the French." As early as 1613, local clashes occurred between French and English colonists. Eventually, there was organized warfare, the American counterpart of the larger conflict between England and France. Thus, between 1689 and 1697, “King William’s War” was fought as the American phase of the European "War of the Palatinate." From 1702 to 1713, “Queen Anne’s War” corresponded to the "War of the Spanish Succession." And from 1744 to 1748, “King George’s War” paralleled the "War of the Austrian Succession." Though England secured certain advantages from these wars, the struggles were generally indecisive, and France remained in a strong position on the American continent.

In the 1750s, the conflict was brought to a final phase. The French, after the Peace of Aix-la-Chapelle in 1748, tightened their hold on the Mississippi Valley. At the same time, the movement of English colonists across the Alleghenies increased in tempo, stimulating a race for physical possession of the same territory. An armed clash in 1754, involving Virginia militiamen under the command of 22-year old George Washington and a band of French regulars, ushered in the “French and Indian War” - with the English and their Indian allies fighting the French and their Indian allies. This was destined to determine once and for all French or English supremacy in North America.

Never had there been greater need for action and unity in the British colonies. The French threatened not only the British Empire but the American colonists themselves, for in holding the Mississippi Valley, France could check their westward expansion. The French government of Canada and Louisiana had not only increased in strength but had also in prestige with the Indians, even the Iroquois, the traditional allies of the British. With a new war, every British settler wise in Indian matters knew that drastic measures would be needed to ward off disaster.

3. First stirrings of unity

At this juncture, the British Board of Trade, hearing reports of deteriorating relations with the Indians, ordered the governor of New York and commissioners from the other colonies to call a meeting of the Iroquois chiefs to frame a joint treaty. In June 1754, representatives of New York, Pennsylvania, Maryland, and the New England colonies met with the Iroquois at Albany. The Indians aired their grievances, and the delegates recommended appropriate action.

The Albany Congress, however, transcended its original purpose of solving Indian problems. It declared a union of the American colonies "absolutely necessary for their preservation," and the colonial representatives present adopted the Albany Plan of Union. Drafted by Benjamin Franklin, the plan provided that a president appointed by the King act with a grand council of delegates chosen by the assemblies, each colony to be represented in proportion to its financial contributions to the general treasury. The government was to have charge of all British interests in the west - Indian treaties, trade, defense, and settlement. But none of the colonies accepted Franklin's plan, for none wished to surrender either the power of taxation or control over the development of the west.

The colonies offered little support for the war as a whole, all schemes failing to bring them "to a sense of their duty to the King."The colonists could see the war only as a struggle for empire on the part of England and France. They felt no compunction when the British government was obliged to send large numbers of regular troops to wage colonial battles. Nor did they regret that the "redcoats," rather than provincial troops, won the war. Nor did they see any reason for curtailing commerce that, in effect, constituted trade with the enemy.

In spite of this lack of wholehearted colonial support and in spite of several early military defeats, England's superior strategic position and her competent leadership ultimately brought complete victory. After eight years of conflict, Canada and the upper Mississippi Valley were finally conquered, and the dream of a French empire in North America faded.

Having triumphed over France, not only in America but in India and throughout the colonial world generally, Britain was compelled to face a problem that she had hitherto neglected - the governance of her empire. It was essential that she now organize her vast possessions to facilitate defense, reconcile the divergent interests of different areas and peoples, and distribute more evenly the cost of imperial administration.

In North America alone, British overseas territories had more than doubled. To the narrow strip along the Atlantic coast had been added the vast expanse of Canada and the territory between the Mississippi River and the Alleghenies, an empire in itself. A population that had been predominantly Protestant English and Anglicized continentals now included Catholic French and large numbers of partly Christianized Indians. Defense and administration of the new territories, as well as the old, would require huge sums of money and increased personnel. The "old colonial system" was obviously inadequate. Even during the exigencies of a war imperiling the very existence of the colonists themselves, the system had proved incapable of securing colonial cooperation or support. What then could be expected in time of peace when no external danger loomed?

4. Colonial resistance

Clear as was the British need for a new imperial design, the situation in America was anything but favorable to a change. Long accustomed to a large measure of independence, the colonies were demanding more, not less, freedom, particularly now that the French menace had been eliminated. To put a new system into effect, to tighten control, the statesmen of England had to contend with colonists trained to self-government and impatient of interference.

One of the first things attempted by the British was to organize the interior. The conquest of Canada and of the Ohio Valley necessitated policies that would not alienate the French and Indian inhabitants. But here the Crown came into conflict with the interests of the colonies, which, fast increasing in population, were bent upon exploiting the newly won territories themselves. Needing new land, various colonies claimed the right to extend their boundaries as far west as the Mississippi River.

The British government, fearing that farmers migrating into the new lands would provoke a series of Indian wars, believed that the restive Indians should be given time to settle down and that lands should be opened to colonists on a more gradual basis. In 1763, a royal proclamation reserved all the western territory between the Alleghenies, the Florida, the Mississippi, and Quebec for the use of the Indians. Thus the Crown attempted to sweep away every western land claim of the thirteen colonies and to stop westward expansion. Though never effectively enforced, this measure, in the eyes of the colonists, constituted a highhanded disregard of their most elementary right to occupy and utilize western lands as needed.

More serious in its repercussions was the new financial policy of the British government, which needed more money to support the growing empire. Unless the taxpayer in England was to supply it all, the colonies would have to contribute. But revenue could be extracted from the colonies only through a stronger central administration, at the expense of colonial self-government.

The first step in inaugurating the new system was the passage of the Sugar Act of 1764. This was designed to raise revenue without regulating trade. In fact, it replaced the Molasses Act of 1733, which had placed a prohibitive duty on the import of rum and molasses from non-English areas. The amended Sugar Act forbade the importation of foreign rum; put a modest duty on molasses from all sources; and levied duties on wines, silks, coffee, and a number of other luxury items. To enforce it, customs officials were ordered to show more energy and strictness. British warships in American waters were instructed to seize smugglers, and "writs of assistance" (blanket warrants) authorized the King's officers to search suspected premises.

5. Tax dispute

It was not so much the new duties that caused consternation among New England merchants. It was rather the fact that steps were being taken to enforce them effectively, an entirely new development. For over a generation, New Englanders had been accustomed to importing the larger part of the molasses for their rum distilleries from the French and Dutch West Indies without paying a duty. They now contended that payment of even the small duty imposed would be ruinous.

As it happened, the preamble to the Sugar Act gave the colonists an opportunity to rationalize their discontent on constitutional grounds. The power of Parliament to tax colonial commodities for the regulation of trade had long been accepted in theory though not always in practice, but the power to tax "for improving the revenue of this Kingdom," as stated in the Revenue Act of 1764, was new and hence debatable.

The constitutional issue became an entering wedge in the great dispute that was finally to wrest the American colonies from England. "One single act of Parliament," wrote James Otis, fiery orator from Massachusetts, "has set more people a-thinking in six months, more than they had done in their whole lives before." Merchants, legislatures, and town meetings protested against the expediency of the law, and colonial lawyers like Samuel Adams found in the preamble the first intimation of "taxation without representation," the catchword that was to draw many to the cause of the American patriots against the mother country.

Later in the same year, Parliament enacted a Currency Act "to prevent paper bills of credit hereafter issued in any of His Majesty's colonies from being made legal tender." Since the colonies were a deficit trade area and were constantly short of "hard money," this added a serious burden to the colonial economy. History of American Money equally objectionable from the colonial viewpoint was the Billeting Act, passed in 1765, which required colonies to provide quarters and supplies for royal troops.

Strong as was the opposition to these acts, it was the last of the measures inaugurating the new colonial system that sparked organized resistance. Known to history as the “Stamp Act”, it provided that revenue stamps be affixed to all newspapers, broadsides, pamphlets, licenses, leases, or other legal documents, the revenue (collected by American agents) to be used for "defending, protecting, and securing" the colonies. The burden seemed so evenly and lightly distributed that the measure passed Parliament with little debate.

The violence of the reaction in the thirteen colonies, however, astonished moderate men everywhere. The act aroused the hostility of the most powerful and articulate groups in the population, journalists, lawyers, clergymen, merchants, and businessmen, north and south, east and west, for it bore equally on all sections of the country. Soon leading merchants, whose every bill of lading would be taxed, organized for resistance and formed non-importation associations.

Trade with the mother country fell off sharply in the summer of 1765. Prominent men organized as "Sons of Liberty," and political opposition soon flared into rebellion. Inflamed crowds paraded the streets of Boston. From Massachusetts to South Carolina the act was nullified, and mobs, forcing luckless agents to resign their offices, destroyed the hated stamps.

Spurred by Patrick Henry, the Virginia Assembly passed a set of resolutions denouncing taxation without representation as a threat to colonial liberties. A few days later, the Massachusetts House invited all the colonies to appoint delegates to a Congress in New York to consider the Stamp Act menace. This Congress, held in October 1765, was the first inter-colonial meeting ever summoned on American initiative. Twenty-seven men from nine colonies seized the opportunity to mobilize colonial opinion against parliamentary interference in American affairs. After much debate, the Congress adopted a set of resolutions asserting that "no taxes ever have been or can be constitutionally imposed on them, but by their respective legislatures" and that the Stamp Act had a "manifest tendency to subvert the rights and liberties of the colonists."

6. Abatement of tax disputes

The issue thus drawn centered on the question of representation. From the colonies' point of view, it was impossible to consider themselves represented in Parliament unless they actually elected members to the House of Commons. But this conflicted with the orthodox English principle of “virtual representation”, that is, representation by classes and interests rather than by locality.

Most British officials held that Parliament was an imperial body representing and exercising the same authority over the colonies as over the homeland: It could pass laws for Massachusetts as it could for Berkshire in England.

The American leaders argued that no "imperial" Parliament existed; their only legal relations were with the Crown. It was the King who had agreed to establish colonies beyond the sea and the King who provided them with governments. That the King was equally a King of England and a King of Massachusetts they agreed, but they also insisted that the English Parliament had no more right to pass laws for Massachusetts than the Massachusetts legislature had to pass laws for England.

The British Parliament was unwilling to accept the colonial contentions. British merchants, however, feeling the effects of the American boycott, threw their weight behind a repeal movement, and in 1766 Parliament yielded, repealing the Stamp Act and modifying the Sugar Act. The colonies rejoiced. Colonial merchants gave up the non-importation agreement, the Sons of Liberty subsided, trade resumed its course, peace seemed at hand.

But it was only a respite. The year 1767 brought another series of measures that stirred anew all the elements of discord. Charles Townshend, British Chancellor of the Exchequer, was called upon to draft a new fiscal program. Intent upon reducing British taxes by making more efficient the collection of duties levied on American trade, he tightened customs administration, at the same time sponsoring duties on paper, glass, lead, and tea exported from Britain to the colonies.

This was designed to raise revenue to be used in part to support colonial governors, judges, customs officers, and the British army in America. Another act suggested by Townshend authorized the superior courts of the colonies to issue writs of assistance, thus giving specific legal authority to the general search warrants already hateful to the colonists.

The agitation following enactment of the Townshend duties was less violent than that stirred by the Stamp Act, but it was nevertheless strong. Merchants once again resorted to non-importation agreements. Men dressed in homespun clothing, women found substitutes for tea. Students used colonial-made paper. Houses went unpainted. In Boston where the mercantile interests here most sensitive to any interference, enforcement of the new regulations provoked violence. When customs officials sought to collect duties, they were set upon by the populace and roughly handled. For this, two regiments were dispatched to protect the customs commissioners.

The presence of British troops in Boston was a standing invitation to disorder. On March 5, 1770, after 18 months of resentment, antagonism between citizens and soldiery flared up. What began as a harmless snowballing of the redcoats degenerated into a mob attack. Someone gave the order to fire; three Bostonians lay dead in the snow; and colonial agitators had a valuable issue n their campaign to arouse hostility toward England. Dubbed the Boston Massacre, the incident was dramatically pictured as proof of British heartlessness and tyranny.

Faced with such opposition, Parliament in 1770 opted for a strategic retreat and repealed all the Townshend duties except that on tea. The tea tax was retained because, as George III said, there must always be one tax to keep up the right. To most colonists the action of Parliament constituted, in effect, a "redress of grievances," and the campaign against England was largely dropped. An embargo on "English tea" continued but was not too scrupulously observed.

Generally, the situation seemed auspicious for imperial relations. Prosperity was increasing and most colonial leaders were willing to let the future take care of itself. Inertia and neglect seemed to succeed where bolder policies had failed. The moderate element, everywhere predominant in the colonies, welcomed this peaceful interlude.

7. The Boston "Tea Party"

During a three-year interval of calm, a relatively small number of “patriots” or “radicals” strove energetically to keep the controversy alive. As long as the tea tax remained, they contended, the principle of Parliament's right over the colonies remained. And at any time in the future, the principle might be applied in full with devastating effect on colonial liberties.

Typical of the patriots was their most effective leader Samuel Adams of Massachusetts, who toiled tirelessly for a single end: independence. From the time he graduated from Harvard College, Adams was a public servant in some capacity-inspector of chimneys, tax-collector, moderator of town meetings. A consistent failure in business, he was shrewd and able in politics, with the New England town meeting the theater of his action.

Adam's tools were men: his goal was to win the confidence and support of ordinary people, to free them from awe of their social and political superiors, make them aware of their own importance, and arouse them to action. To do this, he published articles in newspapers and made speeches in town meetings, instigating resolutions appealing to the colonists' democratic impulses.

In 1772, he induced the Boston town meeting to select a "committee of correspondence" to state the rights and grievances of the colonists, to communicate with other towns on these matters, and to request them to draft replies. Quickly, the idea spread. Committees were set up in virtually all the colonies, and out of them soon grew a base of effective revolutionary organizations.

In 1773, Britain furnished Adams and his co-workers with a desired issue. The powerful East India Company, finding itself in critical financial straits, appealed to the British government and was granted a monopoly on all tea exported to the colonies. Because of the Townshend tea tax, the colonists had boycotted the company's tea and, after 1770, such a flourishing illegal trade existed that perhaps nine-tenths of the tea consumed in America was of foreign origin and imported duty-free.

The company decided to sell its tea through its own agents at a price well under the customary one, thus simultaneously making smuggling unprofitable and eliminating the independent colonial merchants. Aroused not only by the loss of the tea trade but also by the monopolistic practice involved, the colonial traders joined the patriots. In virtually all the colonies, steps were taken to prevent the East India Company from executing its design.

In ports other than Boston, agents of the company were "persuaded" to resign, and new shipments of tea were either returned to England or warehoused. In Boston, the agents refused to resign and, with the support of the royal governor, preparations were made to land incoming cargoes regardless of opposition. The answer of the patriots, led by Samuel Adams, was violence. On the night of December 16 1773 a band of men disguised as Mohawk Indians boarded three British ships lying at anchor and dumped their tea cargo into the Boston Harbor.

8. The British repressions

A crisis now confronted Britain. The East India Company had carried out a parliamentary statute, and if the destruction of the tea went unheeded, Parliament would admit to the world that it had no control over the colonies. Official opinion in Britain almost unanimously condemned the Boston “Tea Party” as an act of vandalism and advocated legal measures to bring the insurgent colonists into line.

Parliament responded with new laws-called by the colonists "Coercive Acts." The first one, the Boston Port Bill, which closed the port of Boston until the tea was paid for, threatened the very life of the city, for to exclude Boston from the sea meant economic disaster. Other enactments prescribed appointment by the King of Massachusetts councilors, formerly elected by the colonists; and the summoning of jurors by sheriffs, who were agents of the governor. Hitherto jurors had been chosen in colonial town meetings. Also, the governor's permission would be required for holding town meetings, and the appointment and removal of judges and sheriffs would be in his hands. A Quartering Act required local authorities to find suitable quarters for British troops.

The Quebec Act, passed at nearly the same time, extended the boundaries of the province of Quebec and guaranteed the right of the French inhabitants to enjoy religious freedom and their own legal customs. The colonists opposed this act because, disregarding old charter claims to western lands, it threatened to interfere with the westward movement and seemed to hem them in to the north and northwest by a Roman Catholic dominated province. Though the Quebec Act had not been passed as a punitive measure, it was classed by the Americans with the Coercive Acts, and all became known as the "Five Intolerable Acts." These acts, instead of subduing Massachusetts, as they had been planned to do, rallied her sister colonies to her aid.

At the suggestion of the Virginia Burgesses, colonial representatives were summoned to meet in Philadelphia on September 5, 1774, "to consult upon the present unhappy state of the Colonies." Delegates to this meeting, known as the first Continental Congress, were chosen by provincial congresses or popular conventions. Every colony except Georgia sent at least one delegate, and the total number of 55 was large enough for diversity of opinion but small enough for genuine debate and effective action.

The division of opinion in the colonies posed a genuine dilemma for the Congress: it must give an appearance of firm unanimity to induce the British government to make concessions and, at the same time, it must avoid any show of radicalism or "spirit of independence" that would alarm moderate Americans. A cautious keynote speech, followed by a "resolve" that no obedience was due the Coercive Acts, ended with a Declaration of Rights and Grievances addressed to the people of Great Britain.

The most important action taken by the Congress, however, was the formation of an "Association," which provided for the renewal of the trade boycott and for a system of committees to inspect customs entries, publish the names of merchants who violated the agreements, confiscate their imp0rtations, and encourage frugality, economy, and industry.

The Association everywhere assumed the leadership, spurring new local organizations to end what remained of royal authority. These intimidated the hesitant into joining the popular movement and punished the hostile. They began the collection of military supplies and the mobilization of troops. And they fanned public opinion into revolutionary ardor.

A breach that had been developing slowly among the people widened with the activities of the Association committees. Many Americans, opposed to British encroachment on American rights, favored discussion and compromise as the proper solution. This group included most of those of official rank (Crown-appointed officers), many Quakers and members of other religious sects opposed to the use of violence, many merchants, especially from the middle colonies, and some discontented farmers and frontiersmen from southern colonies. The patriots, on the other hand, drew their support not only from the less well-to-do but from many of the professional class, especially lawyers, most of the great planters of the south, and a number of merchants.

While the course of events after the passage of the Coercive Acts left the loyalists appalled and frightened, the King might well have effected an alliance with them and, by timely concessions, so strengthened their position that the patriots would have found it difficult to proceed with hostilities. But George III had no intention of making concessions. In September 1774, scorning a petition by Philadelphia Quakers, he wrote, "The die is now cast, the Colonies must either submit or triumph." This cut the ground from under the loyalists or "Tories," as they were coming to be called.

GeneralThomas Gage, an amiable English gentleman with an American-born wife, was in command of the garrison at Boston, where political activity had almost wholly replaced trade. A leading patriot of the town, Dr. Joseph Warren, wrote to an English friend on February 20 1775:

"It is not yet too late to accommodate the dispute amicably, but I am of the opinion that if once General Gage should lead his troops into the country with the design to enforce the late acts of Parliament, Great Britain may take her leave, at least of the New England colonies, and if I mistake not, of all America. If there is any wisdom in the nation, God grant it may be speedily called forth!"

General Gage's duty was to enforce the Coercive Acts. News reached him that the Massachusetts patriots were collecting powder and military stores at the interior town of Concord, 32 kilometers from Boston. On the night of April 18, 1775, he sent a strong detail of his garrison to confiscate these munitions and to seize Samuel Adams and John Hancock, both of whom had been ordered sent to England to stand trial for their lives. But the whole countryside had been alerted by Paul Revere and two other messengers.

When the British troops, after a night of marching, reached the village of Lexington, they saw through the early morning mist a grim band of 50 minutemen - armed colonists - lined up across the common. There was a moment of hesitation, cries and orders from both sides and, in the midst of the noise, a shot. Firing broke out along both lines, and the Americans dispersed, leaving eight of their dead upon the green. The first blood of the war for American independence had been shed.

The British pushed on to Concord, where the "embattled farmers" at North Bridge "fired the shot heard round the world." Their purpose partly accomplished, the British force began the return march. All along the road, behind stone walls, hillocks, and houses militiamen from village and farm made targets of the bright red coats of the British soldiers. By the time the weary column stumbled into Boston its losses totaled nearly three times those sustained by the colonists.

9. The congress debates on independence

The news of Lexington and Concord flew from one local community to another in the thirteen colonies. Within 20 days, it evoked a common spirit of American patriotism from Maine  to Georgia.

While the alarms of Lexington and Concord were still re-sounding, the Second Continental Congress met in Philadelphia on May 10, 1775. Its president was John Hancock, a wealthy Boston merchant. Benjamin Franklin, who had returned from London, where, as "agent" for several of the colonies, he had vainly sought conciliation. The Congress had barely organized before it was called upon to face the issue of open warfare. Although some opposition was present, the real temper of the Congress was revealed by a stirring declaration of the “Causes and necessity of taking up arms”, the joint product of John Dickinson and Jefferson:

"Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable.... The arms we have been compelled by our enemies to assume, we will... employ for the preservation of our liberties, being with one mind resolved to die free men rather than live slaves."

Even as the declaration was being debated, Congress took the militia into continental service and appointed Colonel George Washington commander in chief of the American forces. Yet in spite of the military involvement and the appointment of a commander in chief, the idea of complete separation from England was still repugnant to some members of the Congress and to a sizeable portion of the American people. It was obvious, however, that the colonies could not forever remain half in and half out of the British empire.

10. The stiffening of resolution

As the months wore on, the difficulties of prosecuting a war while still part of the British empire became more and more apparent. No compromise came from England, and, on August 23, 1775, King George issued a proclamation declaring the colonies to be in a state of rebellion.

Five months later, Thomas Paine published a 50-page pamphlet, Common Sense, driving home in vigorous style the necessity for independence. Paine, a political theorist who had come to America from England in 1774, even dared to attack the sacred person of the King, ridiculing the idea of hereditary monarchy and declaring that one honest man was worth more to society than "all the crowned ruffians that ever lived." Persuasively he presented the alternatives - continued submission to a tyrannical king and an outworn government or liberty and happiness as a self-sufficient, independent republic. Circulated throughout the colonies, the pamphlet helped to crystallize conviction and to rally the undecided to the cause of separation.

There still remained the task of gaining the approval of each colony to a formal declaration of separation. There was common agreement that the Continental Congress should take no such definitive step as independence without first receiving explicit instructions from the colonies. But the Congress daily heard of the establishment of other new extralegal colonial governments and of delegates being authorized to vote for independence. At the same time, the predominance of radicals in the Congress increased as they extended their correspondence, bolstered weak committees, and fired patriot minds with stirring resolutions.

Finally, on May 10, 1776, a resolution to "cut the Gordian knot" was adopted. Now only a formal declaration was needed. On June 7, Richard Henry Lee of Virginia introduced a resolution declaring in favor of independence, foreign alliances, and American federation. Immediately, a committee of five, headed by Thomas Jefferson of Virginia, was appointed to prepare a formal declaration "setting forth the causes which impelled us to this mighty resolution."

11. Declaration of Independence

The Declaration of Independence, adopted July 4, 1776 - not only announced the birth of a new nation, it also set forth a philosophy of human freedom thenceforth to be a dynamic force in the entire western world. It rested, not upon particular grievances, but upon a broad base of individual liberty that could command general support throughout America. Its political philosophy is explicit:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed: that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

The Declaration of Independence served a purpose far beyond that of a public notice of separation. Its ideas inspired mass fervor for the American cause, for it instilled among ordinary folk a sense of their own importance, inspiring them to struggle for personal freedom, self-government, and a dignified place in society.

The Revolutionary War lasted more than six years, with fighting in every colony. Even before the Declaration of Independence, there were military operations that had an important influence on he outcome of the war - for instance, the crushing of the North Carolina loyalists in February of 1776, and in March the forced evacuation of British forces from Boston.

For many months after independence was declared, the Americans suffered severe setbacks. The first of these was in New York. In the battle of Long Island, Washington’s position became ununtenable, and he executed a masterly retreat in small boats from Brooklyn to the Manhattan shore. The wind held north and the British warships could not come up the East River. Thus British General William Howe lost a chance to deal the American cause a crushing blow, perhaps to end the war.

Washington, though constantly driven back, was able to keep his forces fairly intact until the end of the year. Important victories at Trenton and Princeton revived colonial hopes, then once more calamity struck. In September 1777, Howe captured Philadelphia, drove the Congress into flight, and left Washington to winter with his men at Valley Forge.

Nevertheless, 1777 also saw the greatest American victory of the war, the military turning point of the Revolution. British General John Burgoyne moved down from Canada with a force designed to gain control of the Lake Champlain-Hudson River line and thus isolate New England from the other colonies. Burgoyne reached the upper Hudson River but, before he could proceed southward, was compelled to wait for supplies until the middle of September.

Ignorance of American geography led him to suppose it would be easy for a raiding force to march across the Hampshire Grants (Vermont) down along the Connecticut River and back, collecting horses, cattle, and wagons along the way for the use of his army-all in a matter of two weeks. For this exploit he chose 375 dismounted Hessian dragoons and about 300 Canadians and Indians. They did not even reach the Vermont line. The Vermont militia met them near Bennington. Few of the Hessians ever returned.

The Battle of Bennington rallied New England militiamen, and Washington sent reinforcements from the lower Hudson. By the time Burgoyne again put his force in motion, the army of General Horatio Gates was waiting for him. Led by Benedict Arnold, the Americans twice repulsed the British. Burgoyne fell back to Saratoga, and on October 17, 1777, he surrendered. This decisive blow of the war brought France to the American side.

Conclusion: the final victory of the colonies

From the time the Declaration of Independence was signed, France had not been neutral. The government had been eager for reprisal against England ever since the defeat of France in 1763. Moreover, enthusiasm for the American cause was high: the French intellectual world was itself in revolt against feudalism and privilege. Still, though France had welcomed Benjamin Franklin to the French court and had given the United States aid in the form of munitions and supplies, it had been reluctant to risk direct intervention and open war with England.

After Burgoyne's surrender, however, Franklin was able to secure treaties of commerce and alliance. Even before this, many French volunteers had sailed to America. The most prominent among them was the Marquis de La Fayette, a young army officer, who, in the winter of 1779-80, went to Versailles and persuaded his government to make a real effort to bring the war to an end. Soon afterward, Louis XVI sent to America an expeditionary force of 6,000 men under the Comte de Rochambeau. In addition, the French fleet aggravated the difficulties the British were having in supplying and reinforcing their forces, and Frenchmen joined with American blockade runners in inflicting severe losses on British commerce.

In 1778, the British were forced to evacuate Philadelphia because of threatened action by the French fleet. During the same year, in the Ohio Valley, they suffered a series of setbacks which assured American domination of the northwest. Nevertheless, the British continued to press the war in the south. Early in 1780 they captured Charleston, the principal southern seaport, and overran the Carolina country. The following year they made an effort to conquer Virginia. But the French fleet, which temporarily gained control of American coastal waters that summer, ferried Washington's and Rochambeau's troops in boats down Chesapeake Bay. Their combined armies, totaling 15,000 men, penned in Lord Cornwallis’ army of 8,000 at Yorktown on the Virginia coast. On October 19, 1781, Cornwallis surrendered.

When the news of the American victory at Yorktown reached Europe, the House of Commons voted to end the war. Peace negotiations began in April 1782 and continued through November, when preliminary treaties were signed. These were not to take effect until France concluded peace with Great Britain. In 1783, they were signed as final and definitive. The peace settlement acknowledged the independence, freedom, and sovereignty of the 13 states, to which it granted the much coveted territory west to the Mississippi, and set the northern boundary of the nation nearly as it runs now. The Congress was to recommend to the states that they restore the confiscated property of the loyalists.

Bibliography

1. Billias, George Athan, ed. The American Revolution: How Revolutionary Was It? New York: Holt Rinehart, and Winston, Inc., 1990.

2. Beard, Charles A. and Mary. Basic History of the United States. New York: Doubleday, Doran, and Company, 1944.

3. Eliot, George Fielding. American Revolution. Microsoft Encarta CD-ROM 1997

Hafstadter. The United States. 4th Ed. 74, 76-77, 80.

4.  Brinton, Crane. The Anatomy of Revolution. Vintage Books: New York, 1965

5. Greene, Jack P. The American Revolution, Its Character and Limits. New York University Press: New York, 1987.

6. Miller, John C. Origins of the American Revolution. Stanford University Press: Stanford, 1959.

7. Thomas, Peter D.G. Tea Party to Independence: The Third Phase of the American Revolution, 1773-1776. Clarendon Press: Oxford, 1991.

8. Olsen, Keith W., et al. An Outline of American History. As reprinted on the Internet http://www.let.rug.nl/~usa/H/.

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About the Author

Michael Newman - Tutor,Writer,Economist:
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A Complete Quick Overview Relating To » Employment Law Orlando Florida

Saturday, July 4th, 2009

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Setting Up Quickbooks Part Two: Taxlines

Setting Up Quickbooks Part 2 What to Do with the Tax Lines

 By David Roberts

 Introduction

 I can remember real well what my grandmother would say when her guests would load up more on their plate than they would eat. "Don't bite off more than you can chew." Or, "His eyes were bigger than his stomach." When I planned this article, I knew there was a lot of information, but doing all of it may have been ‘biting off more than I could chew'. So, I am going to break this article up into two so that I can be fair to each and every one of you who may be struggling to figure out what to do with that last line in the edit accounts window. The first article will cover the Schedule C Income and Deductions part of the tax line and the second will examine the K1 and Balance Sheets along with the M-1 and the 8825A-E forms.

 

Remember that this is what I do for a living, so I have to know this information, I have to get excited about it, (yes I know, I need a hobby) because it's a big part of my practice. Don't feel bad if you happen to nod off in the middle of information about this or that section number, I will attempt to make this as informative and entertaining as the subject of taxation will allow. (The IRS doesn't like it when we have fun discussing taxes!)

 

 

II. Schedule C Income and Expenses.

 

 

Depending on the version of Quickbooks you have, you may or may not see the description ‘Schedule C' in the tax line information. Regardless this is the place that you would put income and expenses for your business.

 

•1. Gross Receipts or Sales - You may have as many income accounts as necessary and assign this tax line to them. Whether you call the accounts daily sales, or Credit Card sales, it is revenue brought in to the business by your daily activities.

 

•2. Returns and Allowances - When you purchase items for your business, sometimes it becomes necessary to return them to the vendor. You can't delete the original entry or purchase information but you can record the return using this tax line because technically, though it is not revenue, it is income, because your money is being returned to you.

 

 

•3. Other Income - This covers income not generated through sales or returns, interest on your business checking account (not investments, that is another line.) charges that you pass on to your clients, bounced checks, late fees, etc. This will help you distinguish what your business is generating on a regular operating basis and will help give you a more accurate picture of your finances.

 

 

•4. COGS (Cost of Goods Sold) - Purchases - for those businesses that must purchase materials to construct or build products for their customers. A stool manufacturer for example must purchase the legs, the seat, the cushions separately and sometimes from different vendors. A retail store must purchase goods for resale. This is where those purchases must go.

 

 

•5. COGS - Cost of Labor - These are not salaries, these are the costs of getting the product built and out to the customer. Subcontractors' labor, etc would go here.

 

 

•6. COGS - Additional Section 263A Costs - This involves the capitalization of certain items of inventory in the possession of the company owner. The good news is that unless the business is producing more than $10,000,000 a year, chances are, this won't apply to you.

 

 

•7. COGS - Other Costs - If it costs your business to get the item shipped to you or shipped to your customers, that's where this expense goes. Shipping marketing materials, or items for use in your business does not go here.

 

 

Deductions

 

 

•8. Compensation of Officers/Shareholders - If you have your business set up to pay you a regular salary, that amount would go here. The good news is that most business owners who initially started their companies, if they have put a sizable investment in, can draw out some of their ‘pay' in a Distribution to Shareholder category, which means you will only be taking out part of which you put in, and thus, it is not taxable personally to you. A lot of small businesses do not even pay out to the owners until the business is on more solid footing.

 

 

•9. Compensation of Other Officers - Same as above without the Distribution option unless the ‘other' officers are partners who invested in the corporation too.

 

 

•10. Salaries and Wages - This is of course, where you put in what you paid your employees, not the 1099 vendors, but the weekly, hourly workers.

 

 

•11. Repairs and Maintenance - This one is self explanatory, just make sure that your accountant is depreciating your machinery correctly so that the costs of repairs doesn't escalate beyond the useful life of the asset.

 

 

•12. Bad Debts - What is a bad debt? When you sell goods or services on account, be aware that some clients won't pay you. Be prepared to either confiscate the goods sold, or continue to bill for services. At what point does the debt become bad? I'd say probably past 180 days and your chances of collecting are close to zero. There are two ways of handling bad debts in your accounting. One, the Allowance for Bad Debts account. This assumes that a certain percentage of your Accounts Receivable will turn bad. (.5 - 2%) You create the account in QB and estimate that a certain percentage will never pay and you put it into this account. Two, only count those who have indicated that they will not pay or cannot pay and add them to the Bad Debts account after 180 days. Keep in mind that if a bad debt does get paid in a following year, you have to make a reverse entry to take that amount from the bad debt account and put it back into accounts receivable.

 

 

•13. Rents - Office space, warehouse space, storage space all goes here.

 

 

•14. State Tax - These are NOT state sales taxes, these are state taxes you pay to operate your business.

 

 

•15. Local Property Tax - County, City, Parish, etc charges that you pay for to own property in that particular county, city or parish.

 

 

•16. Payroll Taxes - Quickbooks puts the appropriate payroll taxes here automatically when you subscribe to the Add on service of Assisted Payroll. (see the article entitled, "Using Add On Services" for more information) If you are not subscribed to QB payroll you have to enter in the correct information as to employee and employer contributions to Social Security and Medicare.

 

 

•17. Other Misc. Taxes - In Northern states that seem to tax residents and businesses out of existence, things like parking taxes, etc would go here. Have you considered moving to Florida?

 

 

•18. Licenses - Each occupation (legal ones, that is) requires a license to operate. These are usually paid to the county separately from the county taxes. Those fees would be in this tax line.

 

 

•19. Interest Expense - Are you paying interest expenses? Again, this is self explanatory.

 

 

•20. Depletion - This is the natural resources version of Depreciation, so unless your business owns forestry land, oil reserves, or farms, you won't have to deal with Depletion.

 

 

•21. Advertising - Experts say that unless you are spending 10% of your revenue on advertising, you are not spending enough. However, you have to be wise about it. Any kind of marketing from yellow pages ads (least effective) to radio, television and bench ads would go here.

 

 

•22. Pension/Profit Sharing - A deal you might make with potential employees is to pay less hourly and pay bonuses based on performance. This keeps a sort of ‘ownership' attitude amongst the employees and the bonuses would be put here.

 

 

•23. Employee Benefits - Insurance packages, etc would be put here.

 

 

•24. Meals and Entertainment - When going about your daily business you have to eat. Remember that only 50% of these expenses are deductible, however, if you have a staff party and pay for a meal for all of them, it is all deductible. Oh, and the IRS isn't stupid, you can't have a staff party every day.

 

 

•25. Other Deductions - If you are unsure of the category and it doesn't seem to fit anywhere above, use this one and be sure to ask your accountant later where it would go.

 

About the Author

Homesoon Accounting servicing Kissimmee, St. Cloud, and Southeast Orlando offers help in tax preparation, Quickbooks consultation and fraud prevention management, with ten years experience in helping individuals and small businesses with their tax issues and bookkeeping. Since this is a home based business we don't have to pay rent on an office for 12 months with a 4 month income, like the national franchise offices do and we pass that savings on to you.

Age Discrimination in the Workplace, by Florida Employment Lawyer, Mark Trank

Another Quick Summary On The Subject Of » Employment Law Custom And Practice In Addition To Similar Analyses

Tuesday, June 30th, 2009

[mage lang="" source="flickr"]employment law custom and practice[/mage]
Employment Law -Contract Question?

I have worked for my employer for several years, though I have never been given a formal contract, so as I understand it my 'implied contract' is based on any documents given during the course of my employment and also the custom and practice of the firm. I have recently been asked to work at a time that not I nor anybody else has ever been asked to work, I understand this to be a breach of my implied contract, so I lodged a complaint, to which I anticipate a less than favourable response. My question is, would my employer be able to force me to sign a new contract which force me to do this?

No, your employer cannot change your hours unless you agree,however if because of current economic climate,they ask all workforce to change hours,then majorirty vote counts.Employment law states that all workers must receive "Contract of employment", coourts will also take into account your "historical" hours worked.contact your nearest citizens advice burueau if you have any problems.

Pinoy Memories 36

A New Brief Synopsis In Regard To » Employment Law Job Description Change Together With Similar Research

Thursday, June 11th, 2009

employment law job description change
Employment Law?

Is it legal to change job title and job description significantly between the time the job is accepted and the time the job is started without informing the candidate and giving the option of accepting or declining the revamped position?

Advertising Job A, presenting Job A, luring away and hiring for Job A and then assigning Job F is, best case, completely unprofessional. Does anyone know the legality of it?

I can't just quit because of the relocation package I will then be responsible for repaying! I know this may vary from State to State but any information or direction will be greatly appreciated.

The first case I ever tried involved the same scenario. Plaintiff was an overseas worker who would worked for a steel company. He would work six months in Saudi Arabia, the be off for six months. He returned from an overseas assignment and the company laid him off -- but they didn't tell him. During his six months off, he turned down two job offers.
At the end of his off period, he was finally informed that he had been laid off.

We sued under a theory called promissory estoppel. The employer made a representation which the employee relied on, to his damages. We won and the judgment was upheld on appeal. It was a Texas case.

In your case, the new employer lured you away from one job based upon promises that were not true. You were damaged by your justifiable reliance on their promise. Does this mean that you will win a case against the employer? Probably not. The employment at will doctrine doesn't technically apply to this scenario, but you have to have a good lawyer to demonstrate that to the court.

I cannot imagine any court finding you liable for repaying the relocation package. You accept that package based upon their representations that you were going to have Job A. Unless they had some language somewhere advising you that they could change the job assignment at will, then I would think you'd have a defense for the relocation expenses.

Interestingly, you have a better chance of winning on either claim if they made the change to Job F before you commenced work. If they did it a few months after you started work, you probably will be defeated.

GIS Careers by ESRI: Geographic Information System Manager - A Day in the Life

The Latest Quick Synopsis With Regards To » Illinois Employment Law Blog Coupled With Other Research

Tuesday, June 9th, 2009

[mage lang="" source="flickr"]illinois employment law blog[/mage]

You Can Stop a Wage Garnishment in Missouri and Illinois

If you are suffering from large amounts of debt, you are probably already familiar with a wage garnishment. For those of you who are not, a wage garnishment is a fairly common tactic used by creditors to collect a debt where they take a portion of your paycheck. How do they do it? They can actually get a judgment from a court to take a percentage of your wages to pay a debt that is owed to them. Wage garnishments do expire, but creditors will often renew them with the court or take further action if you still owe on the debt.

So what are the laws on wage garnishments in Missouri and Illinois? A creditor is allowed to take up to 25% of your income. It is limited to 10% if you are head of household. These minimums don't apply to every debt. Creditors can take up to 65% if the garnishment is for a child support debt. Your employer isn't allowed to fire you solely based on the garnishment but they will definitely be made aware of your financial trouble, which could be embarrassing.

Luckily, you can stop a wage garnishment. You can stop a wage garnishment immediately by filing for bankruptcy--even those for back child support or alimony. And either chapter 7 or chapter 13 can stop your garnishment. Not only can chapter 7 and chapter 13 bankruptcy in Missouri and Illinois stop a wage garnishment but it can also typically even get the money that was garnished back. Preference, a bankruptcy process, can actually help you recover some if not all of your garnished wages. You can recover some of your garnished wages through preference. The U.S. Bankruptcy Court defines a preference as, "a debt payment made to a creditor in the 90-day period before a debtor files bankruptcy that gives the creditor more than the creditor would receive in the debtor's chapter 7 case." A preference means that money that was collected by the creditor in a certain period of time before filing (usually 90 days) can be recovered and given back to you.

The protection of the bankruptcy code is powerful and the ability to stop a wage garnishment is just another example. If your wages are being garnished, you would be well-advised to contact a Missouri or Illinois bankruptcy attorney immediately. Often, people aren't sure when to file bankruptcy or when they can say, "enough is enough." If you are at the point of receiving a wage garnishment, it is definitely time to at least look at your options. Most bankruptcy attorneys in your area will offer free consultations but the best bankruptcy attorneys will offer you articles, blogs, and books full of information before you even set foot in the door. Make sure you truly research an attorney that has enough experience to really help you stop your wage garnishment and get a fresh start on your debt.

About the Author

Missouri Bankruptcy attorney James Brown has been working to relieve the debt of average, hard-working American families for over 15 years. He has dedicated his career to educating consumers about their options for debt relief and has consequently released 5 publications, including, "Get Out of Debt: Secrets Your Creditors Don't Want You to Know." You can find more information by visiting his website at http://www.CastleLaw.net .

The Reality As It Pertains To » Illinois Employment Law Employee In Addition To Other Research

Monday, June 8th, 2009

[mage lang="" source="flickr"]illinois employment law employee[/mage]
What can happen if someone tells me i'm being fired before my superior tells me?

Today I found out I'm getting laid off end of the month, but was told by an employee at the same level of employment as me, before my boss told me. The other employee was told the exact details and everything about it before i was, and told me before my boss did.

What are the laws regarding this? I live in Illinois if that helps. Can i keep my job since the management told other employees before hand?

I wouldn't waste any time going to the Human Resources department and filing a complaint. It may not help you keep your job but it does put them on notice that managers may not be following policy. If that's the case, they may postpone making any decision on your job.

Good luck.

Employee Whistleblowers in Illinois

About » Public Employment Law North Carolina

Sunday, June 7th, 2009

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Can Employers Increase Productivity and Reduce Healthcare Costs at the Same Time?

Employers can and should encourage healthy lifestyles from their employees. It not only improves their productivity which is good for the company, it DIRECTLY saves health care costs!


Duke University just came out with a very interesting study. The study looked at workers' compensation data for 11,728 Duke University employees who received health-risk appraisals over a seven-year period.


What were the results for obese employees (compared to those who are not obese) as published in the Journal of Internal Medicine?


* Obese employees filed twice the number of workers' compensation claims


* Obese employees' medical costs from those claims were seven times higher


* Obese employees stayed out of work 13 times longer after a work-related injury or illness


* Obese employees medical claims cost per 100 employees per year was 51,019 USD compared to $7,503 USD for non-obese workers


* Obese employees lost 183 days of work per 100 employees as compared to 14 days for non-obese workers (thats 13 times more!)


Yeah but those guys were OBESE. Well it doesn't look good for the overweight/mildly obese either...


* Overweight employees took four times the number of days off after being injured or getting sick at work.


* Mildly obese employees took five times as many days off after being injured or getting sick at work.


And what are employers doing? The study reveals that...


"As many as 40 percent of employers are giving workers products, cash or health insurance discounts to lose weight," said Laura Linnan, the study's principal investigator and a professor at the University of North Carolina's School of Public Health.


Employers are getting scared off as well. Dr. Jay Bhattacharya, assistant professor of medicine and health economist at Stanford University co-authored a 2005 study that showed employers compensate for anticipated higher medical costs of obese workers by paying them less than slimmer employees and passing them over for promotions.


What are we gathering from this?


Being obese or overweight is bad enough for the person who it affects... but it is also bad for employers because health care costs eat into profits.


The problem is quite basic, but the solution may not be as easy. We need to approach this troubling issue with a corporate fitness solution. 3 actions that employers must take...


1. Adopt a fitness culture starting from the CEO knowing that it is best for the company


"We all know obesity is bad for the individual, but it isn't solely a personal medical problem -- it spills over into the workplace and has concrete economic costs," Dr. Truls Ostbye -author and professor of community and family medicine


Well, if its not a personal or private medical problem then it becomes a community problem. The means that the problem is really big, but once it is solved, the solution is more lasting. Solutions that involve the community simply work better. This works for problems like gang violence or addiction to other vices as well. From my experiences as a fitness professional, community solutions work for health goals as well. Kickboxing, pilates, yoga, aerobics and other fitness classes or group activities have a higher penetration rate (about 12-15% in most health clubs) than personal training (2-3%). groups classes encourage people to stay on longer as well.


A community solution to corporate fitness has to be built into the company culture. Usually this is dictated by a CEO or a board of directors. If they spend time reading articles such as this one, they are probably knowledgeable about the problems facing corporations in today's world. They are also probably aware that companies which have an adaptive culture that is able to handle changing circumstances tend to do really really well. 2-3 times as well profit-wise according to some studies. In addition, setting a fitness culture shows concern for employees (and allows them to be more productive) and in the long run costs less than paying for medical bills. As a minor side note, your employees will look healthy too and that in itself has its own host of benefits.


Once the CEO has decided that a fitness culture is needed and is in fact the course that the company needs to take, he can implement it in the same way he makes most culture changes


* Align your company culture with your strategic goals (being fit saves money, makes your employees more productive and more attractive to customers, and increases profit)


* Develop a specific action plan that can leverage the good things in your current culture and correct the unaligned areas. (free employee breakfasts on Fridays may be good, but making it doughnuts and pancakes is BAD)


* Brainstorm improvements in your formal policies and daily practices. (allocate some work time to fitness and health education and activities, ensure managers lead by example, bringing healthy food into the cafeteria, allow 15 min breaks during work for healthy snacks)


* Develop models of the desired actions and behaviors. (how many hours a week minimum that an employee must exercise, social support and encouragement to make healthy eating not just acceptable but preferable, all management staff must enthusiastically take part)


* Communicate the new corporate fitness culture to all employees (tell everybody about it)


* Over-communicate the new corporate fitness culture and its actions to everyone. (tell everybody about it again and again, with checks to ensure that the new culture is followed)


Remember, often people don't do what you EXPECT. They do what you INSPECT.


2. Look for a professional you can trust


A respected fitness professional is a real asset to a corporation. Think about it. Companies get accounting firms to do their accounts and taxes, they get law firms to do their legal documents, and they get business consultants to check their business processes. Shouldn't they get a fitness professional to handle corporate health and fitness?


Not at all. The best fitness pros will know how to approach corporate fitness. A fitness professional will be able to help you set up and run a health facility, fitness classes, provide talks to encourage employees to live healthy, design individualized training for those who need it, and provide good care for those with extreme obesity or past injuries and medical conditions.


3. Only accept success


No CEO would accept sub-standard work by an employee, neither would they accept failure on important projects, they wouldn't accept a lack of integrity with regard to finance either. Shouldn't this be the case with the company fitness program?


Like point 1 mentioned, this brand new program has to be enforced. It's a kind of "tough love" that needs to happen. Hey Mr. CEO...take attendance at fitness classes, walk around the cafeteria at lunch to see what people are eating, do your managers speak as positively and motivationally about the fitness program as they do about meeting project deadlines?


There are only good things that can come out of a corporation that has a fitness focus. Corporate fitness has come a long way. I do know of companies that have gyms and health facilities for their staff.


But as usual we need to look for the person before we provide the place and the program. In this case there are 2 people. The CEO who is willing to implement change, and the fitness professional who knows how to get results.

About the Author

Coach Jonathan Wong is Singapore's Top Personal Trainer and Fitness Expert. He is a sought after author on corporate fitness and is a member of Men's Health Advisory Panel. Organizations come to him to help them boost staff productivity and health. He has helped hundreds of Singapore residents achieve their fitness goals. Get a free 1500 page e-book and constant newsletter and blog updates at http://www.coachjon.com

Rev. William Barber on NC Public Employee Collective Bargaining

A Revealing Discussion And Overview Regarding » Employment Law Clinic Maryland Coupled With Other Research

Sunday, May 17th, 2009

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Insurance Rates Q&A

Are farmers hiring "cross border workers" from Mexico going to start paying for form insurance& US income rate?
Whether you call them illegal aliens or guest workers, the farmers who hire the workers from Mexico resembling to use them because they pay them less than what an American would hold to be paid, and they don't have to payment for health...

Are Farmers Insurance rates competitive?
My friend has auto insurance with them and claims they raise his insurance rates 4 consecutive times (every 6 months). He has 3 cars with them and no accident nor tickets during this period. Is this normal other insurance companies to be raise their rates during the last 2 years? I mean the reduction sucks and...

Are form insurance rates base on ethnicity?
are rates higher for mexicans or blacks? and why?? No, rates cannot be based on ethnicity. It would be considered discrimination and it's wicked. Agent https://www.anyhealthinsurance.com No, the rates aren't based on ethnicity. Therefore, there's no difference in rates between Mexicans (which is in fact a NATIONALITY, not an...

Are here any coupé insurance companies that don't use a social wellbeing # when determining your rates?
I think it is horrible that they base vehicle insurance rates on your credit history. Having bad credit doesn't make you a discouraging driver. If they are worried about you paying the bill, why do they make it HIGHER if you hold bad credit?...

Are home insurance rates more expensive on a townhouse than a single family circle home?
No doubt the easiest way to carry insurance quotes is on the web. Why would you waste your time on the phone calling around? the ending time i needed quotes on insurance i used one of these comparison sites and it was great. this is...

Are insurance agents required to elevate rates if you procure a speeding ticket?
I have State Farm in Tennessee, and I a moment ago want to know if when an agent finds out about a speeding ticket, do they have to bump up your monthly insurance rate? Or is it optional? How does this work? If this helps. I'm...

Are insurance rates base on updated statistics of accident by sexual category and age?
Or are they based on old statistics 20+ years ago? When I influence updated statistics I mean statistics from last year, the year formerly, etc. In my opinion, accidents rates are greater for men because men drive more than women, so of course accident rates...

Are insurance rates different for a lift Toyota Tacoma a bit than a typical one?
I know i'm getting a used Toyota Tacoma, under 100K mileage, and I really want a lifted one, but I call for to know if insurance rates are different? I don't know if the rate will be different. Call an insurance agent and ask. But I...

Are insurance rates for dodge chargers difficult than a mundane saloon; i.e. corrolla?
At first,you may collect some infomation by inputing the relevant keywords in search engine,if you find good luck there,after your problem is solved.nevertheless,if you could not find the ideal answer for your question by doing that,here http://www.AutoInsuranceFree.info/free-auto-insurance.htm is the resource i suggest. This...

Are insurance rates superior for teen girls or boys.?
My dad keeps telling me my insurance will be sophisticated because im a girl. but i am pretty sure its the other way around. thanks for your answers. btw. dont donate answers about it depends on what kind of vehicle. just any car. Definitely Boys. ~~Our insurance (State Farm)...

Are my insurance rates feasible to budge up?
I have joint custody of my 15 year ancient with her father. She lives with him. Will my rates progress up when she gets her permit since she does not "legally" live here even though she will plausible be driving my vehicle? Time to call your agent. You have to roll her on...

Are my sports car insurance rates everyday?
I'm looking to buy a 2004 hyundai tiburon gt and the insurance company said it would be 1100 every 6 months. My second choice was a 2005 mazda3 I. Once again, rate would be 965 every 6 months. Even the tiburon base would be over 1000. I'm a 17 year ancient boy. Which explains...

Are nearby any MD field that own little to none malpractice insurance necessity or low insurance rates ?
Unlike fields of Surgery ? There are three doctors practicing medicine contained by the Houston area, who do not carry malpractice. It's not REQUIRED, unless you want hospital priveleges. Dermatology?

Are our form insurance rates so giant because of the removal of competition surrounded by the flea market?
http://www.consumerwatchdog.org/patients? Interesting, this an overall summery of links to analysis and other information regarding the matter - making facts that the reason why our insurance rates are so high is because of a monopoly. The study shows that surrounded...

Are rates for disability insurance different contained by different states?
To clarify: I own Guardian own-occupation disability insurance, which was initiated in California. Given a recent income increase, I am eligible to exercise a rider to increase my disability coverage. Are my premiums going to stir up a different amount if I increase my coverage through my agent in CA than...

Are strength clinincs that don't adopt insurance and proffer lower rates to patients any biddable?
I keep hearing a radio commercial about a clinic in our nouns that does not accept any form of health insurance (can't suggest of the name) and that becuase of this they are able to offer low rates to their patients. Do you judge places...

Are the cost of cobra insurance rates lower?
Is it possible that the continuing coverage (COBRA) insurance premium is actually lower than what a person is paying through their employer? It seem odd to me that this person be offered COBRA insurance at $370.00 per month, yet was paying $426 per month through their employer. I don't reflect this...

Are the insurance companies getting in place to try to incline homeowners rates again?
http://www.msnbc.msn.com/id/23982482/ It is quite likely they will, considering the ever-increasing cost of recovering from inborn disasters, including wildfires. Source(s): http://www.homeownerswiz.com/ Wait and see... Rates vary company to company, region to region. In the Northeast, homeowners premiums are going down (we...

Are Title Insurance Premium Rates set by imperative within Virginia?
Is every company selling title insurance in Virginia legally bound to outdo through rates as dictated by the state, or does rate premium depend upon particular insuer? Title insurance is an approachable economy-- capitalistic activity; thus, no fixed rates Source(s): RE broker Title insurance rates are not mandate by law....

Are Virginia coup insurance rates cheaper than Maryland's?
I live in the DC area and I'm trying to amount out the pros and cons of living in the Virginia or Maryland suburbs. I heard a rumor that if I move to Maryland, my insurance company will jack up the rates. Does that nouns right? Why would the rates...

Are you set for your motor insurance rates to shift through the roof, within oh...3 months?
Because that is what will happen when Mexican truckers start driving where on earth every they want in the USA. How can people presume that this will not affect them? Hopefully it will wake general public up to this growing problem!! Ours freshly...

Are your medical insurance rates going up due to Obama attention to detail?
The CEO of a large Casino distributed an informational card stating a lot of individuals were concerned about their form care insurance. He stated the company would be absorbing the additional 10% increase versus more money coming out of personnel paychecks for the first year. Anyone...

Aren't abandonned houses charged a greater insurance rate?
Owners of unoccupied homes do pay a higher homeowners insurance premium than owners of homes that are populated, but I would think that a vacant house that's be abandoned would not even have homeowners insurance on it. If you're conversation about a house that is derelict and unfit for human habitation, you won't...

As freight forwarding is mark up shipment insurance rate allowed? Is it againts the ruling?
Cargo insurance rate premium from underwriter can be mark up by the broker and at the same time by freight forwarding is this allowed and but for is there any law against this. Or article within regards to this. No if they cal it only...

At current rates and increases, will I be paying 25,000 a year for form insurance?
Every year my health insurance goes up and the deductible get higher. It went up 15% concluding year while normal inflation says it should walk up at 3%. I am paying 500 a month for myself only...that is after duty money so I must make 750...

At what age does motor insurance drop to a run of the mill rate?
im 16 and i wanna wait til a certain age so i dont enjoy to pay alot for the insurance about 20 to go to okay rate then way cheaper at 26 if u own a good drivers record from my experience with insurance within...

At what age does that excessively soaring sports car insurance rate reduce for infantile men?
25 is the lucky age. I am 1 month away from that high point. Also, your best shot at decreasing your rates is by getting married. My rates went down 40%! when I got married. Source(s): Life Experience usually around 24 or...

At what age does your saloon insurance rate progress down?
I am 22, I own a new truck, and my insurance is really expensive. what age does the rate go down? I am waiting for the subsequent school semester to start so I can get my accurate student discount.. thanks. After have five children on my insurance, its...

Average insurance rate for BMW 5 series and Lexus RX?
What are the average insurance rates for a BMW 530 or 5 series in general? I can work out that it may vary based on location and the driving history of the driver and perchance other factors too but still there have got to be an average? Also, how does...

Average insurance rates for a retail store?
What would be the average insurance rate for a retail store that sells books? How much more would it be with a children's unit? If a child was injured in the play clause how much would the rates spike up? I need this for an economics class where we are abstractly building a buisness...

More Insurance Ratesquesions please visit : InsuranceQuotesFAQ.com

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The Law Offices of Harry Waddell - Employment Law

A Limited World Wide Web Summary Of Employment Law Section 20 Together With Comparable Studies

Friday, May 1st, 2009

employment law section 20

Here'S What Businesses Need To Know About The New Tax Law

The recently enacted "American Recovery and Reinvestment Act of 2009" (2009 Economic Stimulus Act) includes a wide-range of tax incentives. Extension of Bonus Depreciation Last year, Congress temporarily allowed businesses to recover the costs of capital expenditures made in 2008 faster than the ordinary depreciation schedule would allow by permitting these businesses to immediately write off 50% of the cost of depreciable property acquired in 2008 for use in the United States. The new law extends this temporary benefit for qualifying property purchased and placed into service in 2009. Extension of Section 179 In order to help small businesses quickly recover the cost of certain capital expenses, small business taxpayers may elect to write off the cost of these expenses in the year of acquisition in lieu of recovering these costs over time through depreciation. Last year, Congress temporarily increased the amount that small businesses could write off for capital expenditures incurred in 2008 to $250,000 and increased the phase-out threshold for 2008 to $800,000. The new law extends these temporary increases for capital expenditures incurred in 2009. Expanded Carryback of Net Operating Losses Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less. Incentives to Hire Unemployed Veterans and Disconnected Youth Businesses are allowed to claim a work opportunity tax credit equal to 40% of the first $6,000 of wages paid to employees of one of nine targeted groups. The new law expands the work opportunity tax credit to include two new targeted groups: (1) unemployed veterans; and (2) disconnected youth. Individuals qualify as unemployed veterans if they were discharged or released from active duty from the Armed Forces during 2008, 2009 or 2010 and received unemployment compensation for more than four weeks during the year before being hired. Individuals qualify as disconnected youths if they are between the ages of 16 and 25 and have not been regularly employed or attended school in the past 6 months. Accumulated AMT and R&D Credits The new law extends the provision contained in the Foreclosure Prevention Act of 2008 and allows AMT and loss taxpayers in 2009 to receive 20% of the value of their old AMT or research and development (R&D) credits to the extent such taxpayers invest in assets that qualify for bonus depreciation. Delayed Recognition of Cancellation of Debt Income To benefit certain businesses that buy their own debt at a discount, the new law lets the businesses recognize cancellation of debt income over 10 years for specified types of business debt repurchased by the business in 2009 or 2010. Qualified Small Business Stock The new law increases the exclusion for gain from the sale of certain small business stock held for more than five years from 50% to 75% for stock issued after the enactment date and before 2011. S Corporation Holding Period The new law temporarily shortens the holding period of assets subject to the built-in gains tax from 10 years to 7 years. Estimated Taxes The new law decreases required estimated tax payments for individuals whose incomes primarily come from a small business in 2009. Rather than being required to make quarterly estimated tax payments based on 100% of their 2008 returns, the new law allows computation based on 90%. To qualify, the individual's adjusted gross income must be less than $500,000 and he or she must certify that more than 50% of the gross income shown on his or her return for the prior tax year was income from a small business. Income from a small business generally means income from a trade or business with an average number of employees of 500 or fewer.

About the Author

Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less.
http://www.provisionwealth.com

Tae Kwon Do Child Abuse & Risk

The Truth As It Pertains To » Recent Employment Law News Along With Other Studies

Sunday, April 26th, 2009

[mage lang="" source="flickr"]recent employment law news[/mage]
Test Drive! Law School Paying Firms to Hire Graduates
The Law Blog chats with Jon Attanasio, the dean of the law school at SMU, about a new program that pays employers to try out SMU students and graduates before extending to them full-time employment.
Workers Compensation News For 9/10/2008

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The Truth Of The Matter As It Correlates To » European Employment Law Holidays As Well As Similar Research

Tuesday, April 21st, 2009

[mage lang="" source="flickr"]european employment law holidays[/mage]
Hewitt on Europe
Euro squeeze brings fresh EU integration impetus
Europe, what's up? German Promotion for the EU elections 09

A Quick Net Synopsis Of » California Employment Law Medical Insurance As Well As Similar Analyses

Saturday, April 11th, 2009

[mage lang="" source="flickr"]california employment law medical insurance[/mage]

When Should You Seek Advice From a California Personal Injury Lawyer?

When you suffer personal injury through negligence, you need to seek the help of an experienced California personal injury lawyer. Some accidents that can be considered in this category include dog bites, motorcycle accidents, burn injury, brain injury claims and construction accidents just to name a few. Nursing home abuse also falls under this sector of the law. Any catastrophic injury is reason to consult a lawyer immediately.

Many people are injured on the job, and workers compensation can sometimes have long delays. Your expenses still go on, and even if you do receive your payments it may still be insufficient. Your attorney will make sure your expenses are covered, through meetings with your employer to make sure you are getting a fair assessment. If not, he will fight for you in court to make sure you are fairly compensated.

Many accidents are traumatic, and cause long term serious physical and psychological effects. Burn injuries can be especially devastating, because of the expanse of time it takes for healing, the scars that remain, and the staggering financial costs.

California personal injury lawyers understand California state laws, and what they can do to get their clients the compensation they deserve. Often, the circumstances behind hiring an attorney are caused by negligence and outright disregard by another person for the safety of the victim. Tragically, some accidents are caused by intentional misconduct.

If you become injured through the negligence of another, consulting a California personal injury lawyer is the first step you should take after seeking medical attention. An experienced attorney will help you decide if you have a claim, and if so help you get diagnostic tests to provide necessary information that could actually strengthen your case.

What are some other steps a good attorney will take? A dedicated lawyer will get involved from the minute you arrive at their office, and contact the insurance company if you need to get your vehicle repaired. They will also start the process for the injury claim, and make sure that you get the proper care to make a full recovery from your injuries to help alleviate future suffering.

When you decide to search for the best injury lawyer, there are a few characteristics that should help you make the right choice. Legal expertise, skill, professionalism and knowledge are a good foundation for choosing an attorney that will win your battle. You should also be provided with past testimonials or case results to ensure you are hiring a lawyer or attorney with expertise in their industry.

Most reputable lawyers will set up a free initial consultation, to make sure that you have a case. With their knowledge of the laws in California, they will use the facts to decide if your case is legitimate. They will also help you decide what a fair compensation would be for your injuries and other losses you have suffered such as vehicle, medical and lost work expenses.

If you have been injured through negligence, contact a California personal injury lawyer who has legal expertise in this field. Doing so will allow you to be compensated fairly for your pain and suffering!

About the Author

Joel McLaughlin

Learn more about Los Angeles Personal Injury Attorney

Learn more about Los Angeles California Personal Injury

Menekshe, Cardwell & Ruiz, Attorneys at Law

A Small Synopsis About » California Employment Law Primer

Friday, March 27th, 2009

[mage lang="" source="flickr"]california employment law primer[/mage]

Dangerous Mexican/u.s. Criminal Enterprises Operating Along the


Michael Webster: Investigative Reporter May 1, 2008 8:00 PM PDT

The overwhelming influence and power of the Mexican Drug Cartels who are the

Mexican drug trafficking organizations and criminal gangs operating in Mexico and the United States.

They have emerged in recent years as the most dangerous and politically influential drug traffickers in the western hemisphere if not the world. The Mexican cartels have existed for some time, they have become increasingly powerful with the demise of the Medellin and Cali cartels in Colombia and have now come to dominate the U.S. illicit

drug market and other criminal enterprises.

According to the National Drug Intelligence Center, Mexican cartels are “the

predominant smugglers, transporters, and wholesale distributors of cocaine, marijuana,

methamphetamine, and Mexico-produced heroin in the United States” and “are

expanding their control over the distribution of these drugs in areas controlled by

Colombian and Dominican criminal groups, and now believed to include all of the U.S.A..

In addition to drug trafficking, cartels have been tied to illegal alien, terrorist, arms smuggling and

those proceeds are subsequently laundered through seemingly legitimate local

businesses.

.

The cartels through the criminal gangs who work for them have been involved in kidnappings and

military style training camps, some reported to be along the border with the U.S.

FBI Director Robert Mueller described U.S. based-gangs as “more

organized, more violent, and more widespread than ever.” The Department of Justice

estimates there are approximately 30,000 gangs with more than 800,000 members in the

U.S. Mueller believes these violent gangs pose a growing threat to the safety and

security of Americans.

As this reporter has documented Mexican Drug cartels are ordering decapitations of cartel enemies, including federal, state and city police officers. Many of these victims were blind folded and hooded before they shoot them.

Other types of violence to murder victims were: Physical beating, torture, or body dumped on

street or lot torture involving beating, tooth removal, appendage removal, death by torture, strangulation, single shot to head and/or multiple shots to head and body.

Other tactics were same as above with head and/or face fully or partially wrapped with duct tape or other head wrappings or blind folds. Bodies often disposed of by the alternate “Pozole” method. The pozole is where they stuff the body sometime still alive into a 55 gallon barrel and pour gas, battery acid and other corrosive terrible chemicals. The theory being that they think it makes the body easer to dispose of and makes what may remain very difficult to identify later by authorities.

Many were beheaded with or without written messages on bodies or in vehicles.

The cartels’ methods of torture and killing are particularly brutal. On September 6, 2006,

masked gunmen entered a nightclub in the Michoacan, fired guns in the air and rolled

five severed human heads onto the dance floor. The gunmen left a sign among the

severed heads that read:

“The family doesn’t kill for money. It doesn’t kill women. It doesn’t kill innocent

people, only those who deserve to die. Know that this is divine justice.”

Alarming Sensitive U.S. Government Report on Mexican Violence

By using these horrible and terrifying tactics the Cartels are sending a chilling message to the Mexican President Felipe Calderon Administration by adopting methods of intimidation made notorious by Middle Eastern terrorist groups.

Dozens of people have been decapitated in Mexico so far this year, with heads stuck on fence posts, found in trash bags and heads being tossed onto a nightclub dance floor for all to see.

Dozens of U.S. citizens have been kidnapped, held hostage and killed by their captors in Mexico and many cases remain unsolved. Moreover, new cases of disappearances and kidnap-for-ransom continue to be reported yet no high level warning has been issued to protect Americans against this world class violence. Many kidnapped victims where held in deplorable jail like metal cages in so called safe houses.

U.S. intelligence officials report that human smuggling has become another

component of the drug cartels’ business. This fact is of particular import in a post 9/11

environment and at a time in history when the United States is more concerned than ever

about securing its borders.

Americans Being Kidnapped, Held and killed in Mexico

Mexican cartels have also increased their relationships with prison and street gangs in the

United States to facilitate trafficking drugs, murders and kidnappings within the United States. For example, gangs

including the Latin Kings and Mara Salvatrucha (MS13), El Paso's Barrio Azteca gang and many others know and unknown.

Federal authorities point to the Mexican drug cartels who are ultimately responsible for border violence by having cemented ties to street and prison gangs like Barrio Azteca on the U.S. side. Azteca and other U.S. gangs retail drugs that they get from Mexican cartels and Mexican gangs. Mexican gangs run their own distribution networks in the United States, and they produce most of the methamphetamine used north of the border. They have even bypassed the Colombians several times to buy cocaine directly from producers in Bolivia, Peru and even Afghanistan. These same gangs often work as cartel surrogates or enforcers on the U.S. side of the border. Intelligence suggests Los Zetas have hired members of various gangs at different times including, El Paso gang Barrio Azteca, Mexican Mafia, Texas Syndicate, MS-13, and Hermanos Pistoleros Latinos to further their criminal endeavors.

Many members of violent street gangs are actively involved in other crimes such as rape,

robbery, and murder. U.S. Immigration and Customs Enforcement has found that

approximately half of the apprehended gang members have violent criminal histories,

with arrests and convictions for crimes such as robbery, assault, rape and murder. This

figure includes only those whose criminal histories are known. Approximately 90

percent of U.S. MS-13 members are foreign-born illegal aliens and depend upon the

Texas-Mexico border smuggling corridor to support their criminal operations. MS-13

members are involved in a variety of other types of criminal activity, including rape,

murder, and extortion.

FBI Director Robert Mueller described U.S. based-gangs as “more

organized, more violent, and more widespread than ever.” The Department of Justice

estimates there are approximately 30,000 gangs with more than 800,000 members in the

U.S.

Dangerous Mexican Cartel Gangs

The U.S. Drug Enforcement Administration reports that the Mexican drug syndicates

operating today along our Nation’s border are far more sophisticated and

dangerous than any of the other organized criminal groups in America’s law enforcement

history. Indeed, these powerful drug cartels, and the human smuggling networks and

gangs they leverage, have immense control over the routes into the United States and

continue to pose formidable challenges to our efforts to secure our border.

According to the late El Paso County Sheriff Leo Samaniego, drug cartels operating along the

southwestern U.S. border are a “country unto themselves” with intelligence capabilities,

weaponry and communications equipment that challenges the Border Patrol and local law

enforcement. Sheriff Samaniego advised his deputies to “back off” when they see well

armed individuals from cartels and other criminal organizations.

Many of these sophisticated networks include placing spotters with high-powered binoculars

and encrypted radios along smuggling routes to guide smugglers past Border Patrol and other

law enforcement agencies operating along the border. A Library of Congress report on

Criminal and Terrorist Activity in Mexico describes how smugglers carry on a

“technological arms race” with CBP and ICE.

Webb County, Texas Sheriff Rick Flores indicated that he is disturbed by the level of

resources the cartels and criminal organizations possess and utilize against local law

enforcement noting that the cartels utilize rocket propelled grenades…automatic assault

weapons, and “level four” body armor and Kevlar helmets similar to what the U.S.

military uses. Some local officials are taking steps to protect their officers from these

weapons. The Sheriff for Hidalgo County, Texas Sheriff has prohibited the deputies in

his department from patrolling along the banks of the Rio Grande River because of the

threat of violence from the cartels.

Along the U.S. Mexican border, drug cartels as organized criminal groups have

established a robust presence in key strategic areas from Brownsville to San Diego

it includes dozens of Ports of Entry, and has major interstate highway connections to

all parts of the country. Thereby providing the organized crime groups with access to

all of the America's. These smuggling routes start in South America through Panama,

Honderous, Guatemala and Mexico and then extend from border to border ocean to

ocean and points north all the way to Alaska.

Federal authorities point to the Mexican drug cartels who are ultimately responsible for

border violence by having cemented these ties to street and prison gangs like Barrio Azteca

on the U.S. side. Azteca and other U.S. gangs retail drugs that they get from Mexican cartels

and Mexican gangs. Mexican gangs run their own distribution networks in the United States,

and they produce most of the methamphetamine used north of the border. They have even

bypassed the Colombians several times to buy cocaine directly from producers in Bolivia,

Peru and even Afghanistan. These same gangs often work as cartel surrogates or enforcers

on the U.S. side of the border. Intelligence suggests Los Zetas have hired members of

various gangs at different times including, El Paso gang Barrio Azteca, Mexican Mafia,

Texas Syndicate, MS-13, and Hermanos Pistoleros Latinos to further their criminal endeavors.

Dangerous Mexican Cartel Gangs

The South Texas region alone covers approximately 625 miles of border territory – a total area

of 20,963 square miles and borders three separate Mexican States. Inside the territory are

11 Ports of Entry that include 15 international bridges. Directly across the cities of

Brownsville, McAllen, Laredo and El Paso are major Mexican cities, each with a population

between 600,000 and 1,500,000. Trains from Central America and Mexico en route to the

U.S. border with McAllen, Brownsville and El Paso host interstate highways and thoroughfares

to all points north. These trains, usually 90 to 160 cars in length, traveling from Central

America through Mexico are one mode of transportation criminal enterprises use to

enter the United States with their illegal contraband human and otherwise. Each year thousands

of illegal aliens cling to the sides and tops of the rail cars for the journey to the north.

The El Paso-Juarez corridor in west Texas also serves as the gateway for drugs destined

to major metropolitan areas in the United States. Mexican drug cartels transport

significant quantities of methamphetamine, and Mexico-produced heroin, marijuana, and

imported cocaine through the El Paso Port of Entry using major east/west and north/south

interstate highways. As stated earlier these highways provide the Mexican cartels with

transportation routes for drug distribution throughout the United States. Drug cartels also

obtain warehouses in El Paso and near by areas for stash locations and run ads in newspapers

and on the internet to recruit drivers from the local area to transport the drugs to various

destinations throughout the United States.

According to the feds the Alpine area is largely rural and sparsely populated, encompassing

the Big Bend corridor, a transshipment route for drugs entering the United States from Northeast

Mexico. The drug cartels maintain command and control elements to the north in the

Midland-Odessa area and in the border towns to the south in Presidio and Redford.

The Laredo Port of Entry is the 2nd busiest and 2nd most heavily traversed land Port of Entry on

the Southwest border excluding El Paso/Juarez ports of entry. The Laredo port handles

approximately 6,000 commercial vehicles a day. Forty percent of all Mexican exports cross

into Laredo, Texas, where Interstate 35 connects directly to Dallas, and from there throughout

the United States.

U.S. Border Patrol Chief John Montoya describes this Port of Entry as one of “the key ingress

into the United States.”

“It’s called a gateway city, not only into Mexico but into the United States as well.” The

very conditions that make the Laredo Port of Entry so attractive to legitimate commerce

also make the city ideal for the illicit drug and human smuggling trade.

Cartels waging violent turf battle over Control of these key smuggling corridors

from Nuevo Laredo, to San Diego. The neighboring cities on the Mexico side of the border,

are the most important launching point for illegal contraband entering the United States.

These twin cities all along our border with Mexico are where much of the violence and drug

cartel activity is taking place. The violence is due to the fact that the major drug cartels are

currently battling for control over this highly coveted corridors into the United States known as a

“plaza.”

The plaza proceeds through major cities with large highway systems where aliens, terrorist

and drugs can be staged prior to movement to other parts of the United States. Control of

this corridor translates into control of all illegal smuggling.

All criminal organizations that want to smuggle through these established safe passages

into the United States is required to pay a tax to the cartel that controls the plaza.

The Sinaloa cartel began to contest the Gulf Cartel’s domination of the coveted southwest

Texas corridor following the arrest of Gulf Cartel leader Osiel Cardenas in March 2003.

While in prison, Arellano Felix, head of the Tijuana cartel, and Cardenas forged an alliance

against the Sinaloa and its ally the Juarez cartel. As a result, the cartels are now largely aligned

into two blocks, some which support the Gulf Cartel and others which support the

Sinaloa Cartel. It is these two blocks that are involved in the massive and violent turf

wars which are currently being carried out in northern Mexico

To protect and expand their criminal operations, Mexican drug cartels maintain highly

developed intelligence networks on both sides of the border and have hired private armies

to carry out enforcement measures. For example, the Gulf Cartel leader Cardenas

employs a group of former elite military soldiers known as “Los Zetas.” The Zetas are

unique among drug enforcer gangs in that they operate as “a private army under the

orders of Cardenas’ Gulf Cartel, the first time a drug lord has had his own

paramilitary.” The Zetas have been instrumental in the Gulf Cartel’s domination of the

drug trade in much of Mexico and have fought to maintain the cartel’s influence in northern cities

following the arrest of Cardenas. The Zetas’ activities are not limited to defending the

Gulf Cartel’s terrain in northern Mexico. The paramilitary force is also believed to

control trafficking routes along the eastern half of the U.S.-Mexico border and perhaps others

as well.

The Zetas are believed to be a serious threat to public safety on both sides of the

U.S. Mexican border. They are well-financed and well-equipped and have demonstrated a

willingness to shoot, torture, and kill law enforcement officers, or rival cartel and gang

members on both sides of the border. Federal law enforcement officials deem the Zetas

among the most dangerous criminal enterprises in the Americas.

Reports indicate that while the Zetas were initially comprised of members of the Mexican

military’s Special Forces, they now include Federal, State, and local law enforcement

personnel as well as civilians. Moreover, according to U.S. intelligence officials, Zetas

are recruiting former Guatemalan Special Forces military personnel known as Kaibiles

and members of the notorious cross-border gangs known as Maras, including the violent

Mara Salvatruchas (MS-13).They're known as "Los Zetas

According to Federal law enforcement officials; these hideous acts was a revenge killing

between warring gangs. Decapitations are becoming quite common in many areas in

Mexico where cartels and gangs battle for control over lucrative smuggling corridors.

Heads are publicly displayed for the purpose of intimidation.

Another brutal means of torture and death is called “guisoe.” This practice involves

putting a person into a 55 gallon drum, usually dead, but not always, and pouring various

flammable liquids over the body and lighting it on fire. A variation on this method is to

place a burning tire around the neck of an individual, burning the victim alive. The

remains are dumped on roadsides as a message to others who would consider crossing the

cartels. The ruthless methods employed by these cartels to torture and kill their

competitors are no different than the techniques used by Al Qa’ida and other terrorist

organizations. This level of brutality is particularly troubling as the cartels are executing

these vicious murders a mere stones-throw from U.S. soil.

Sometimes the violence and intimidation is captured on video. In 2005, a video was

anonymously delivered to the Dallas Morning News showing four men, handcuffed and

badly beaten in front of a backdrop of black plastic, describing to off-camera

interrogators their work as cartel assassins. The men were members of the Zetas. The

video ends when one of the Zetas is shot in the head at point blank range by an off-

camera captor. Law enforcement authorities have never found the body of the murdered

Zeta, nor the other three men, dead or alive.

U.S. law enforcement officials are struck with the resiliency and determination of these

criminals. In the words of one law enforcement official: “They [the Zetas] have the

Texas-Mexico border wired.” For example, in 2005, just six hours after being sworn in

as Nuevo Laredo’s Police Chief, Alejandro Dominguez was killed. He had announced a

crackdown on the cartels. He was shot more than 50 times. During mid-September

2006, a group of 25 individuals in Nuevo Laredo were gathered in a local hotel with visas

to travel to the U.S. for work. The Zetas mistakenly thought the workers were from a

rival cartel and kidnapped and tortured them. The workers were released when the

cartels realized their mistake. U.S. Federal law enforcement authorities said Mexican

police would not respond to the emergency calls for help that were made during the

incident.

The violence has spread to neighboring Mexican States also sharing a border

with the U.S. Nuevo Leon, once thought to be one of the safest States and home to some

of the richest families in Mexico, has seen the murders of three top law enforcement

officials who had spoken out against the drug cartels. During September 2006, two

police chiefs were killed as well as the top crime investigator. In the past two years, six

journalists covering drug trafficking along the border have also been killed.

The Zetas have now become completely entrenched along the U.S. Mexican border and

have grown to more than 1200 with hundreds more in a support network throughout

Mexico.

In an example of the Zeta’s capabilities, a shootout on September 22, 2006 in Nuevo

Laredo between the Zetas and an assassinati