Written on July 31, 2010 by admin
Filed Under: Labor Law
Should labor organize a million man/woman march on Washington,DC during the Spring of 2009? Yes, it should!
What is the labor I am referring to? Well, consider the unions that are left in the country such as the automotive unions, the Teamsters, the United Mine Workers, etc now consider the 2 million plus individuals who have lost jobs during 2008. Next, consider those that will lose jobs during the first quarter of 2009, let’s say may another 500,000 to 750,000 individuals. Next throw in the families of all the unemployed. Yes, I would say that a million man/woman March on Washington, D.C. is possible and needed!
It is needed to show those entrenched Washington politicians who are in the pockets of the corporations who they really work for and who they really should fear. Yes, I said fear!
You see during the 1800s corporations were not as powerful as they are today. Don’t get me wrong there were plenty of battles between labor and private detectives, law enforcement and the military but corporations had a limited life span, they were chartered for a set number of years and for a particular purpose. In Santa Clara v. Southern Pacific Railroad where the Supreme Court Reporter inserted that coporations had 14th amendment rights. Here is where everything started to change and the corporations became more powerful. The 14th amendment passed after the Civil War gave freed slaves equal protection under the law and due process of laws.Now it was applied to corporations. Corporations had the right to challenge regulatory laws, they had the right to challenge any attempt to limit their “lifespan”. So what does that mean? Take a look around at these corporations, some global in nature, that have grown so big they are considered by politicians as “to big to fail”. Another issue is that the board of directors of a corporation owes a duty to the shareholders to make as much money as possible. This is why we are in the present situation.
Greed, it is all about greed and power. These corporations want to suck every nickel they can out of the American consumer. The credit card companies really do not wish for the American consumer to get out of debt. Think about it, if everyone in America suddenly cut uo their credit cards and refused to use them ever again. Do you think the credit card companies, which are publicly traded, might have a problem? Do you think they care about you or your families? They don’t! If there were civil unrest these mega millionaires would be on a flight out of the country and to Switzerland.
But back to the March, do you think it would send a message to the politicians and their corporate masters. Time is running short to take back the country. It is time to place people before profits. It is time to make sure that no one in America is homeless. It is time to make sure that no one in America goes to bed hungry. It is time to make sure that everyone has health insurance just like the members of Congress. Again, people should come before profits!
If you wish to chat about life, the universe, and everything feel free to call me. Please visit my websites www.duilawyerofpalmbeach.com and www.expungemyfloridaarrest.com .
Copyright, All rights reserved by Timothy Foster, 2008.
Mr. Foster holds a B.A. in Political Science, a B.A. in Legal Studies and a J.D. in Law. Mr. Foster is a member of The Florida Bar and practices primarily in the areas of criminal defense with a special emphasis on defending D.U.I.s and in the area of Family Law. He maybe reached at 561-616-8700 7 days a week. Feel free to visit his blog at http://floridaduidefense.blogspot.com or his website at www.duilawyerofpalmbeach.com or www.expungemyfloridaarrest.com.
Written on July 31, 2010 by admin
Filed Under: Labor Law
Are you concerned that your employer isnât paying you properly? Do you think you might need to speak to a California labor attorney to discuss such issues as alternative work week overtime law, California wage deductions or California mileage expense reimbursement? Itâs important to know your rights and to know what some of the most common California employment violations are. If you find you have been a victim, itâs equally important to know what to do next, who to turn to, and how to resolve your problem quickly and efficiently.Alternative work week overtime law is a common area that employers have a hard time keeping up on. The basic definition of an âalternative workweek schedule” means âany regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.â Itâs important to note that alternative work week overtime law requires that two thirds of the employees affected by the alternative work week vote for the alternative schedule before it goes into affect. Equally important is the fact that even though the employees might be working 10 hour days without daily overtime they are still eligible for daily overtime if they surpass 12 hours in a day or 40 hours in a week. Lastly, alternative work week overtime law still requires a half hour meal break within every 5 hour period worked.California wage deductions are pretty cut and dry; with a few exceptions, an employer cannot deduct anything from the employeeâs paycheck without his or her consent. The most commonly authorized California wage deductions are for 401K plans, pensions or medical/dental insurance. However, ID badges, uniforms and physical exams do not fall under California wage deductions. If an employer requires the employee to have and or use any item to perform or keep their job, with few exceptions, the employer must provide, or in other words pay for these items, either at the time the cost is incurred or by form of reimbursement. At no time can the employer deduct these costs from the employeeâs paycheck. Another common misconception regarding California wage deductions is that an employer can deduct your pay for breakage, cash shortage, equipment loss or other simple acts of negligence. This is not in compliance with California wage deductionsâ guidelines and regulations.California mileage expense reimbursement is another common area of concern that many employees are having with their employers. California mileage expense reimbursement is directly related to the mileage driven during your work day and often excludes your commute to and from work. Interestingly enough, the IRS rate of reimbursement is 58.5 cents per mile, and is often used as a guide. However, if an employee seeks assistance from the California Labor Board the mileage rate will be determined by an administrative judge. This process may or may not be in the employeeâs favor. Fortunately, this decision can be appealed. But oftentimes employees will instead seek the help of a California labor attorney to help recover a California mileage expense reimbursement rate they feel is fair. Itâs important to note that California mileage expense reimbursement is not the only type of reimbursement an employee is eligible to receive. If you work at home you could be eligible for reimbursements for your internet access, office supplies or phone lines. If you are required to use a cell phone or purchase specific tools needed to perform your job duties, often times, these too can be considered a reimbursable expense. If you have been a victim of unlawful practices regarding alternative work week overtime law, California mileage expense reimbursement or California wage deductions you may want to contact a California labor attorney. The worst thing you can do is nothing; this will only encourage an unlawful employerâs bad behavior. You do have the option of trying to resolve these issues directly with your employer or with the California Labor Board. The problem with trying to solve these issues on your own, aside from being on your own to handle the matter, is that you run the risk of your employerâs reprisal. Keep in mind that with the California Labor Board as your avenue of recourse, once a decision has been made your options are limited. Additionally, the California Labor Board will generally only pursue the past three years related to your claim. A California labor attorney would attempt to pursue the past four years, thus increasing the amount of your potential claim. Contacting an experienced California labor attorney for a review of your potential claim is certainly prudent as you review all your options.
