Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, January 1, 2015

Business Ethics: Maintaining a Moral Compass Despite the Pressures of Commerce

Business Ethics


The world of commerce is often a difficult one to navigate. Whether the position you hold is that of CEO, CFO or any other higher-level executive, maintaining a moral compass is one of the only ways you can help your company overcome the ethical obstacles, challenges and distractions the business world is bound to present.

You have to know, with certainty, the difference between right and wrong. You have to be able to maintain your integrity and be willing to be held accountable for the actions you take.
The CEO of Booher Research had it right when she stated in a recent Huffington Post article, "When people decide to disregard their moral compass as the official business handbook, they begin to make up the rules as they go."

Monday, December 30, 2013

Your Government vs. Your Bank: Estate Planning & Eminent Domain


Estate Planning

You’d think that banks might be happy for a solution to the mortgage crises. Especially in areas of the country where a majority of homes are underwater, mortgages are delinquent, and homeowners are abandoning their homes in droves. But one recent proposal to help with the problem has big banks up in arms. The solution involves the government obtaining underwater mortgages under its power of eminent domain.

A company called Mortgage Resolution Partners (MRP) developed this proposal, and is working to get county and city governments on board. The idea is that if banks fail to sell the loans to the government when offered fair market value, the government can force the sale under its power of eminent domain. Once the government owns the mortgages, MRP refinances the smaller (fair market value) loans, resulting in much more affordable payments for the homeowners.

Decreasing Labor Force & Increasing Disability Benefit Payments: Correlation?

decreasing labor force

“Jobs are down!”; “Benefit claims are up!” Alarmists can be heard shrieking and freaking- claiming this is sure evidence that lazy people are fleeing the workforce in order to sit on their butts collecting benefits! – But are they really?

A number of pundits have claimed a direct correlation between the recent upward trend in American’s Social Security Disability Insurance (SSDI) enrollment and the downturn in the number of people participating in the labor force. For example, according to the Wall Street Journal, the Chief US economist for J.P. Morgan, Michael Feroli, estimated that a quarter of all the people leaving the labor force are enrolling in SSDI. (The Wall Street Journal, 4/10/2013), Adding to the speculation, Fox & Friends commentators claimed the poor numbers shown in a recent jobs report were due to workers choosing to sit on the couch collecting benefits instead of going out to find a job and participating in the labor force. (http://mediamatters.org/research/2013/06/07/fox-rehashes-myth-that-unemployment-and-disabil/194385.)


Thursday, November 28, 2013

What the “Fiscal Cliff” Resolution Means for Personal Estate Planning

Fiscal Cliff

At the end of 2012 one of the most popular media and water cooler topics was the so-called "Fiscal Cliff."  The Fiscal Cliff was such a frequent topic of discussion and debate because it referred to the serious financial ramifications that the United States would face if the Budget Control Act of 2011 went into effect on December 31, 2012.  These financial changes would have meant an end to the temporary payroll tax cuts, resulting in a 2% tax increase for employees, the end to several tax breaks for businesses, a change to the alternative minimum tax, a rollback of the "Bush tax cuts", and the beginning of taxes related to the Affordable Care Act. However, mere hours before midnight on December 31st, a deal was struck to avoid a financial crisis, and President Obama signed the American Taxpayer Relief Act of 2012 (the "Act").  Among other things this resolution impacted taxes related testamentary and inter vivos gift-giving that may impact estate planning for some.  
  

Thursday, November 14, 2013

Injured on the Job: Can You Be Replaced by a Seasonal Employee?

Seasonal Employee


Janet works as a server and an assistant chef at a catering company. During a big event, she slipped on the wet tile floor in the kitchen while carrying a tray of dishes. When she fell, she hit her head on the corner of the sink and was immediately sent to the Emergency Room where she was diagnosed with a concussion. The neurologist told Janet that she should take a week off from work and discuss having a lighter work load and shortened shifts with her employer. Her employer, understanding that her injury was work related, agreed to shorten her shifts and make her work load lighter when she returned after a week. Before Janet was scheduled to return back to work, her concussion symptoms worsened and the neurologist told her she should return to work at a later date. Worried about her job and a pile of bills, Janet filed for workers’ compensation to cover her lost wages; her boss told her that a newly hired seasonal employee could pick up her shifts.

Monday, November 11, 2013

The Wage Gap - Only 13% of Food Workers Earn a Living Wage

Living Wage

Using the 5 most populous states (Illinois – 12,875,255; Florida – 19,317,568; New York – 19,570,261; Texas – 26,059,203; and California – 38,041,430) and comparing the living wage (as calculated by  MIT's Living Wage Calculator) to the minimum wage as reported by Minimum-Wage.org, it's easy to see the wage gap – only 13% of food workers earn a living wage.

Monday, October 28, 2013

Your Shrinking Social Security Check After the Government Shutdown

government shutdown

Millions of Americans, who have inadequate or no income, rely on monthly Social Security payments to pay for their basic living needs.  When the government faced a shutdown, earlier in October, new applicants faced the reality of a delayed process.  According to a Providence Social Security Disability Attorney, more than half of all Social Security cases are denied due to a tough application process.  With the government shutdown, many hopeful applicants, in desperate need of assistance, feared that they may never receive the assistance when they needed it.  However, prospective applicants were not the only ones worrying about the fate of Social Security.  Active recipients of government benefits worried that their assistance would be delayed while the government fought to come to an agreement on federal spending.  Fortunately, Americans who receive Social Security continued to receive their month checks on time.  With the shutdown over, many questions are still left unanswered, including the amount of next year’s Social Security.

Wednesday, August 28, 2013

Killing Them Softly: Assisted Suicide

Assisted Suicide
Is Assisted Suicide the Most Humane Way to End Unwanted Life?
Even though suicide is against the law in most of the United States, there are a few places – Oregon, Vermont and Washington – where that law has been turned on its head, providing for physician-assisted suicide (AS) for those victims of terminal and highly painful diseases.

One state, Montana, currently allows AS via a court ruling – what some would consider a legal precedent known as the Baxter decision. The physician responsible for this precedent-setting decision is Dr. Eric Kress, a family practitioner for 26 years. The incident itself, which ended the life of a terminally ill but mentally alert adult via prescription, has passed into history.

Tuesday, August 27, 2013

Unfair Labor Practices: Starbucks Lawsuit

             
Starbucks, one of the world’s most successful and largest coffee chains, is a customer favorite from the West to East Coast.  A corporation that started out in Seattle as a single retail store in 1971 expanded by great leaps and bounds in 40 plus years looks like a true success story for many business minded individuals.  The multi-million dollar corporation, with over 17,000 stores located internationally, offers numerous work opportunities for budding baristas and coffee aficionados, alike.  Many might think that Starbucks, keeping their small beginnings in mind, may make their employees their number one priority.  However, many Starbucks employees feel the brunt of a money hungry corporation rather than the “employee comes first” approach.  Employees, eager to fight for the respect they deserve are filing lawsuits against Starbucks to receive the workers’ compensation they are owed and rightly deserve; without baristas, Starbucks would not be what they are today.

Monday, August 26, 2013

Weird and Strange Laws

          


Did you know that in Illinois it is illegal to have sex with a corpse? Or that in Michigan it is illegal to sell a duckling that has been dyed? Or that in New Mexico idiots are not allowed to vote, while in South Carolina a man can go to jail for a year for breaking a promise to marry a woman? There are hundreds of state laws that many might find to be weird, causing some to wonder about the story behind their passage. Every law was passed to solve a societal concern. In some cases that concern is shared by a large part of the population, while in other cases the law addresses an issue known to only a few. In still other cases the law was passed to address a concern once shared by many, but now shared by few.

Sunday, July 28, 2013

5 Deadliest Workplace Disasters


Workplace Disasters No. 1, the Most Recent

In the wake of the 2013 clothing factory collapse in Bangladesh, at Rana Plaza, people in the developed world are beginning to turn their eyes and minds to the real cost of the clothing they buy.

And not a moment too soon. The more than 1,100 who died on April 24, and the thousands more who survived, are a haunting lesson in Third World economics. It was only when the larger world outside Bangladesh learned that garment workers were forced back into the building in spite of warnings surrounding the huge crack that had developed, that the incident developed moral overtones.

Thursday, June 27, 2013

Will Stricter Gun Laws Decrease Violence and Death

gun lawsWith so many shootings in the news lately, it’s no surprise that Mother Jones is calling 2013 “…the worst year of mass shootings in modern US history.”

Mother Jones is one of the oldest, social-justice oriented, independent nonprofits in the United States according to Sourcewatch, the publication for the Center for Media and Democracy (CMD).
The Center, an online nonprofit investigative reporting consorteum which includes ALECexposed.org and PR Watch, is not blameless, but still stands head and shoulders above such entities as the Heritage Foundation, the Heartland Institute and the Competitive Enterprise Institute, who appear aligned in their libertarian and/or rightist stance. 

Business Owner Responsibilities, Five Common Injuries from Slip and Fall Accidents

business owner oversight
Slips and falls are not only the largest source of injuries in the home; they also occupy the lion’s share of reported injuries in public venues like grocery stores, shopping malls and restaurants. They are also prominent in the construction trades.  More important, they are most often reported in relation to day workers, temporary workers, or seasonal workers, who are at best semi-skilled.

Slips, trips and falls, notes OSHA (the Occupational Health and Safety Administration, a division of the Department of Labor), comprise the majority of general industry accidents as well; “general industry” meaning all the across-the-board enterprises which make, refine, or ship and deliver industrial, consumer and business products around the nation.

Monday, May 27, 2013

Business Owners Hiring Responsibilities : Immigration Law

immigration law

James, a small business owner, specializes in guitar repairs and general musical instrument sales, as well as offering guitar lessons.  James met Javier, an immigrant from Mexico, when Javier became a regular in the guitar shop.  While the two men got to know each other more, James learned that Javier makes his own acoustic guitars and is a self-taught musician.  Javier came to the United States, with his family, in hopes of having a better quality of life full of employment and educational opportunities.  In the 6 months that Javier has been in the U.S., the only jobs he has been able to get were construction jobs.  Javier wants to quit because the working conditions are unfair and unsafe, but he cannot afford to quit.  James would like to hire Javier to assist with guitar repairs and to give lessons, but James is not sure if he is able to hire Javier, due to the Federal Immigration Law.

Wednesday, April 24, 2013

Deaths Caused by Granuflo and Naturalyte Treatments

Granuflo lawsuits

Being diagnosed with a chronic health condition can be very difficult. Individuals who are placed in this situation must not only deal with the psychological stressors of illness, but must also face long months of doctors visits, invasive procedures, and on-going therapy. This is especially true for renal patients, who must often undergo dialysis treatments for years before organ replacement becomes an option. Unfortunately, many dialysis patients—such as those who were treated with granuflo and naturalyte—died as a result of their care. Understanding the basics behind the prescribed medications, and the causes and frequency of death can be beneficial for those currently undergoing treatment.

Top Causes of Driver Deaths

distracted driver

The roadways are a busy place, packed with multi-tasking, sleep deprived commuters. It’s not rare to see a driver talking on a cell phone and eating lunch while speeding down the freeway at dangerous speeds, failing to signal lane changes. Each careless and poor decision made by a driver, makes them one step closer to becoming a fatality statistic. Each year, it is estimated that 43,000 or more of the United States’ population die in auto accidents, according to the National Highway Traffic Safety Administration (NHTSA). Most auto accident deaths could have been prevented if the driver, of either vehicle, would have made different or better choices while driving. Fatal accidents are caused by a careless decision by some driver on the road. As a driver, it is important that you are aware of some of the top causes that lead to driver deaths.

Exposition on the Longshoreman Act

Longshoreman Act

Longshoremen, also known as harbor workers, spend their work day loading and unloading cargo to and from ships. The days can be long, not having routine or consistent hours, as a longshoreman’s shift coordinates with a ship’s schedule. In addition to handling cargo, longshoremen work with potentially dangerous equipment such as cranes, forklifts, and other heavy machinery. Each task can be risky, leading to numerous injuries from minor to fatal, each year. According to the United States Department of Labor, The Longshore and Harbor Workers' Compensation Act (LHWCA) provides employment-injury and occupational-disease protection to approximately 500,000 workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas.

What constitutes a Disability?

disabilities

When people think of individuals with a disability, many assume that it is solely an obvious and physical impairment. So, what exactly is a disability? Whether you look at Merriam-Webster’s dictionary or the Department of Labor, the definition is about the same. A disability is physical or mental impairment that substantially limits one or more of a person's major life activities. A disability is not always obvious and it may occur suddenly, rather than over a period of time or since birth. Individuals with disabilities are often too limited to work and earn enough money to cover basic living expenses. Depending on the disability, some individuals have never been able to have an occupation while others have had to quit work when the disability worsened. SSI or Supplemental Security Income was enacted to offer federal financial assistance to individual with disabilities; assistance with basic living needs such as food, shelter and clothing. If you are a disabled individual and are considering applying for SSI, it’s important to know how the Social Security Administration (SSA) evaluates and classifies disabilities.