New White Collar Overtime Exemption Rules Are Coming, Now What?

On December 1, 2016, employers will have to pay more to take advantage of the Fair Labor Standards Act's (FLSA) so-called white collar overtime exemptions. To prepare for the upcoming change, employers need to know whether and to what extent they will be affected by the new overtime exemption regulations.

The new rules focus primarily on the minimum salary and compensation levels needed to qualify for the FLSA's executive, administrative, professional and computer employee overtime exemptions. Employers can ask the following questions to determine the potential impact of the new overtime rules before it's too late.

Are there any employees classified as exempt under one of the FLSA's white collar overtime exemptions? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question.

Do any of these employees ever work more than 40 hours in a workweek? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question.

Do any of these employees earn a salary of less than $913 per week? (This works out to $1,826 biweekly, $1,978 semimonthly, $3,956 monthly or $47,476 annually.) If no, you should not be affected by the higher standard salary levels under the new rules. If yes, exemption classifications or compensation practices need to be adjusted before December 1, 2016.

The most appropriate adjustment(s) will typically depend on specific circumstances, such as the number of newly-nonexempt employees, their salaries, how often they work overtime and how much overtime they work. Depending on their situation, employers may decide to implement one or more of the following adjustments.

Increase Salaries. Perhaps the simplest and least disruptive adjustment would be to increase the salaries of exempt white collar employees to no less than $913 per week. Unfortunately, it may also be unrealistic for many employers. Though some salary increases may be small, others may be more than double.

Those choosing this option must remember that exempt status requires more than meeting the new minimum salary requirements. Primary job duties remain relevant under the new rules and employees still have to satisfy the applicable "standard duties test" to be exempt.

Pay Newly-Nonexempt Employees Overtime Compensation. The alternative to increasing salaries is to re-classify these exempt employees as overtime-eligible employees. Those working more than 40 hours in a workweek must be paid one and a half times their regular rate. Remember that employers must track the daily and weekly hours worked by all nonexempt employees, including the newly-nonexempt.

Paying overtime compensation may not be a problem for employees who rarely work or who work very little overtime. Despite paying more for occasional overtime work, it would still be less expensive than increasing salaries. The same cannot be said about employees who regularly work or who work a lot of overtime. Their overtime pay can add up quickly, possibly approaching or even exceeding $913 per week.

Prohibit Overtime. Newly-nonexempt employees can be prohibited from working overtime. If no overtime is worked, no overtime compensation is required. This option may be simple, but it may not be easy. Exempt employees typically work more than 40 hours in a workweek because they have more than 40 hours of work to do. Their work must still get done, but someone else will have to do it.

Adjust Personnel, Schedules or Assignments. Those who prohibit overtime may have to make various operational adjustments. For example, workload distribution and workforce scheduling may need to be adjusted to compensate for the loss of overtime work. In some cases, new employees may need to be hired to make up for any lost productivity.

Adjust Wages. Newly-nonexempt employees who are allowed to continue working overtime as always will end up getting more money for the same amount of work. Reallocating regular wages and overtime compensation is a way to keep the hours worked and amounts paid to newly-nonexempt employees largely the same. However, employers may not reduce an employee's hourly wage below the highest applicable minimum wage (federal, state, or local) or continually adjust wages each workweek to manipulate the regular rate.

Employers shouldn't wait too long to start planning. It takes time to change exemption classifications and compensation practices, particularly if they are substantial or complex. With all the publicity, it's safe to assume that violations will be noticed not only by those who are affected by the new rules, but by the Department of Labor too.

To protect against the uncertainty and confusion surrounding the new rules, employers may benefit from having Employment Practices Liability Insurance to protect against various employment-related claims. Limited coverage for wage and hour claims may be available.

Employers should discuss the new overtime exemption rules with HR, payroll/accounting, managers and supervisors. Specific wage and hour training should also be considered. Please contact us if you would like more information about preparing for the new white collar overtime exemption rules.

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Occupational Health and Safety Industry Best Practices

The primary objective of the Occupational Health and Safety Act is to ensure that safety at work is achievable in every organization big or small. By complying with this act, you can address issues that may pose danger to your employees, well before any untoward incidents occur.

Workplace inspections serve a critical role in fulfilling this objective and in maintaining a safe, productive work environment where your business can flourish. These are planned walk-through activities carried out in the work premises to critically examine various factors. Some of the aspects that may be covered are materials, buildings, equipment and so on which may potentially pose danger.

One should call in competent, experienced, safety consultants to outline how an effective safety inspection should be carried out for your workplace. Keep in mind that the nature of business, the kind of processes involved here, the kind of equipment being used etc have an impact on which aspects need to be covered during your workplace inspections.

Planning your Inspections

To carry out a truly effective inspection, it needs to be thoroughly planned where every important aspect is taken into consideration. Hiring experienced safety consultants is good move because they can bring in their expertise to point out various aspects that you may not have considered. In addition, you can have your own team enrolled in health and safety officer courses with these experts to learn how periodic inspections should be carried out to curb the risks in the workplace.

Establishing acceptable standards for various workplace activities, processes and the environment, in general, is a key component of workplace safety planning process. With the standards in place, it becomes easier for your employees and your inspectors to quickly identify increased risk in any area well in advance, so that it can be rectified before it causes any harm.

The Occupational Health and Safety Act Guide has been prepared to assist employers, workers, constructors, supervisors, owners, suppliers, and others who have duties under the Occupational Health and Safety Act.

The purpose of the OHS Regulation is to promote occupational health and safety and to protect workers and other persons present at workplaces from work-related risks to their health, safety, and well-being.

The occupational health and safety professional plays a major role in the development and application of accident investigations, risk assessments, loss prevention, and safety training programs for workers. They develop programs that will in conserving life, health and property; improve productivity by implementing loss-control programs in consultation with company and labour officials; identify health and safety hazards in the work environment and advise corrective action.

Concessions to Start-Ups Regarding Labour Laws in India

In order to promote the Start-Up ecosystem in the country and incentivizing the entrepreneurs in setting up new start-up ventures and thus catalyze the creation of employment opportunities through them, the Ministry of Labour & Employment has issued an advisory to the States/UTs/Central Labour Enforcement Agencies for a compliance regime based on self-certification and regulating the inspections under various Labour Laws. It has been suggested that if such start-ups furnish self-declaration for compliance of nine labour laws for the first year from the date of starting the start-up, no inspection under these labour laws, wherever applicable, will take place. The nine labour laws, included in this advisory are:

• the Industrial Disputes Act, 1947;

• the Trade Unions Act, 1926;• the Building and Other Constructions Workers' (Regulation of Employment and Conditions of Service) Act, 1996;

• the Industrial Employment (Standing Orders) Act, 1946;

• the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;

• the Payment of Gratuity Act, 1972;

• the Contract Labour (Regulation and Abolition) Act, 1970;

• the Employees' Provident Funds and Miscellaneous Provisions Act, 1952; and

• the Employees' State Insurance Act, 1948.

From the second year onwards, up to 3 year from the setting up of the units, such start-ups are required to furnish self-certified returns and would be inspected only when credible and verifiable complaint of violation is filed in writing and approval has been obtained from the higher authorities.

The advisory to State Governments is not to exempt the Start-ups from the ambit of compliance of these Labour Laws but to provide an administrative mechanism to regulate inspection of the Start-Ups under these labour laws, so that Start-ups are encouraged to be self-disciplined and adhere to the rule of law. These measures intend to avoid harassment of the entrepreneurs by restricting the discretion and arbitrariness. Punitive action shall, however, be taken whenever there is a violation of these labour laws.

Start-ups not only help the country to develop and grow financially but also provide a lot of job opportunities to unemployed people of the country. The labour opportunities generated also helps the people of the country to gain employment. The Department formed for this in the government has come up with 9 labour laws which need to be looked upon in case of violation or complaint filed against the start-up.

Therefore the government is promoting start-ups and alongside generating labour opportunities for unemployed people of the country.

We offer high levels of expertise in designing, developing and delivering financial and management consulting solutions to our clients suited to their specific needs across wide spectrum of industries at all stages of businesses i.e. Startups as well as SMEs. We help our clients to turn their business idea into reality and achieve their business vision right from start up to scaling up.

How Can Employers Benefit From the California Labor Code?

It is fun working in California. The state ensures you do not face any issue regarding workplace rights, safety or health. Actually it is the California Labor Code that stands by you in all adverse situations. But what about the employers? Who stands for them? Apparently nobody. So if you are an employer in California and a good one that too, how are you to save yourselves from citations and penalties?

The laws of California are becoming stricter day by day and a single mistake can cost you your whole career. Although there are numerous organizations trying to help out the employer by constantly updating them regarding Cal OSHA and California labor laws, very few of them are actually concerned about the employers' benefits. All they do is to make them aware so that they do not commit a mistake that they have to pay a huge price for. However, a few HR consultants are eager to help the employers in California not only to prevent themselves from getting penalized but also acquire certain benefits from the existing California Labor code. How? Read along to know.

You can popularize your brand - Many companies in California, including your competitors are not much aware of the labor laws. However, all of them are aware of the basics so as to save themselves from citations. But, you can be an exception. With the help of an experienced HR consultancy firm, you can take the initiative of letting your employees knows their rights and privileges they are entitled to under the Labor laws. Thus, you will be known among your employees as the keeper of their rights and not the violator. People will flock to your company and love to work under you.You can increase awareness regarding Safety and health - An employer who acknowledges the power of human resources understands one thing. If you can utilize this power, it will take you to heights. But if you misuse it or try to exploit this power, it will be the one to bring you down. Thus, your employees should be treated as gems of the organization. Take good care of them and promote their health and well being. Invest in holding medical campaigns, vaccinations and other things necessary to maintain the health of your workers. Give them their sick leaves without grudging and you will see they will come back smiling and say, "You are the best Boss!" Sounds like music to the ears, right? Well, indeed it is.

See to that your employees are getting the best of everything - Only recently, a new law pertaining to the Cal OSHA heat illness prevention program states that you need to supply clean and purified water as well as make arrangements for adequate shade to ensure your workers' health and safety. Besides providing the same, why don't you go check out on how they are doing from time to time? Okay, you are busy but you can at least hire someone to see whether your workers are making the best of everything, can't you? That will show them that you care and have faith, this relationship building has major outcome in the future.

Impose a strict anti-harassment law - Issues like sexual harassment or discrimination should be taken seriously so as to provide your employees a sense of safety. This is crucial if you have a large organization where all of your employees work in unison with each other. While building healthy work relationships enhances the growth of your business, unhealthy incidents can ruin your name once and for all. Hence make sure that you take such issues and complaints seriously.

Thus, can you see how you, as an employer, can make use of the California Labor code to make your business one of the most reputed ones in the state? Take help from an expert HR consultancy firm exclusively for the employers in California to know all about the recent labor law updates so that you can make your employees aware of the same. If you take care of your employees, the law will surely take care of you.

UK Government Announces Plan to Reduce the Gap in Gender Pay

The UK government has recently announced that there will be a £2 million fund spent on initiatives aimed at reducing the gender pay gap between males and females. The funding will be spent on training, events, and monitoring programmes to help females move from low paid and low skilled work into jobs that are higher paid and higher skilled.

The measures will also hopefully help female employees in the event that they need to hold their company or employers to account over equal pay, or the lack thereof.

Currently the overall, average pay gap is 19.7%, and though this figure has been reduced from 25% in the last ten years, it still reflects unfair treatment of workers - in particular elderly and part-time employees. One reason for the gap is that there are more women, on average, in low paid jobs. The scheme will be looking to offer the necessary training to aim to help them move into the higher paid positions, careers and professions.

The initiative is to be carried out the by the UK Commission for Employment and Skills and will target women working in the science, technology, engineering and maths (STEM), retail and hospitality management, and agricultural sectors in particular.

The government will also:


• Publish guidance that will help women to compare their pay rate to their male counterparts.

• Invest £50,000 into further guidance to enable female employees to hold their companies to account in the event that they feel that they've been underpaid or paid incorrectly.

• Create and launch free pay analysis software to be made available to all companies and businesses so that they can calculate their gender pay gap.

• Implement extra measures to reinforce the existing Think, Act, Report initiative.

The minister for Women and Equalities, Nicky Morgan, stated that: "The measures we're announcing today will help to tackle the pay gap head-on. We will support women to move out of low paid, low skilled work, into high paid, high skilled work, through providing better training and mentoring." She added that: "We will also give both women and employers the tools to assess and address unfair pay."The measure will hopefully make it far easier for female employees, as well as the employers themselves, to identify pay gaps and issues with pay within their company, and also it will make it easier for them to bring the issue up with their bosses.

Injury by Accident V. Specific Traumatic Incident

There are generally two requirements for an employee who is injured at work, to qualify for Workers' Compensation: (1) the employee must suffer by accident; and (2) the injury must arise out of and in the course of employment.As a general rule, employees must suffer an injury by accident in order to give rise to a claim under the Workers' Compensation laws. The term "accident" has been interpreted as an "unlooked for and untoward event which is not expected or designed by the injured employee." For example, injuries by accident often arise in the construction context. An employee that falls from a ladder or trips into a hole would likely be able to claim any injuries resulting from that accident under the Workers' Compensation statute. Likewise, a welder who is injured due to an equipment malfunction or a supermarket worker who slips on a wet floor could also claim. Satisfying the injury by accident standard does not automatically result in a claim being valid. However it is an essential element. On the other hand, an employee who claims a workplace injury but cannot reproduce any details regarding when, where, and how the accident occurred will have an uphill battle in bringing the claim.

Furthermore, this claim cannot arise based on something that occurs in the normal course of an employee's work. For instance, if an employee normally lifts boxes and places them on a truck, an unforeseen knee injury resulting from that lifting likely will not qualify as an injury by accident.

As an exception to the injury by accident standard, back injuries-only require a "specific traumatic incident." The principal distinction between both are that the specific traumatic incident can occur within the employee's normal job duties. Here, the unforeseen, unusual aspect of the injury is not required, but it does have to be specific. Returning to the hypothetical above, if an employee lifts boxes onto a truck bed everyday as a part of their normal routine and injures his back while lifting one day, that claim could likely be brought as a specific traumatic incident. The employee's injury occurred during a specific instance at work.

It is often frustrating for claimants that the types of injuries covered under the specific traumatic injury standard are so limited. Every case is very fact specific. If you feel like you have been injured at work, you should consult a workers compensation attorney in your area for an objective evaluation of your case.

Should Restaurants Ban Tips?

Tipping is unspokenly mandatory. So much so that waiters have been known to chase after diners who leave less than the expected 15% of their tab. And this is with good reason. Federal law basically allows waiters to be paid below minimum wage - with tips meant to make up for the difference. This is why waiters are paid as low as $2.13 per hour in some areas. Even in New York, the starting pay is only $5.00 an hour in restaurants.

However, more and more restaurants are starting to ban tips. It has become common for some restaurants to include the tip for groups of six or more. Others are now including it for all tables and in their menus. Admittedly, this makes a restaurant seem more expensive than one that has lower prices on the menu but fully expects a proper tip left behind. People just generally don't think of the tip as a real amount to factor into a meal's price.

Why ban tips?

There are several reasons for eliminating tips. First of all, the amount of tips left by people varies widely, and is largely affected by things as arbitrary and discriminatory as a server's physical appearance, gender, race, and age. Other factors include things that are beyond the waiter's control such as the quality of the food. Diners often think that the amount they leave is up to their personal judgment. In reality though, leaving a lousy tip is tantamount to stealing from the waiter's wages.

It remains fundamentally flawed that a few select professions have salaries left to the whims of the clients. If a lawyer charges $60 an hour, he gets paid $60 an hour no matter how his finished work turns out. If a company charges $60 for mowing your lawn, you pay them $60 no matter what. If having your teeth cleaned costs $60, you pay $60 without first judging how much whiter your teeth have become.

In the restaurant business, the "backs" such as cooks and janitors, get paid a set amount for a set number of hours worked. If so, why shouldn't the "front" of the place - waiters, bartenders, even valet - get the same deal? Just like any other role in a restaurant (or any other job for that matter), the waiter puts in the expected amount and quality of labor, and so should be paid a constant and reliable amount in exchange.

In the first place, the percentage basis is also fundamentally flawed. Does it take less effort to bring you a $2 plate of fries than it does a $20 sandwich? And just how many of us can mentally compute 15% of anything, anyway?

Youth Employment Regulations

Youth of a nation is considered to be the future of the nation and therefore it is essential to guide them in the right directions and protect them from exploitation during work. Work according to law1 is defined as the human effort whether intellectual, technical or physical, exerted in return for a wage it may be permanent or temporary in nature. The federal law no. 8 of 1980 concerning the regulations of labour relations (hereinafter known as 'the law') provides for special provisions for the youth of the nation. Article 20 to article 26 of the law pertains to regulating the employment conditions of a youth and the present article evaluates and discusses the same.First, it is important to understand who all come within the definition of the term 'youth'. The term is not defined in the present law and therefore the general meaning of the term is to be looked into. In general terms, the term 'youth' means the phase of life which comes between childhood and adulthood. The age till which a person is said to be in childhood is not mentioned but article 86 of the Federal Law no. 5 of 1985 pertaining to the Civil Transactions Law of the United Arab Emirates State, a person enters the age of discretion at the age of 7 and further article 85 of the same law provides that a person in UAE enters the age of majority at 21 years of age. Therefore considering the age below 7 years as childhood and the age of and above 21 to be adulthood, the age of a youth should be between 7 years and 21 years of age.

The present article deals with the regulating provisions for the employment of the youth. Article 20 of the law provides for a minimum age for a youth to be employed, it provides that a youth of either of the gender must have completed a minimum of 15 years of age for being employed. Hence, the regulating provisions for employment of youth are applicable to youth between the age of 15 years and 21years of age. Employing a youth below the age of 15 years in the United Arab Emirates state would be illegal. Therefore article 21 of the law provides for measures to be taken by an employer to confirm the age of the youth before employing him/her. The employer is supposed to maintain a personal file for the youth and is under obligation to maintain documents giving proof of the age of the youth therein. The following documents have to be maintained in the personal file of the youth:1. A birth certificate or an official extract thereof, or an age estimation certificate issued by a pertinent doctor and authenticated by the competent health authorities. (for proof and verification of the fact that the youth is of employable age)

2. A certificate of health fitness for the required job issued by a competent doctor and authenticated.

3. A written consent of the guardian or trustee of the youth.

Further, the law provides for the maintaining a special register comprising essential information about the youth at the work place by the Employer. The said register is to contain information regarding the name and age of the youth, the full name of the guardian or trustee thereof, the place of residence, date of employment and the work for which the youth is employed. The date of employment is to confirm that the youth when employed was of employable age. The work role of the youth needs to be specified as youths are allowed to do work only that is considered to be safe for them. Article 24 of the law provides that employment of youth in hazardous, strenuous or in such conditions that are harmful to the health conditions of the youth is prohibited. The circumstances and environment that are considered to be hazardous and harmful to the health of the youth are determined by virtue of a decision issued by the Minister of Labor and Social Affairs upon the consultation of the competent authorities regarding the same. Here only the physical health of the youth is taken into consideration but with effect of an amendment the provision for safeguarding the mind and the mental health should also be added in the present law as youth is an age where the mind imprints very fast and easily and hence it is essential to keep it away from unethical, immoral and illegal activities.

Further, the law provides for the duration for which a youth is allowed to work in terms of timings and number of hours. Article 23 provides that a youth can only be employed during day time but this provision is limited to employment in industrial enterprises. Therefore there is no restriction on employing youth during the night time at work places other than industrial enterprises. It also provides the meaning of the word "night" to be a period of twelve consecutive hours at least including the period from 8 p. m. until 6 a. m. Article 25 of the law limits the maximum working hours to 6 hours per day for youths. These working hours would also include intervals for rest, meals or prayers. The intervals together are to be for a minimum of one hour and can be more than that but never less than that. Also the interval or the intervals are to be set in such a manner that the youth does not work more than four consecutive hours and the youth is not to be kept in the work location for more than seven consecutive hours. Further the law also has enumerated provisions within itself against charging the youth with overtime or retaining him/her at the work place after working hours or making the youth work of rest days which includes Fridays and public holidays.

At times it is necessary for the development and rehabilitation purposes that the youth is made to work for longer hours or to attend work on rest days. For such cases the law provides a special provision for philanthropic and educational institutions, that they may be exempt from the above discussed provisions if the Ministry of Labour and Social Affairs thinks fit. This is not a rule but only a discretionary power of the Ministry of Labour and Social Affairs which shall take all necessary facts and circumstances into consideration before granting any exemptions.

These provisions are to be kept in mind by employers, their representatives, guardians and trustees of the youth. As article 34 of the law provides that they are and shall be partially liable for the following of the above discusses provisions of the law.

1The federal law no. 8 of 1980 concerning the regulations of labour relations

Effects of Labor Laws and Costly Credit on Garment Exports

Lately, the Indian garment sector has witnessed a boom in exports, thanks to increasing demand from all major markets including the USA and the European Union. With big orders pouring in, garments have become one of the top growing export sectors in the country. Because of its high quality garments, India has become one of the preferred sourcing destinations for several brands such as Zara, H&M, Mango, Tommy Hilfiger, etc. However, the country's inflexible labor laws and costly credit are proving to be major roadblocks for the sector, especially when it comes to exports.

Stringent Labor Laws Affecting InvestorsThe stringent labor laws prevailing in the country have created great apprehension among garment manufacturers. They believe that the bigger they grow, the more difficult it is to run a business. It is to be noted that garment is one of the most labor intensive sectors in the country after agriculture. Hence, the impact is more on this segment than the others due to strict labor laws. More than 8 million workers are employed by the sector, out of which 70% are women. Often companies are closed without prior approval from authorities, which deprive workers of their statutory dues.

Take for example the Factories Act of 1948. This act restricts even a willing worker to work beyond 48 hours in a week. This not only reduces production capacity, but also his earnings. India's loss is its competitors' gain. Though labor costs are higher in China, yet its flexible labor rules, lower credit costs, subsidized power and better infrastructure has propelled its garment sector and exports. The Bangladesh government's bilateral treaties with European nations and other countries of the world have enabled buyers to import garments from the country without any import duty.

High Credit Costs Hurting IndiaHigher credit costs are also hurting garment exports from India. While credit cost in India hovers around 11 to 12%, the same is around 3 to 5% in rival nations. Shortage of electricity in states like Tamil Nadu and Andhra Pradesh, where many garment exporting companies are located are also hurting these companies. In these states, high labor costs have reduced manufacturing competitiveness to a large extent.

The Way Forward & ChallengesHowever, recently garment exports have started to pick up, aided by several external factors. According to data from the Apparel Export Promotion Council, India's garment exports to the EU has increased by 5.9% on year-on-year basis during January-May 2013, while those of Bangladesh and China have declined by 1.8% and 9.7% respectively during the same period. Yuan's rise against the dollar and labor unrest in Bangladesh has worked in India's favor. Importers now desire to buy from India, rather than Bangladesh because of safety related issues and the overall stability that India provides.

The Government of India has taken initiatives to attract investment in the sector. However, India must work out a way to make its labor rules more flexible to provide a competitive edge to the sector.

Occupational Hazards And Diseases

The increase in awareness about the rights of people of the working class has led to growth and wide acceptance of the concept of 'occupational health and safety' which is required for moral and legal reasons but also for financial reasons. Health and safety of workers in any professions or occupation is essential to increase their efficiency and productivity. Occupational health and safety which is also referred as OHS puts a duty on the Employer to ensure the safety of all employees working for him and associated with his establishment against all occupational hazards. Occupational diseases are the diseases that a worker becomes victim of due to the nature of work that he undertakes. It is a part of the occupational hazards.

Due to the awareness spread against occupational diseases and the efforts of the ILO (International Labor Organization) to protect the workers from such hazards, most countries including United Arab Emirates have drafted laws to protect and provide for safety measures by the Employer for the prevention of occupational diseases. The regulation of labor relations law which is the federal law no. 8 of 1980 (hereinafter known as 'the law') has such measures enumerated within itself. The present article discusses the measure that the employer needs to take in order to ensure the safety of the workers from occupational hazards and diseases and the responsibilities of the Employer towards a worker in case the worker is diagnosed of an occupational disease.

As a part of the safety measures against occupational diseases the law creates a duty on the employer to provide the workers with adequate protection means against the hazards of occupational injuries and diseases that may take place during the work. The measures are as listed below:

1. The first measure that the Employer is supposed to take is regarding awareness. The workers should be made aware about the occupational hazards and diseases that he is exposed to during work. The Employer must at a prominent place of the work site display detailed directions related to the measures taken for the prevention of fire and the protection of workers from the hazards that they may face during their performance of their work. Such instructions shall appear in Arabic language and in other languages that the workers understand as it is necessary that all the workers should understand the instructions.

2. The Employer is under duty to appoint physicians for a complete health checkup and to examine for the symptoms of occupational diseases every six months. The results of such examinations are to be recorded by the employer. The labor department is to be notified if the symptoms of any occupational diseases appear in the examination reports of any worker.

3. The employer is to provide the workers with the medical care means in accordance with the standards determined by the Minister of Labor and Social Affairs, and in conjunction with the Minister of Health.

4. The employer is also duty bound to adopt all other safety measures set by the Ministry of Labor and Social Affairs. The worker is to be provided with safety gear and clothing for the purpose of protection from hazards.

5. Apart from this, the employer also has to provide for first aid facilities for the workers. The cleanliness and ventilation of the work place should be as per the standards of the Ministry of Health. Also proper lighting, drinking water and hygienic sanitary facilities are to be maintained at the work place by the employer.

Schedule no. 1 of the law provides for a list of occupational diseases which includes Poisoning by lead and its compounds, Poisoning by mercury and its compounds, Poisoning by arsenic and its compounds, Poisoning by antimony and its components, Poisoning by phosphor and its compounds, Poisoning by petroleum, its products, compounds and by - products, Poisoning by manganese and its compounds, Poisoning by sulphur minerals and its compounds, Poisoning by petroleum, its gazes, compounds and by - products, Poisoning by chloroform and carbonic tetrachloride, Disease arising from radium or radioactive substances (x - rays), Chronic skin diseases, skin and eye burns, Damage caused to the eye by reason of heat and light and the complications thereof, Lung diseases resulting from Silica Dust, Asbestos (Asbestos dust) or cotton dust, Anthrax, Edema, Tuberculosis and Typhoid Fever.

The law further provides for compensatory reliefs for the worker onbeing diagnosed with a occupational disease. The first relief the employer is supposed to provide is medical care. The employer is to bear all expenses for the treatment of the worker in a governmental or private local medical center until the worker recovers or his proved by the medical examinations to be disabled. Such treatment shall include costs of hospitalization or stay at a sanatorium, surgeries, x - rays and medical analyses, medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic appliances when disability is established. The employer is also required to bear all costs of transportation in the process of the treatment.

In the event where the worker is not able to work due to the injury of disease, the employer is to pay him an allowance that is equal to a full wage for the entire period of treatment, or for a period of six months where the period of treatment is more than six months. The allowance is to be reduced by half for the period following the six months or until the worker fully recovers, is declared disabled, or dies.

The Law provides for compensation in event of partial disability of the worker in a permanent manner. In such cases a schedule is provided with the law where the amount of compensation is provided according to the type and degree of disability.

In case of permanent and complete disability the compensation to be provided is similar to the compensation provided in the case of death of an employee due to the occupational hazard or disease. In case of death the family of the worker is provided with the compensation. Members of family who are provided with the compensation are the persons in the family who are totally or mainly dependent on the deceased worker. The beneficiaries thus include the following:

1. The widow (s).

2. The children, namely:

a. Sons under 17 years of age, under 24 years of age regularly enrolled in academic institutions, and sons who are mentally or physically incapacitated in such an extent that they are unable to earn their own living. The term "sons" shall include the sons of the husband or the wife dependent on the deceased worker at the time of his death.

b. Unmarried daughters including also unmarried daughters of the husband or the wife dependent on the deceased worker at the time of his death.

3. The parents.

4. The siblings in accordance with the conditions set for the sons and daughters.

The amount of compensation awarded in case of death of a worker is equal to the basic wage of the worker for a period of 24 months. There is a minimum limit set to this compensation amount which is eighteen thousand dirhams and the maximum limit is set to thirty five thousand Dirhams. The last wage of the worker is to be considered while calculating the basic wage.

Such compensations shall not be provided to the worker in the following cases:

1. The worker intentionally gets injured in order to commit suicide.

2. The worker intentionally gets injured to receive compensation amount.

3. The worker intentionally gets injured for the sick leaves.

4. At the time of the accident the worker is under the influence of alcohol or narcotic drugs.

5. The worker intentionally breached the safety instructions of the employer.

6. The worker is injured due to his gross misconduct.

7. Refusal, without valid cause, by the worker to undergo periodical medical examination to diagnose for occupational disease.

Detroit Retirees Ponder Future Pension Cuts in Wake of Judge's Bankruptcy Ruling

Now that the City of Detroit has been given the green light to proceed with restructuring under the protections of Chapter 9 of the U.S. Bankruptcy Code that govern municipalities, potential large-scale cutbacks, including the pensions of city retirees and steep losses for unsecured creditors, are likely the order of the day.Reading aloud from prepared text for more than one hour, U.S. Bankruptcy Judge Steven Rhodes ruled on December 3rd that Detroit is officially eligible for bankruptcy because it met the specific legal criteria required to receive protection from its creditors. As a result, Detroit now holds the title of 'largest bankrupt city in U.S. history.'Detroit is $18.5 billion in debt, and says retiree benefits and retiree healthcare account for half of its liabilities with $5.7 billion of debt stemming from retiree healthcare and an additional $3.5 billion in unfunded pension liabilities.Although Rhodes ruled the city did not "negotiate in good faith" with its creditors, he called those negotiations "impracticable," since many of the more than 100,000 creditors were unable or unwilling to negotiate in the first place.

As part of the restructuring, Rhodes also decided the city could cut pensions, ruling against an earlier argument by Detroit's 23,500 retirees that Michigan's constitution allows for special safeguards that protect retiree health care benefits and pensions from being slashed. While Michigan's constitution protects public pension benefits as contracts, those contracts can be impaired in a municipal bankruptcy, Rhodes determined.

Yet, Rhodes cautioned that his court would not necessarily confirm any plan of adjustment that impairs pension rights, saying the restructuring plan must take into account all creditors-including retirees-and weigh that against what is most judicious for the city.

The American Federation of State, County and Municipal Employees Council 25 (AFSCME) filed a notice of appeal claiming the judge made an error in ruling that federal bankruptcy law takes precedence over public employee pension protections entrenched in the Michigan constitution. Michigan Attorney General Bill Schuette called the judge's decision disappointing and said he will file amicus briefs with the court reaffirming his support for protecting pensions. Other labor groups and Detroit's pensions are expected to appeal as well.

Rhodes declined to stay the bankruptcy proceedings as appeals begin to proceed through the courts and said all motions to appeal his ruling must first be filed in bankruptcy court. He previously stayed all state court action in the case.

Now that Detroit has been declared 'eligible' for bankruptcy, Detroit emergency manager Kevyn Orr is finalizing a "plan of re-adjustment," which is slated to be filed by early January. Prior to the bankruptcy ruling, Orr's initial proposal, which offered unsecured creditors shares in a $2 billion note in exchange for $11 billion in unsecured debt, may be altered.

Other financially troubled municipalities with unfunded pension liabilities will be keeping a close watch on future developments in Detroit. Unlike employees who work in the private sector, public pensions are not protected by the federal Pension Benefit Guarantee Corp.

Even though some analysts predict the arduous process of proving bankruptcy eligibility alone will keep most municipalities from imitating Detroit, the ruling does provide a model on which other cities may try to follow in the future.

Quoted in a December 3, 2013 Reuters article about the bankruptcy ruling, Richard Ciccarone, president of Merritt Research Services, said this decision "could create more bankruptcies because it's a way to get out of pension contracts. It more than likely will mean that hard-pressed, stressed creditors with legacy liabilities will have to consider the option."Robert Novy-Marx, an associate professor of finance at the University of Rochester's Simon Business School calls the judge's ruling "hugely important" in a December 3, 2013 Detroit Free Press article. "In terms of the legal landscape, it clarifies the fact even pension benefits can be impaired," he said."That very much changes the conversation that workers and municipalities have going forward," said Novy-Marx, who has expertise in public pensions. "Up until now, the workers have said we're going to get paid no matter what. We're not going to negotiate."Rhodes' ruling also means that the Detroit Institute of Arts (DIA) is not exempt from the restructuring. The city-owned collection, which includes paintings by Vincent van Gogh and Henri Matisse among other prized possessions, is being evaluated by auction house Christie's, since about 500 pieces could be affected by the bankruptcy, according to Detroit emergency manager Kevyn Orr. Christie's auction house estimates on a preliminary basis that artwork purchased by the City for the museum's collection is worth up to $866 million.

Detroit is not the only U.S. city facing daunting pension obligations. Chicago faces a $20 billion pension shortfall, while the state of Illinois holds the dubious distinction of being the worst funded public employee pension system in the nation with almost $100 billion in unfunded pension liabilities. Illinois passed a long-awaited public pension reform on December 4, 2013, which was signed by the governor and is being challenged by the unions.

Workers' Compensation: How to Ensure You Are Getting the Benefits You Deserve

If you are injured at your place of employment as the result of an accident that prevents you from returning, then you are entitled to workers' compensation. The system is put into place to cover medical costs and protect employees who can no longer earn an income because of injuries they sustain while working. Like most government systems there is a high rejection rate, in part to save money and also because of the many people who submit false claims. Even though the system is difficult, there are some things that you can do to give yourself the best possible chance at receiving the benefits you deserve.

Make Sure You Report Every Injury Sustained

Every time you are injured on the job or get ill because of work, you need to report it to the proper channels. It's not enough to tell your boss and walk away; you need to have it in writing which means filling out a detailed incident report. If you aren't given a report to fill out then your employer will have no record of the injury and may deny that you ever complained to them. If there is no paperwork or an insurance adjuster doesn't call you up to discuss it, then something is amiss. Follow up with your boss or go up the ladder until you get results.

Keep Detailed Medical Records

You should let anybody caring for you know that your injury was sustained at your place of employment so that they can forward your medical bill on to workers' comp and not to you. If you choose to visit a doctor that is not suggested by your employer then you need to be certain that they are certified for workers' compensation claims, otherwise you will be stuck with the bill and will have to apply for reimbursement, which can take a long time. Make sure you keep copies filed away in your records of every hospital or doctor's visit you have made, as these records will come in handy if you aggravate an old work injury and need to prove it.

Be Wary of Employers Who Refuse Your Coverage

In certain cases it's the employer who is responsible for the employee not getting workers' compensation, often convincing employees not to make a claim by lying and saying they wouldn't be approved. Workers' compensation is a no-fault insurance, which means that even if you caused the accident (within reason) you will still be covered. Some employers convince employees that the accident was their fault and that they will not be covered. This is a way for companies to keep their safety records up by keeping accidents off the books and to save any money they would have to pay in compensation.There are ways to make sure you get the best possible benefits on your workers' compensation claim, and they just require hard work, dedication, patience and possibly a personal injury attorney. The biggest thing to know is that lying or cheating is not only illegal, it rarely works. Always be honest. If your claim is valid then you will hopefully have no problems receiving full workers' compensation for your injuries.

A Tool or a Fool for Discrimination?

Discrimination: Staking the Odds or Stocking the Shelves, That is the Question.

Algis stocked shelves and checked out customers in the local supermarket chain store. Gordon wasn't too sophisticated in matters of social grace, but he had a basic respect for all people - a trait taught to him by his Lithuanian mother, Lina. Lina immigrated here as a young girl and raised Algis as a single mother. Algis grew up with stories of how men at his mother's work harassed her. He wasn't about to let that happen to the young women at the grocery store.

Gordon was Algis's supervisor. Gordon was married, overweight, and gruff. He viewed himself as quite the charmer, despite complaints of body odor. He became a store supervisor just a year earlier. Algis had worked for the supermarket chain for nearly 15 years, and had seen a number of supervisors come and go, but Gordon was unique. Gordon showed clear preference for the young female workers whom he teased, and whom he rewarded with better schedules and promotions if they returned the attention. But some of the women resented Gordon's extra attention. They complained among themselves that Gordon's "teasing" was often sexually offensive, and seemed to become more sexually explicit with time. The women also resented that some of the women who went along with Gordon became his "favorites" while they were denied pay increases or promotions.

Algis watched all this interaction between Gordon and the women from a distance. The women didn't include him in their conversations about Gordon, but he could see for himself what Gordon was doing, and it reminded him of the men Lina had described at the dinner table. He felt the need to report Gordon's behavior. Should he confront Gordon directly, he wondered. He decided to report Gordon to the store manager. The store manager, following company policy, took the matter to Divisional Human Resources, who investigated, and not surprisingly, found no sexual harassment, but did report some "inappropriate behaviors," and gave Gordon a hand slap that went into his personnel file as a "first warning."Discrimination in the Words of Walter Scott."O, what a tangled web we weave when first we practice to deceive!

"The Human Resources investigator had promised Algis confidentiality, but she disclosed to Gordon that Algis was the accuser. Gordon for a while pretended not to know, and for several months "laid low" to avoid being detected in his new mission to get rid of Algis. His chance came with he found expired product on shelves that Algis had failed to remove and replace. Gordon prepared a long "write-up" that included references to the public health and the reputation of the store, and warned Algis one more error would result in termination. A few weeks later, Gordon took expired product from the storage room, and late one evening when no one was looking, removed current labels and replaced it with the expired items. The next day he did a store inspection with Algis and several other clerks, Gordon "discovered" the expired product, blamed Algis, and proceeded to report the infraction to to his store manager, with a recommendation for firing.

The store manager then contacted the regional manager, who reviewed the facts and determined the firing was justified, and so signed off. In the Company's chain of command, the store supervisor could not fire employees without a review and approval by the store manager, the regional manager, and the human resources manager. All three in Algis's case found cause to terminate.

Discrimination Defenses

So when Algis sued the Company for unlawful retaliation, the company raised a number of defenses including:   

Algis wasn't the victim of retaliation because the persons making the decision were not the subject of his earlier "hostile work environment" complaint, and they didn't know about the alleged harassment or that Algis had complained.   

Algis was fired for good cause.   

The long period of time between the complaint and the firing was itself evidence that the firing was not caused by retaliation.

The Company felt so strongly it could win on these defenses that it filed a motion for summary judgment to have Algis's case dismissed as a matter of law. But Algis's attorney raised several cases that persuaded the court to let the case go to jury trial:

Reeves v. Safeway Stores Inc. (2004) 121 Cal.App.4th 95, 114; Dejung v. Superior Court (2008) 169 Cal.App.4th 533 and Staub v. Proctor Hospital (2011) 562 U.S. 411.Algis contended these cases allowed his case to go forward on the premise that while Gordon was the only person motivated to retaliate, he influenced the others with his false information. The court agreed, following the "cats paw" doctrine. That doctrine is basically that if there are good actors and bad actors in the termination decision process, the decision will be deemed entirely bad if the bad actor influenced the outcome.

Discrimination Proof and Timing

On that matter of timing of the decision, Algis's attorney threw the gamut of cases before the court holding that time is sometimes independently a sufficient proof that the firing was caused by the retaliatory motive. Of course, the short the time, the more likely the inference of causation, but there is no outside limit set by the cases. The U.S. Supreme Court has explicitly held that there is not necessary outside time limit to sustain a finding of causation, but in the particular case then before it, found that twenty weeks (5 months) was too long. Clark County School Dist. v. Breeden, 532 U.S. at 237-74. In Thomas v. City of Beaverton (9th Cir. 2004) 379 F.3d 802, 812, seven weeks did not preclude the finding of a causal link even without other evidence of causation. Alas, in this uncertainty, only this is sure: "Come what come may, time and the hour run through the roughest day." [Shakespeare, Macbeth].

Discrimination Aftermath

Algis survived summary judgement, and with still more fight ahead, obtained a specific jury finding that the retaliation for his reporting of what he believed to be a "sexually hostile work environment" was a "substantial motivating factor" in his termination. It helped a bit when Algis's attorney introduced surprised video footage showing that Gordon had made the "expired product" switch the night before the store inspection. Algis's attorney received the digital time stamped recording from one of the quieter female store clerks who had too long tolerated Gordon's antics. From "All's Well That Ends Well," I leave this final quote: "Love all, trust a few, do wrong to none."

Solve Your Credit Card Debt Problems - Seek Help of a Good Credit Attorney

Are you floating into the sea of credit debt trap? Well, you need to know that you are not alone in this but there are several Americans too who are facing the same kind of problem. Such situations are increasing because you are forced to swipe your credit cards due to insufficient money. Besides this, if you aren't employed in a good firm, then you are not making good bucks for sure. Also, using the plastic money too frequently and spending beyond your means will lead to unnecessary debt problems. Do you want to overcome your debt problems? If yes, then what are you waiting for? You may take the help of a good lawyer and ask him to help you with the credit card payments. They may even help you with your rights and draft a suitable repayment plan so that you can get rid of debt problems soon.

Some ways how a credit attorney can help you with the credit bill paymentsIf you have accumulated extreme credit debt and you know not how to repay them, seek help from a lawyer. Check out some ways how an attorney can help you with credit card bill payments.

Stop getting the collection calls - When you ask your lawyer to help you with the credit card bills, he'll take the responsibility of contacting your creditors so that they may not call you for the payments. However, if the creditors still call you, then your lawyer may send a cease and desist letter to them as per the rights under the FDCPA.

Determine the rights of a debtor - Being a debtor, it is extremely important that you determine your rights. Your attorney can help you in negotiating with the creditors. They can also help you with reduction in the interest rate and thus, the payments. However, you are accountable for paying the card balance that you've incurred.

Draft a suitable repayment plan - Your attorney may formulate a suitable plan so that you can pay off the credit card bills you owe. He will also be able to suggest you if any of the debt relief options such as consolidation, debt settlement or bankruptcy may be suitable for your situation. Besides this, he can also suggest suitable ways how you can reduce the credit card debt problems soon.

Follow the plan offered by your lawyer - Your lawyer will suggest you a suitable plan for eliminating the debt problems. It is important that you stick to the plan offered by your lawyer. Be sure that you will be able to make the monthly payments with the new plan. If you think you cannot, request your attorney to assist you how you'll be able to make the credit card bill payments.

Mediator between you and the credit card company - You need to know that your lawyer acts as a mediator between you and your credit company. As such, if you want to talk to your creditors but aren't comfortable, then you may ask your lawyer to help you out in this matter. This way, you will be able to solve your credit card debt problems.

Thus, these are some effective ways how your lawyer can help you with the credit card bill payments when you have piled up a huge amount.

Important Labor Laws You Should Know When Starting a Business

Whenever you are looking to start a business (doesn't matter if it is an online or offline venture), it's always good to get in touch with legal experts or local governing bodies to get an idea of laws and regulations that will affect your business. From advertising and marketing to workplace safety, and finance to intellectual property laws, there are certain rules and regulations that you need to abide by, not to forget the licensing or registrations that you will have to go through before commencing a business.

Business laws can differ from one country to another and one state to another state, so it's always advisable to do the due diligence and save your business from trouble later on. There are certain laws that affect a specific type of businesses, for example, the food safety laws are devised for businesses dealing in food & beverages, or import and export laws for businesses involved in import and export. But there are some laws that affect almost all businesses, for example income tax laws or labor laws.

Labor laws consist of laws,decrees, rules, and regulations that involve the relation of employees and employers. Some common labor laws include minimum wage, working hours, child labor, worker's safety, or workers compensation. Let's have a look at some of these laws. But remember that this post is meant only as an overview, and you must consult with the legal experts and the concerned authorities to be sure of your rights and obligations.

Working Hours:

Its mind boggling to know that working hours were ranging from 10 - 16 hours, and that too for six days a week in the olden days. These days, eight hours a day or 40 - 48 hours a week is pretty much a standard in all developed countries. However, the employees can choose to work for extended hours on their own (in return of overtime compensation). Of course there are exceptions, and you won't see this law being applied at some places or in certain sectors, still you need to keep your working hours somewhere near to the standard.

Work Health and Safety:

To start with, you need to provide your workers with a safe working environment, to make sure workers are not subjected to injuries or illness due to the working conditions or nature of job. You need to make sure that appropriate safety measures are in place, protective gear is available when needed, and all sorts of safety standards are observed at workplace, plants, warehouse, and transport.

Workers Compensation:

In case a worker suffers a job related injury or illness, the business will have to pay for medical and rehabilitation bills, disability payments, and other benefits depending on the severity of the injury or illness. Again, workers compensation laws will vary from one place to another, so you need to consult with the local experts (e.g. workers compensation Atlanta) instead of relying solely on the online information.Wages & Overtime Compensation:

Minimum wages rates can range from as high as $20,000+ (per annum) to as low as $800 or lower in developing countries. Minimum wage law means that you cannot hire employees for less than the minimum monthly, hourly, or daily wage set by the government. Similarly certain countries or states make it obligatory for businesses to pay higher rates to employees working overtime.

How to Win Worker's Compensation Cases

So you've been hurt, maybe terribly, maybe not so much. But your injury will hamper your efforts from going back to work and eventually a pay cut. Worker's compensation should be able to take care of that. However, what will you do if your employer does not have a provision for worker's compensation? Do you just wallow in the corner and take a leave instead? In these situations, you at least have to fight for your right. But just how are you going to do that? The answer of course is to file a worker's compensation case. The problem now is how to win the case, and how to get what you are owed. With this enters these steps to help you get through.

While the idea of workers' compensation is clear-cut, winning a workers' compensation case is not always a walk in the park. Even with a case that has evidence in favor of the employee, there is frequently a chance that the employee will not gain access to the benefits of workers' compensation. In order to know how to win or mainly to get the idea what to do in a workers' compensation case, there are a few things to be familiar with and take action on:

1. Immediate treatment is the best!

As much as possible, get medical treatment immediately if you are injured or sick from an incident which happened while you are at work. By doing so, it becomes the best interest of your health as well as your workers' compensation claim. Your doctor will give his prognosis and be sure to follow any advice given to you by the doctor or hospital you had treatment in. Proper medical treatment should be your top priority at all times. This will not only give you a strong evidence for your case, it is also basically beneficial for you as well.

2. Know yourself.

Prior to filing the case, do a self-assessment first. This will help you identify whether or not you have a viable case once you are feeling rational again. If you are injured or sick due to a work-related incident, your case is probably valid. If you feel like your injury is not because of your work, then opt to skip the case instead and try to negotiate with your employer outside the court. This will not only save you time and effort, it will also save your working relationship.

3. It's okay to ask for help.

While the budget may be a problem for most employees, it would be good to at least seek council with a workers' compensation attorney. This is because your case will be subject to statutes of limitations under the workers' compensation program that is regulated by your city.

4. Hire an experienced attorney.

An experienced lawyer will definitely help you through. If the problem lies in your budget then you can seek for local lawyers who are specialized in worker's welfare. They are more likely to be the ones most knowledgeable about worker's compensation cases.

5. Cooperation will get you through.Your lawyer will be asking you a lot of questions, and medical documents. Cooperate as much as you can so that you will have an easier working relationship with him. Remember, he will be the one helping you throughout the entire case.

State Pension Reform Stymied by Court Opposition

Although many states have chosen to take divergent paths, courts have stopped several of them from restructuring, forcing administrations to work within the confines of their employee retirement plans. As a result, public employers are not afforded the flexibility to adjust the rate at which a worker may accumulate benefits, even in regards to work that an employee will do in the future. This constraint inhibits pension reform and the ability to manage the high cost of underfunded, and frequently, unrestrained, public employee pensions.

Contract ISSUES

Why do courts have the authority to block the public sector from making changes to their pension plans?

In an October 16th Bloomberg article, Steven Malanga, Senior Editor of 'City Journal' and a Senior Fellow at the Manhattan Institute think tank, wrote, "Many legal protections given to public-sector pensions arise from court decisions that treat laws governing public retirement systems as a contract between the state and a worker.""That puts pensions under the jurisdiction of the contract clause of the U.S. Constitution, or under state contract law," according to Malanga.

For decades, California courts, including the California Supreme Court, have been sticklers on upholding contract law to preserve pensions. Not only does the worker's contract commence on the first day of employment, according to Amy Monahan, a professor at the University of Minnesota Law School and author of a 2012 Iowa Law Review article about California's stance, but it safeguards both past and future pension accruals.

Even though federal court decisions have held that prospective changes to contracts are not unconstitutional, Monahan points out that 12 other state Supreme Courts, have, in essence, created a bloc that embraces California's rule on pension law. These states include: Alaska, Colorado, Idaho, Kansas, Massachusetts, Nebraska, Nevada, Oklahoma, Oregon, Pennsylvania, Vermont and Washington.

In addition, California courts have stretched the rule to include other benefits such as health care. In 2011, the California Supreme Court applied the precedent to retiree health-care benefits, ruling they-like pensions-are a vested contractual right that cannot be changed. In September, a Los Angeles judge decided that the city could not freeze its retiree health-care benefits.

Other States' Efforts

There has been a concerted effort to amend state constitutions so that governments can modify public employee retirement plans.

Not surprisingly, a leading proponent of pension reform comes from California. Chuck Reed, the mayor of San Jose, has launched a proposed ballot initiative to specifically address and abolish the Supreme Court precedent to enable pension reform. Annual payments by San Jose to fund government pensions have jumped from $73 million in 2002 to $245 million in 2012.

New Jersey voters are starting with small steps. They approved a minor change to their constitution related to the pension reform of judges. In 2011, judges disputed state legislation requiring them to contribute more to their retirement. When a state judge blocked the proposal in court, the legislature put an amendment on the ballot to change its constitution, and 83 percent of voters approved it.

The state with the unfortunate title of "worst state pension crisis in the U.S." by Moody's Investor Service is Illinois, where public-union leaders argue that the Illinois constitution denotes that the state cannot make changes to its pension system for current workers. Prominent Chicago law firm Sidley Austin LLP challenged that line of reasoning in a brief, saying the clause only protects benefits that have already been earned. Advocates of pension reform have advised the Illinois legislature to at least enact changes and see if the state Supreme Court rules that they meet required standards. If the court does not, amending the state constitution may finally gain some strength this time as Illinois is spending $6 billion from its $31 billion general fund on pensions, mushrooming from $1.8 billion in 2008.

Even Colorado, a supporter of the California approach, is looking at alternatives. After the state legislature reduced annual cost-of-living increases for pensions in 2010, retirees sued to stop the changes. In 2011, a district court ruled in favor of the reduction, but a superior court reversed that ruling. Colorado's Supreme Court is now considering the case.

If Reed succeeds with his California voter initiative plan, other states may follow suit. In the meantime, difficult struggles lie ahead in The Golden State and elsewhere. However, without the ability to adjust retirement benefits yet to be earned, state taxpayers can look forward to burgeoning pension costs in the years ahead while public employees and retirees likely will see their benefits reduced through bankruptcy.

Health and Safety Management - The Changes From October 2013

Throughout October several changes in health and safety legislation took place. How to be safe and how to manage the safety of workers? RIDDOR(Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), First Aid Regulations, Young people at work regulations, are just few of the recent changes among the many bits and bobs of that the authorities were trying to adjust or remove. Ever since the Lofsted Review the Government has been aiming to make it easier for all of us...

Less safety requirements do not necessarily simplify things, at least not for everyone. Overall, there are lots of positive changes; however some of them are not as clear and simple as they were intended to be. Depending on the kind of service provided and the size of your business, those new changes would may impact you in some way. The truth about this new approach the authorities are promoting is that everything is simplified and easier, but the penalties and fines are even higher for those who make mistakes. Everything is an attempt to be direct and straightforward for you to comply, however if you do not have a full and clear understanding then professional advice and guidance should be sought after.

So whatever duty holders do or do not do, every health and safety failure translates into more expense. The change of attitude towards health and safety is the essential change that hopefully will be seen in the next couple of years. More than anything, the idea is to start perceiving health and safety as an integral part of good management generally. Rather than seeing it as a separate system of rules, "unnecessary" and "expensive", which is quite the generalized opinion among many companies?

A revised version of the Guidance for Successful health and safety management (HSG65) is due to be published in the next few months; the refreshed guidance will be available on line on the HSE's website. In general it represents the above mentioned change of attitude towards health and safety. The simplified recommendation on how to keep workers safe is moving from using the POPMAR (Policy, Organising, Planning,, Measuring performance, Auditing and Review) to the much more clearer slogan "Plan, Do, Check, Act".

This is a quite useful way of thinking and organizing your office, factory or building site... Maybe some people would be able to apply it in their personal lives too? It represents a breaking point of the perception of the "dreaded" health and safety compliance. Over the years, different experiences and talks with colleagues have taught us that business owners and managers whom are effectively using health and safety as a managerial tool are the most successful ones. It can be tricky to start off, but once you have a well organized business, the ball starts to roll and the benefits are not late to arrive.

Plan, where you want to be, identify any problems and make a clear list of simple steps and people who will be responsible for corrective measures. Make sure the basic legal documents that safety compliance requires (health and safety policy, risk assessments etc) are well written and well understood from everybody who is affected by them. Once you have a workforce conscious of the fact that they should work in the safest possible way, everything tends to get easier. This is the stage when you should decide how to monitor performance - based on active indicators such as health surveillance, routine inspections as well as reactive methods, for example monitoring sickness absences and investigating accidents and incidents.

Do, everything is now risk assessment based, it is all about conducting the necessary assessments and manage them, always start with the biggest risks/hazards. Everyone from the top to the bottom of the organization should be clear on what they should do. Invest in things like training, competent professional advice, introduction of new equipment and ensure you have the correct and trusted supervision.

Check, when having to monitor health and safety and/or how well your production line is organized, there is nothing better than implementing in house spot checks and audits. Do not rely only on what the documentation is saying, go and see it for yourself and talk to your workers and line managers.

Act, learn from the mistakes and compare your results with those of other companies, even competitors. Take into account the information from accidents and incidents, sick absences and near misses will tell you where failures are.

Do Hospitals in Your Community Practice Racial Discrimination? It's Not A Farfetched Question

In 2013 in one of the most progressive counties in the State of Florida, it is an "open secret" that racial and religious discrimination is practiced in many if not most area hospitals. Seems hard to believe, but when black or other minority hospital personnel report discrimination to management, they discover that a quiet, unpublicized policy allowing racial and religious discrimination exists. The policy can be found in what officials call a "hospital-wide directive.""How could this be," you might wonder? Imagine a sign on a bassinet in the delivery room that reads: "No African American nurses to care for baby, per dad's request."Paradoxically, this discrimination is justified as part of "patient rights."A front-page story about hospital discrimination designed to protect patient rights quoted administrators who defended the policy as necessary "to properly care for patients." A black nurse, removed from a patient's care, asked, "what about my rights?" The answer is her rights were subordinated by the administration of the hospital in order to go along with bigots who demanded that no black people participate in their care or treatment.

I found this amazing. In Mississippi or Alabama, I could believe it. Maybe Georgia, South Carolina or Texas-sure, this could happen. But Florida? Pinellas County? Quelle horror!

It brings to mind a comment by the late Christopher Hitchens in Hitch-22: A Memoir: "The one thing that the racist can never manage is anything like discrimination: he is indiscriminate by definition."How is it that some hospitals in Florida have unwritten policies that protect the rights of bigots to engage in racial discrimination or for reasons associated with religious beliefs? I'm not making this up- you can read the story of such "rights" in an article by Weston Phippen. The piece is entitled, "Hospitals Balance a Patient's Request with a Fair Workplace" in the Tampa Bay Times of November 10, 2013.One black nurse unwilling to subordinate her rights to those of a bigoted white patient filed a lawsuit alleging discrimination in the District Court in Tampa. Ms. Syrenthia Dysart claimed that at Palms of Pasadena Hospital of St. Petersburg, an "open secret" directive violated her right to a discrimination-free workplace. The case is pending. In Michigan, a similar case was settled out of court-after the hospital officials apologized, pledged to end the practice and paid the nurse $200,000.

While patients do have rights, such as to refuse medical care, to informed consent and to refuse care for whatever reason, the hospital and the staff who work there have rights, as well. A law professor cited in the Times story said that if a patient puts an undue burden on the hospital, the facility can advise a patient that it is unable to accommodate a discriminatory request. It can then arrange for the patient's transfer to another facility, if the patient is able to be moved.In a nationwide survey of 127 doctors by the University of Chicago, 20 percent reported having encountered "race - or religion - related demands from patients. Some studies found that accommodating racial prejudices can be beneficial to bigoted patients. A 2003 study cited in the Times account "showed that when a patient and physician are of the same race, on average the visits were more than two minutes longer and the patient was more satisfied with the care."I say "too bad"-better to have shorter visits and less patient satisfaction than to accommodate racial, religious or other prejudices. Perhaps better patient outcomes would also accompany increased tolerance if bigoted patients were given lessons in the rights of all people. Perhaps hospital Bill of Rights given to all patients upon entry should incorporate this observation by Jarod Kintz: "I accept all people-even the people I find unacceptable." Let all patients know that they will be expected to do the same.Good wishes and stay well.

Common Workplace Issues That May Require The Services Of An Attorney

Your job is your source of livelihood and therefore, you do your best to retain it. While you feel obliged to discharge your duties to the best of your abilities, you also want your employer to make sure that a comfortable working environment is provided to all the employees. You expect to be treated fairly and with compassion by the employer, but at times, situations arise that make you uncomfortable and deter you from putting in your best efforts.

As an informed and aware employee, you should know that federal and state laws are in force to protect the rights of the workers. However, an average employee may find it difficult to understand as to which labor or employment issues are included under the purview of the Labor Law and what types of legal recourses are available to him/her in such issues.

The legal language is such that it is not easily understood by the common man. To ascertain whether a particular law is applicable to your situation, you need a skilled attorney. Therefore, if you suspect that you need to invoke the law to protect your rights as a worker, you should consult an attorney specializing in Labor Law who will assess your case accurately and suggest further action. To find a suitable lawyer, you should log on to a comprehensive local business directory and pick up details about the reputable attorneys whose services you can avail.

Some workplace issues that usually call for the attention of a Labor Law attorney are:   

Salary/Wages Issues: The law has laid down minimum wages for different types of jobs. If you suspect that your employer is paying you less than your due, you can get legal assistance.   

Illegal Firing: If you think that your services have been terminated without any justifiable reasons, you can consult a lawyer regarding whether the termination is lawful.   

Workplace Harassment or Violence: Every employee has a right to have a safe and secure workplace where everyone is treated without any discrimination. While discharging your duty, if you become a victim of violence or are harassed in any way (sexual, racial or any other) by the employer or any of your co-workers, you can seek legal help.   

Overtime Payment: If your employer tries to take advantage of you by refusing appropriate overtime wages, you should consult a lawyer.

An experienced lawyer can intervene on your behalf with your employer and mediate skillfully to work out a settlement that satisfies both the parties. In case you do have to resort to litigation in the court of law, a qualified lawyer will know how to present your case and argue in its favor in such a way that you get the justice that you deserve.