
Today the Cleveland Plain Dealer reports
that Governor Kasich and Diebold will announce that the State is giving
$55 million (what budget deficit?) in tax incentives to essentially
finance Diebold’s planned new $100 million world headquarters (the
company wants to build a corporate campus as opposed to their current
arrangement.)
Read the rest of the story here.
Sign your peaceful protest now
This unimaginable scandal must be opposed.
And it gets worse. The women studies department at Seattle University also encourages students to "get involved" with pro-abortion groups. Web links to the National Organization for Women, the Feminist Majority and Legal Momentum are featured on their web site.
Important note: You can effectively help me counter the culture of death at Seattle University by sending this urgent alert to your pro-life friends.
There's only so much I can do alone, so please spread the word by email, facebook, blogs and so forth.
Everyone – both young and old – can sign this protest.
Sign your peaceful protest now
Thank you so much for opposing the sin of abortion.
http://campaigns.americaneedsfatima.org/index.php?option=com_content&view=article&id=206
The contemporary American workplace is susceptible to numerous federal, state, and local laws and regulations that impose strict obligations on businesses (e.g., wage and hour legislation, nondiscrimination laws and regulations, etc.). Most companies, especially smaller corporations, don't know the scope of those obligations and, therefore, frequently (albeit inadvertently) violate legislation. These violations can cause costly lawsuits, in addition to civil and criminal penalties. In my experience as being a defense attorney in addition to being a plaintiff's lawyer, the commonest employment law mistakes done by companies are the next (in no particular order):
- Misclassifying staff members as independent contractors. Normally, only workers who operate their very own separate companies are "independent contractors." Few workers meet this test; actually, most personnel are considered "employees" for the law, which suggests these are eligible to the entire variety of workplace protections.
- Misclassifying non-exempt personnel as exempt. Generally, all workers are eligible to minimum wage and overtime pay, unless they're "exempt" under state and federal law. The exemption rules (e.g., for executive, administrative, and professional staff members) only apply in limited circumstances, however; therefore, many staff members that are claimed by businesses to become "exempt" actually have entitlement to minimum wage and/or overtime pay.
- Not complying with state wage payment legal guidelines. i.e. New York imposes several specific rules regarding how businesses be forced to pay their personnel. These rules include providing new staff members with written notice of these rate of pay and regular pay date; prohibiting deductions from wages unless to the employee's benefit and authorized in writing; requiring written contracts for commissioned salespersons; and providing terminated personnel with written notice of the last day's work, their last day's benefits, and their right to make an application for unemployment benefits.
- Not owning a laborer handbook. A personnel handbook is a tool for effective employer-employee relations. It notifies workers of the company's values, policies, and procedures; promotes compliance with labor and employment laws; so helps create an orderly, efficient, and transparent workplace.
- Not documenting employee job performance. A well-managed organization clearly communicates its employees' duties and responsibilities (e.g., through written position descriptions), trains and supervises staff members to be sure they are meeting these requirements, and offers regular, objective, consistent feedback (e.g., through written evaluations and, where necessary, disciplinary actions). A deficiency of accurate, complete, contemporaneous documentation can result in liability in the eventuality of a case by a worker.
- Not training supervisors regarding EEO law regulations. Federal, state, and local equal employment opportunity (EEO) law regulations prohibit businesses from taking adverse actions against personnel (e.g., demotion, termination) for reasons not linked to an employee's job performance, including those depending on an employee's race, color, sex, age, disability, religion, national origin, sexual orientation, and marital status ( to mention the most typical "protected characteristics"), along with retaliation for an employee's good faith complaints of discrimination. It is imperative that supervisors learn the way to manage personnel without violating (or appearing to violate) these laws.
- Not providing reasonable accommodations for disabled employees. Most EEO laws and regulations prohibit businesses from taking adverse actions against workers according to certain protected characteristics, but disability discrimination legal guidelines also impose an affirmative obligation on businesses to "reasonably accommodate" disabled staff members in order to make them perform the main functions of these jobs. Such accommodations can include restructuring job duties, modifying work schedules, or providing assistive devices. Businesses have to supply a disabled employee with needed accommodations unless this would cause an "undue hardship" for the corporation (e.g., very costly, too disruptive).
- Not obtaining releases from terminated workers. When terminating a worker, businesses need to get a release that waives the employee's potential legal claims against the corporation. The easiest way to get a release is in exchange for an offer of severance (where appropriate). Generally speaking, businesses are not essential to pay for severance to staff members (unless necessary for an employment contract or even a collective bargaining agreement). If they opt to do this (e.g., in association with layoffs), they must require employees to sign a release in return for the payment.
- Not protecting confidential company information. Every organization is dependent upon certain vital, often confidential, details about its organization operations, including trade secrets, marketing and advertising practices, and customer and client lists. Access to this information ought to be limited by personnel with a "need to know" and may be protected by appropriate non-disclosure, non-compete, and/or non-solicitation agreements (depending on the nature of the information and also the employee's position).
- Not consulting an experienced employment law attorney. Perhaps the one most critical point to take away from this discussion is the fact that businesses should consult a certified employment lawyer to ensure they are in compliance with all the increasingly numerous and complex laws that carpet work just like a minefield. Large companies will often have attorneys and recruiting professionals working to help them in this field. Small- and medium-size organizations often usually do not. Their biggest mistake is attempting to navigate this minefield independently.
So you? Precisely what are your top mistakes made in employment law?
CINCINNATI – Today Gov. John R. Kasich announced that Harvey Reed will serve as director of the Department of Youth Services (DYS), the juvenile corrections system for the state of Ohio.
Kasich made his announcement at the Hamilton County Juvenile Court Detention Center where Reed has served as superintendent for eight years. Under his leadership, the detention center has reduced its operational costs while preserving the safety and security of staff and residents. Reed has over 32 years of experience working in Ohio’s juvenile corrections system including his service as a detention center youth leader, a probation officer, and the assistant director and director in the Work Detail Community Service Program.
In 2002, Reed was recognized for his outstanding service through the employee of the year award from Hamilton County Commissioners. In his spare time, he continues his service by volunteering for youth sports and the Young Scholars Leadership Program at Sycamore High School in Cincinnati.
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COLUMBUS – Today Gov. John R. Kasich announced appointments to the Ohio Tax Credit Authority, the Development Financing Advisory Council and the Edison State Community College Board of Trustees. All appointments are effective immediately.
Development Financing Advisory Council
Mike Jacoby of Zanesville (Muskingum Co.) will serve as a member of the Development Financing Advisory Council for a term beginning February 25, 2011 and ending December 31, 2011.
Edison State Community College Board of Trustees
Thomas P. Milligan of Sidney (Shelby Co.) will serve as a member of the Edison State Community College Board of Trustees for a term beginning February 25, 2011 and ending January 17, 2017.
Tax Credit Authority
Rodney A. Crider of Wooster (Wayne Co.) will serve as a member of the Tax Credit Authority for a term beginning February 25, 2011 and ending January 12, 2015.
Emmett M. Kelly of Upper Arlington (Franklin Co.) will serve as a member of the Tax Credit Authority for a term beginning February 25, 2011 and ending January 12, 2015.
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COLUMBUS, Ohio – At a Statehouse press conference today, Secretary of State Jon Husted outlined his priorities for improving the overall administration of Ohio elections. With the 2012 Presidential Election on the horizon, Husted will work closely with legislative leaders and the Governor to see these changes passed into law and implemented as soon as possible.
"The 2012 Presidential Election will have a tremendous impact on our state and nation. My goal is to ensure that the focus is on candidates, not on the process for electing them," Secretary Husted said. "For the vast majority of Ohioans, our elections system works very well, but there are changes we can make to improve overall access and accuracy and thereby, build more confidence in the results."
On-line Voter
Registration and Change of Address
Secretary Husted is calling for on-line voter registration and for giving
registered voters the opportunity to change their address electronically. This
convenience to voters would also assist boards of elections and potentially
reduce errors by cutting back on data entry. To protect against fraudulent
registrations, the on-line system would require a valid Ohio driver's license
or state identification card to participate. Husted noted that according to an
informal survey of the 88 county boards of elections, nearly half of voters
were required to cast provisional ballots in the last general election because
they moved or changed their name and did not notify their board of elections
prior to Election Day. This on-line system would make it easier for Ohioans to
keep their information up-to-date so they can vote a regular ballot on Election
Day.
Improving Casting and
Counting of Provisional Ballots
Provisional ballots are required under federal law and are an important
safeguard for verifying the validity of ballots cast. Provisional ballots
commonly are given to those who have not updated their voting information,
failed to provide identification at the polls or to those who may have already
voted absentee or in another precinct. It is important to note that in the 2010
election, of the 105,000 provisional ballots cast, 90 percent were counted.
Nearly half of the remaining 10 percent were not counted because these
individuals were not eligible Ohio voters – just what the system is designed to
catch. It's the remaining small but important five percent that have caused
confusion and controversy. While recognizing that there will always be a need
for provisional ballots and that in high-turnout elections, the provisional
ballot count will inevitably increase, Secretary Husted is proposing changes
for now and in the future to reduce errors on the front-end and help ensure
more valid provisional ballots are counted.
Ohio law provides that ballots cast in the wrong precinct are not eligible to be counted. Husted wants to deploy new technology that could help get voters to the correct precinct. In addition to making it easier for voters to keep their information up-to-date through on-line registration, Secretary Husted also wants the authority to certify electronic poll books, technology which would allow poll workers access to county-wide voter information rather than relying up on the printed, precinct-based paper poll books and maps. This additional information would assist them in helping voters on Election Day, including directing them to the correct precinct and ensuring they use the appropriate ballot style.
On the counting front, Secretary Husted would require absentee voters and those voting provisionally to provide all nine digits of their Social Security numbers rather than the last four under existing law (or an Ohio drivers' license or state identification number). The complete number provides boards of elections a much better chance of verifying the validity of the ballot.
More Accurate
Statewide Voter Database
Secretary Husted is also looking for authority to enhance and develop a more
centralized Statewide Voter Database to easily cross check voter information
files against the Bureau of Motor Vehicles, the Ohio Department of Health,
Social Security death files, Ohio Department of Job & Family Services and
the Ohio Department of Rehabilitation & Corrections. This enhanced
infrastructure would also allow Secretary Husted to pursue agreements for data
sharing with other states to better track voters who move from one state to the
other, preserving the one person - one vote principle. A number of other states
are already sharing data as a way to better ensure the integrity of their voter
rolls. Secretary Husted would like Ohio to be part of that effort.
Uniform Statewide Early
Voting Standards
No-fault absentee voting by mail and in-person (early voting) has made it
easier than ever for Ohioans to exercise their right to vote; however,
different counties have different standards and varying resources for
administering early voting. Secretary Husted is proposing statewide standards
to govern this process.
Husted's proposal would set the window for absentee voting at 21 days by mail and 16 days in-person prior to Election Day. All boards of elections would be required to be open for a few hours on the two Saturdays within the in-person voting period and to be closed on Sundays. In order to give boards of elections time to update their poll books and voter rolls prior to Election Day, all in-person absentee voting would end the Friday before the election. Because the deadline for voter registration would remain at 30 days before the election, these new timeframes for absentee voting would effectively eliminate the so-called "golden week," an unintended consequence of Ohio law, where voters have been able to register and vote on the same day, bypassing important safeguards in the system. Husted's proposal would not change the voting period for military voters, which is, and would remain 45 days. Additionally, county boards of elections would no longer be able to solicit absentee ballot participation by mailing applications to all voters and from paying the return postage on applications or voted ballots.
"A well-run system of elections requires the right balance between voter access and accuracy, and I believe the changes I am proposing will go a long way to help achieve that balance," Secretary Husted said. "However, no law change can ever replace the most important factor in making elections run smoothly -- the responsibility of the voters to do their part."
This includes: 1) Registering to vote 30 days prior to the election and keeping their information current; 2) Knowing their polling place and correct precinct, and 3) Remembering to bring identification with them to the polls."
Secretary Husted will work with legislators in coming weeks to draft his proposals into bill form for consideration by the full General Assembly.
Click here to read the Ready 2012 Fact Sheet (PDF)