Time magazine recently named “The Silence Breakers” as its 2017 Person of the Year in recognition of the #MeToo movement and the people who have spoken out about sexual assault. Some of the Silence Breakers led to national storylines chronicling the downfall of powerful men who used their positions to commit sexual assaults and get away with it—until now. And some of the Silence Breakers simply tweeted or posted #metoo, often sharing for the first time, with that simple hashtag, a hint at what they’d suffered. From Hollywood to news organizations to elected politicians on both sides of the aisle, and now to the judiciary, the list of the accused keeps growing. The stories being reported and (mostly) believed are ones with significant corroboration. But many men will never be accused or held accountable. Because most sexual assaults occur without the corroboration many people require to move beyond their reaction of “Not him?!” when the perpetrator is … [Read more...] about The judiciary must deal with #MeToo—and with what I know
Exposed to lice how long until i know
On August 20, 2015, the U.S. Department of State (DOS) issued a cable regarding an update to the Foreign Affairs Manual (FAM) in connection with the recent release of the new Forms I-20 and DS-2019 for the Student and Exchange Visitor Program (SEVP).Form I-20, the Certificate of Eligibility for Nonimmigrant Student Status, is required for F-1 and M-1 visa holders to study in the United States. Designated School Officials (DSOs) provide foreign national students with the Form I-20 after their acceptance into an SEVP-certified school; the form is required for the student to be able to pay his or her I-901 Student and Exchange Visitor Information System (SEVIS) fee, to apply for the F or M nonimmigrant visa at the U.S. Embassy or Consulate abroad, to enter the United States as an F or M nonimmigrant, and more.The new Form I-20 released on June 26, 2015 has been modified primarily in the labeling of mandatory name fields and display, including making the visa class, SEVIS ID number, and … [Read more...] about Department of State Update to the FAM with New I-20 and DS-2019 Forms
On August 28, 2015, in the case of Rajpaul v. McDonalds Corp (A-4681-13T4), the Appellate Division reversed the Workers’ Compensation Judge’s order, which had dismissed Mr. Rajpaul’s claim for failure to file a workers’ compensation claim within the two year statute of limitations period. The facts of this case reveal that Mr. Rajpaul worked in maintenance for McDonalds Corporation from 1995 through 2005. Beginning in 1995, he began to experience pain in his shoulders, wrists and elbows. He was seen for shoulder pain at least four times over the years, and in 2001 he was diagnosed with bilateral bicipital tendonitis of the shoulders, which was resolved with treatment. During this time, he never filed a workers’ compensation claim for the tendonitis.Over the next four years Mr. Rajpaul continued to do his regular job for McDonalds. In June 2005, he returned to the doctor seeking treatment for pain in his left shoulder. In November 2005, Mr. Rajpaul left … [Read more...] about How Long Do I Have to File a Claim for a Work Related Injury?
Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool to build a “culture of compliance” among employers, as shown by a recent decision issued by an administrative law judge (ALJ) in the Office of the Chief Administrative Hearing Officer. This decision demonstrates the need to make I-9 compliance an important part of your normal business operations and to train employees to handle I-9 compliance duties properly. Best PracticeIt is often said that “the best defense is a good offense,” and here, a good offense is to make I-9 compliance an important part of the normal business operations. The I-9 function is a substantive task, not an administrative one. Employees must be properly trained before they are permitted to handle any I-9 compliance duties. The I-9 compliance program should focus … [Read more...] about High Fines Continue to Provide “Additional Motivation” for I-9 Compliance
We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group health plans. According to a recent HealthcareITnews article, vendors such as Advanced Plan for Health (APH) are using predictive modeling functionality to support population health management. The ability to better anticipate and manage plan costs while shaping plan design to meet the needs of plan participants likely will be very appealing to plan sponsors, but employers should think through implementation carefully.According to the article, these products (APH calls its product “Poindexter”) can make predictions about when certain health events are likely to occur (such as an ER visit), or forecast the nature of the services to be provided (such as the length of the participant’s hospital stay). We will leave to the data … [Read more...] about Data Analytics Enables Health Plans to Predict When Employees Need Health Services and For How Long
It’s a new year. How many years has it been since you started practicing law? How many years has it been since you were a “new lawyer”? Or are you one still?“One of the transactional attorneys I worked with at BigLaw told me that she only started to feel like she kind of, sort of, maybe started to feel like she understood what she was doing after six years practicing at BigLaw,” Altamonte Springs, Fla., lawyer Suzanne D. Meehle wrote recently at Solo Practice University. “My former business partner, on the other hand, felt that she learned pretty much everything she needed to know after a year working in the public defender’s office. Some feel like they know it all upon passing the bar exam. Still others feel like they are flying by the seat of their pants after 10 years. Your mileage may vary.”Image from Shutterstock.So this week, we’d like to ask you: How long was it until you stopped feeling like a ‘new’ lawyer? One … [Read more...] about How long was it until you stopped feeling like a ‘new’ lawyer?
The League of American Bicyclists has declared that this week is National Bike to Work Week—and Friday, May 17, is National Bike to Work Day.It’s feasible for some of us to bike to work, and for some of us, bicycling may even be the fastest way to get there. But most of us choose our mode of transportation based on what takes us the least amount of time. So this week, we’d like to ask you: Door to door, how long is your commute? Do you consider yourself to have a “good” commute that is not too long? If there is a faster way for you to get to work that you don’t utilize, why do you forgo it?Answer in the comments.Read the answers to last week’s question: How long does it take you to get down to work after you arrive at your office?Image from Shutterstock. Featured answer:Posted by Mav: “It takes me no more than 4 seconds (long enough to sit down) now that I work for the state. At the big firm, it took me half an hour because I’d … [Read more...] about How long is your work commute, door to door?
For Andrea, a past decision to ensure her future in law has left her in a stressed and distressful present. Concerned over how it might affect her job prospects, she would not allow use of her real name. And there is reason for concern: She’s been laid off twice since her 2009 law school graduation, including from a position where she earned $20 an hour at a small firm practicing as a licensed attorney. For the 29-year-old, who’s supported herself since college, the financial repercussions of law school may amount to the worst investment of her life, despite a degree from a second-tier school and a resumé that boasts a position on law review and coveted summer associate positions.“I deferred my loans because of economic hardship the first time,” says Andrea, who borrowed nearly $110,000 to finance her education. “After that,” she falters, “they might be in forbearance … accruing interest … I just don’t … [Read more...] about The Law School Bubble: How Long Will It Last if Law Grads Can’t Pay Bills?
This is 52nd article about interesting observations concerning the Department of Labor’s fiduciary rule and exemptions. These articles also cover the DOL’s FAQs interpreting the regulation and exemptions and related developments in the securities laws.The fiduciary regulation that dramatically expanded the definition of fiduciary investment advice went into effect on June 9. As a result, virtually all advisers to plans, participants and IRAs are now fiduciaries, or will be as soon as they make the next investment recommendation to one of those qualified accounts. At the same time—June 9, the “transition” transaction exemptions were effective.If viewed out of context, the fiduciary regulation, as currently written, will continue in effect for years to come. However, the transition exemptions will only apply until December 31, when the full exemptions will apply, with their many and demanding requirements. But, that’s out of context.When viewed in … [Read more...] about Interesting Angles on the DOL’s Fiduciary Rule #52: The Fiduciary Rule and Exemptions: How Long Will Our Transition Be?
On February 1, 2016, Lumber Liquidators, Inc. (“Lumber Liquidators”) was sentenced to pay over $13 million in criminal fines and penalties, and placed on a scrutinizing five-year term of probation for violating the Lacey Act. This crime arose from importing hardwood flooring from China made of illegally-sourced timber. This is the first felony conviction related to the import of illegal timber and the largest ever financial penalty for timber trafficking under the Lacey Act. This sentence clearly demonstrates the serious consequences of violating the Lacey Act, and provides a number of useful lessons for companies who are regulated generally, as well as those who import materials subject to the Act’s requirements. I. The Legal & Factual BackgroundBefore distilling the key lessons offered from this important environmental criminal prosecution, we first discuss the basic background of the Lacey Act, the plea agreement, and the … [Read more...] about Lessons from Lumber Liquidators’ Recent Lacey Act Criminal Sentence: Are You Exposed to Costly Environmental Compliance Risks?