Archive for the ‘Legal’ Category

State Labor Law in Rhode Island

Saturday, January 23rd, 2010

Rhode Island is an ecstatic state located ideally in the New England province of the United States of America. It is the smallest state in the United States in terms of the area it covers. This state is often referred as “The Ocean State”. State labor laws have been adopted in this state too. These laws have been implemented to preserve the rights of workers in this state. If you are an employee in this state then you must go through the state labor law in Rhode Island.

Now, let us study few important things regarding state labor law in Rhode Island:

1. Employment / Hiring Law
Under the hiring law in Rhode Island, an employer cannot appoint a worker on the basis of reasons other than his qualifications. He cannot be appointed on the basis of his caste, creed, religion, sex or any other personal attributes. An employer is also not allowed to ask any questions to the employee. He cannot ask questions that might hurt the feelings of the individual. However, he is allowed to ask any type of questions that are necessary to judge the character of the individual.

2. Child Labor Law
Under the child labor law in Rhode Island, all the children under the age of 18 years cannot work more than 48 hours a week and children below the age of 16 years cannot work more than 40 hours a week. The children under the age of 18 years are not allowed to work after 11:30 pm before a school day and the children below the age of 16 years are not permitted to work after 7 pm during school days. These are some of the most important laws regarding child labor law in Rhode Island.

3. Employment At Will
Under this law, any employer could terminate you any time without any prior notice. But if you are working under any sort of employment contract then you can only be terminated on the basis of reasons mentioned in your contract. If an employer terminates you on the basis of reasons other than the ones mentioned in your contract then it is considered to be illegal.

These are some of the most important points regarding state labor law in Rhode Island. Make sure you go through this article once.

Looking for State Labor Laws? Find out more about Rhode Island State Labor Laws

State Labor Law in Virginia

Saturday, January 23rd, 2010

Virginia is one of the states which are situated in the West Atlantic coast of USA. The nick name of this state is the “Old Dominion”. It is also called the mother of presidents as well. As far as the labor laws are concerned, it is definitely quite good in Virginia.

Some of the labor laws in Virginia are as follows:

1. Employment at will
If you will go through the labor laws in Virginia then you will definitely find this law to be one of the most important laws. According to this law an employer has the right to throw any employee out of the office without giving any notice. You might be shocked and horrified if you are an employee. But you should not be so frustrated. There are some points as well which the employer will have to keep in mind. The employer must make sure that he has the legal reasons behind firing the employee out. Generally the reasons come out of the contract. It has been clearly mentioned in the state labor law books that the employee as well as the employer will have to follow the contract. Once an employee signs a contract then he will have to obey each point which has been mentioned in the contract.

2. Termination without legal notice
This is definitely not allowed as I have discussed on the first point. However this point needs further explanation. The employers are not allowed to terminate any employee on the basis of age, sex, religion, national origin, disability as well as pregnancy. If any employer is found guilty on this account then he will definitely be punished.

3. Family as well as Medical Leave
As far as the federal laws are concerned, those employees who are found to be eligible for this can take the medical leave of 12 weeks. But they will not be paid for this period. However the employee needs to be eligible for this job. As per the law that employee is allowed to take this kind of leave who has worked for at least 12 months under the present employer. He will also have to make sure that he has worked for at least 1250 hours during the last 12 months. They will also have to make sure that they are employed by the covered employers.

4. State labor laws posters
The employer will have to make sure that the state labor law posters are pasted in each corner of the office. This has been made the rule because only then the employee will come to know about these laws.

These are some of the state labor laws. Both the employee and the employer will have to make sure that they follow it. Otherwise severe action might be taken against them.

Looking for State Labor Laws ? Find out more about Virginia State Labor Laws

Is Your Superannuation Working For You?

Saturday, January 23rd, 2010

If you have accumulated a significant superannuation balance, wish to maximise your returns and have greater control over your investments; a self managed super fund (SMSF) may be the answer.

A SMSF is a vehicle that is used to manage the superannuation portfolio of most commonly, an individual or family. A SMSF can have up to 4 members.

A SMSF’s purpose is to successfully save for retirement by allowing its members greater investment flexibility, choice and control over their superannuation assets.

The primary advantages of using a SMSF include:

• Flexibility – Investment choice is far greater than all other superannuation funds. SMSFs, can invest in a wide range of investments, including residential property, commercial property, shares, term deposits and artwork amongst others.
• Gearing – Due to recent legislative changes, SMSF’s are now able to borrow to invest. This may result in higher returns within a portfolio by enabling the fund to buy assets they may not have had the funds to previously purchase, such as a property.
• Potentially Lower Fees – Provided the SMSF has a sufficient investment portfolio, there is the potential for lower establishment and administration fees. Generally speaking, due to the ongoing compliance and administrative costs, a SMSF is only economically viable where the combined superannuation portfolio of all members exceeds $100,000. It can be lower, especially if you plan on making significant super contributions or if you plan on gearing within your fund.

Some additional issues to consider when considering setting up a SMSF include:

• Administration and Compliance – The administrative, compliance and reporting requirements for trustees of self managed funds can be time consuming and costly – but that’s where we can help. Quinn Consultants can work with you to ensure your fund remains compliant with all legislation and can help you reduce your administration time.
• Legislative Risk – The superannuation legislation can be complex and constantly changes. It is essential that the fund is set up the right way from the start. If a fund is found not to be a ‘complying fund’ the assets of the fund can be taxed at 45%. No need for concern, as we are here to help.

Where we can help

• Free review of your financial position and objectives to see if a SMSF is appropriate for you
• Cost effectively setting up a SMSF
• Investment advice for your SMSF benefits, including finding cost and tax effective investments and helping you with your retirement strategies
• All ongoing compliance obligations, including preparation of your audited financial statements and tax return

Should you have any questions regarding SMSF’s and whether it would suit your needs please contact The Quinn Group on 1300 QUINNS or click here to submit an online enquiry.

The Quinn Group is an integrated, accounting, legal, and financial planning practice offering expert advice to help you achieve your business and personal goals. With more than 15 years’ professional experience, we are committed to building long-lasting relationships with our clients by providing superior service in a timely and cost-effective manner. For more free advice please visit Lawyers.

Understanding the Migrant and Seasonal Agricultural Worker Protection Act

Saturday, January 23rd, 2010

The Migrant and Seasonal Agricultural Worker Protection Act, or MSPA, was signed into law in 1983, and replaced the older Farm Labor Contractor Registration Act. As the name implies, it serves to provide certain guarantees and protections for migrant and seasonal agriculture laborers. Because migrant laborers are less likely to be able to organize and fight for their own rights, the MSPA provides basic rights for these workers and prevents employers from taking advantage of them. The bulk of the act outlines such rights, and stipulations protecting these rights.

The most important stipulations of the MSPA include:

  • The employer must offer free and full disclosure of all the terms and conditions of the employment if asked by the seasonal employees. This is to prevent a bait-and-switch situation, taking advantage of the employees by changing the conditions of employment after the fact.
  • Posting information about worker protection at the job site.
  • Consistently pay the workers any owed wages when they are due, and provide a written, itemized statement detailing the earnings and deductions.
  • If the employer provides housing for the employees, the housing must be in good shape and meet all federal and state safety regulations. Although the employer may not be required to provide housing, if he or she does, it must comply with all standards.
  • The same goes for any vehicles provided as transportation for the employees. All such vehicles must meet both federal and state safety standards. Additionally, the employer must pay insurance on the vehicles, and the drivers must have the appropriate licenses.
  • The employer must meet any terms agreed upon with the workers.
  • The employer must keep all payroll records for any and all employees for at least three years.

It is important to note, though, that these stipulations apply only to actual employees, not to independent contractors. People working as agricultural workers can have multiple employers at any given time, and each employer has the same responsibility to follower the terms and conditions of the Migrant and Seasonal Agricultural Worker Protection Act. Although these employers do not have to double up on services provided, failure to jointly provide the protections guaranteed by the MSPA mean that both can be held accountable. Because the MSPA is a federal law, failure to comply with it is a serious offense.

For more information about business and employment law, visit http://austinemploymentattorney.com/.

Joseph Devine

Douglas Colt – an Alumnus of Georgetown University

Saturday, January 23rd, 2010

On May 2000, Douglas Colt graduated from Georgetown University Law Center in Washington DC. Georgetown Law was the first law school that was established in the United States by a Jesuit institution of higher learning. Douglas Colt received a Juris Doctor which is considered to be the first professional graduate degree and is a professional doctorate in law. In addition, he was also the cum laude when he graduated from the said university.

Having an impressive GPA of a 10.8/12, Douglas Colt was part of the top 10% of his class. Moreover, he was the editor of “The Georgetown Law Journal” which is the Law Review flagship of Georgetown University. It publishes articles on timely issues by professors and practitioners as well as producing the Annual Review of Criminal Procedure, solicits reviews of recent books, coordinates symposia on important topics, and produces thoughtful student notes.

From 1997-1998 as well as from 1998-1999, Douglas Colt constantly received honors and was on the dean’s list. He was also a part of certain activities such as Mock Trials which are contrived or imitation trials in which students try to test theories and experiment with one another in order to learn and enhance certain skills. Furthermore, he was also an active member of an a cappella group in Georgetown University called the Moral Hazard. This was a group that was specifically formed for students who had a passion for singing such as himself.

Washington University is a nonsectarian, private research institute which is situated in Saint Louis, Missouri. Douglas Colt graduated from this fine university on May 1997 where he received a degree in Bachelor of Arts with honors – majoring in Economics and Political Science. In addition, Douglas Colt also boasts of a grade point average of 3.55/4.

Given his GPA, it is not surprising that Douglas Colt obtained several honors as well as doing extremely well at Washington University. His accomplishments in this institution include receiving the Todd Lewis Friedman Prize for Best Graduate in Political Science. The Friedman Prize is awarded yearly for outstanding work in comparative or international politics. Moreover, Douglas Colt was also awarded the Sally E. Strain Scholarship Recipient as well as being on the dean’s list from 1994-1997.

Apart from his academics, he was also a member of the Pi Sigma Alpha Honorary Society. This group is the only honor society for college and university students of government in the United States. Another group that Douglas Colt was a part of is the Omicron Delta Kappa Honorary Society which is a National Leadership Honor Society. Furthermore, he was awarded the Senator of the Year and in 1995 he was the Scholarship Banquet Keynote Speaker.

Being such an active student, Douglas Colt was the Washington University Student Union Senator. In addition, he was also the Entertainment Council Chairman of the university as well as being the Campus Programming Council Chairman. To add to that, he was also part of the Washington University Campus Volunteer which is an active student organization that provides a broad range of programs to meet the needs of the students.

You ca have more information when you read Douglas Colt Biography and his life as title profession of Attorney Douglas Colt