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Posted by on Nov 22, 2016 in Personal Injury | 0 comments

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Protecting the Employment Rights of Individuals 40 Years Old or Older

Posted by on Oct 3, 2016 in Labor Laws | 0 comments

The Age Discrimination in Employment Act (ADEA), which was signed into law in 1967, prohibits any discriminatory acts against anyone based on his/her age. Specifically, the Act forbids discrimination against persons 40 years old or older in all employment-related matters including hiring, promotion, retention of employment, job assignment, compensation and benefits, training, and layoff. This protection provided by ADEA is intended for both job applicants and employees, while those covered by the Act includes state, local governments, labor organizations, employment agencies and all private companies with 20 or more employees; the Act also provides protection to U.S. citizens hired by or working for a U.S. employer overseas, but only if no laws in such country will be violated by the Act).

Other than the prohibition of discriminatory acts based on age, ADEA also prohibits any form of retaliatory act directed an employee who: complains about age discrimination practices in his/her workplace; files a complaint to the U.S. Equal Employment Opportunity Commission (EEOC) about a violation of any of the stipulations of ADEA or of other anti-discrimination laws; or, participates or testifies in an investigation or lawsuit proceeding regarding employment discrimination.

ADEA also prohibits:

The inclusion of age specification, age limit or age preference in job advertisements and notices, unless age is a bona fide occupational qualification in the job (an actor supposed to play the role of a young adult in a film, is one example);

Inquiring, during job interviews, about an applicant’s age except in jobs, like an airline pilot or bus driver which requires a mandatory retirement age;

Making offensive remarks about a person’s age, which may be construed as harassment (except when such remarks are made as offhand comments or simple ways of teasing and not as forms of insult to the person concerned); and,

Denying older employees of the work benefits that they are legally entitled to. However, due to the fact that the cost of certain benefits will cost higher when provided to older employees, the law, therefore allows employers, in limited circumstances, to reduce benefits based on age, so long as the cost of the reduced benefits to older workers and the cost of the benefits provided to younger workers are the same.

The website of the Leichter Law Firm clearly shows how age discrimination leads to less favorable treatment of certain individuals; a form of treatment that may even result to that individual’s demotion or firing. Other than his/her supervisor, a person may be discriminated (due to his/her age) by a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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The History of the EB-5 Visa Program

Posted by on May 19, 2016 in Visas | 0 comments

The EB-5 visa makes relocating to the United States, whether individually or with the family, easier and quicker. With the help and advice of a Russian EB5 visa lawyer, you can have access to a better and faster option to working and eventually living in the United States. Also known as the Immigrant Investor Program, the EB-5 has undergone a lot of changes since it was established in 1990. Created by the Immigration Act of 1990, the program restructured the US immigration system and included changes to non-immigrant visa categories, deportation rules, and increased legal immigration limits.

The EB-5 Since The 1990s

The Immigration Act of 1990 set in motion a program that would allow foreign investors to obtain permanent residency in the United States. Section 121(b)5 of the Act makes 10,000 Green Cards of permanent residency available throughout the country every year for qualified immigrant investors. The Act sets the minimum investment amount to $500,000 for investments made in rural and high unemployment areas.

However, due to the discovery of lax regulation enforcement and fraud in the investments, the Administative Appeals Office or AAO issued changes in the requirements in 1998. The agency added a nerw stipulation requiring proof that the investments came from lawful sources and that the investor is personally involved with the project. The AAO attempts to ensure that the regulations set forth by the EB-5 will be uniformly applied to all new applications. The revisions are still in effect on current applications.

With the new ruling, the AAO implemented important determinations on program requirements, which includes the type of commercial entity that can take EB-5 investment, the qualification for legal funding source, and the administation of investment.

EB-5 In The 2000s

The enactment of the Basic Pilot Program Extension and Expansion Act of 2003 was instrumental in revitalizing the EB-5 program. Under this Act, the Government Accounting Office (GAO) was authorized to conduct a comprehensive investigation of the EB-5 program. It was then revealed that only a fraction of the 10,000 visas alloted to the program were actually being granted every year. As a result, more reforms to the program was implemented.

One of the reforms was the establishment of the Investor and Regional Center Unit (IRCU) in 2005. This specialty unit was given given oversight duties to the EB-5 program, which includes case auditing, form design, regulation development, and policy creation. As a result, there was better coordination and increased reliability in the EB-5 program.

Reforms

In 2009, the USCIS issued policy guidelines for the EB-5 program. USCIS centralized the processing at the California Service Center (CSC). Previously, prcoessing was done in California and Texas. Although not yet permanent, the EB-5 has been continuously re-authorized. President Barrack Obama granted extension to the EB-5 Immigrant Investor Pilot Program in 2009 until September 2012. Then Obama further extended the program until 2015.

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Cephalohematoma: What Causes it and How to Deal with it

Posted by on Dec 8, 2015 in Birth Injury | 0 comments

Cephalohematoma is a minor birth injury that occurs when blood pools just beneath the skin of the baby’s head. According to studies, cephalohematoma affects 1-2% of live births, making it one of the most common forms of minor birth injury across the country. Although cephalohematoma goes away with proper supervision, some cases of cephalohematoma can be so severe that it might put the baby’s life at great risk.

There are many possible causes of cephalohematoma. According to the website of the Law Offices of Ronald J. Resmini, LTD., some cases of cephalohematoma have been associated with wrong use of forceps and other instruments during assisted delivery. Forceful instrumentation may cause the blood to pool on top of the baby’s head, causing cephalohematoma. Unfortunately, poor instrumentation during assisted labor is most likely committed by untrained medical staff or reckless health professional.

Apart from forceful instrumentation, a mother’s risk of having a baby with cephalohematoma is higher for first-time pregnancies. Prolonged labor may also result in this condition. Lastly, the risk of cephalohematoma increases if the mother’s pelvic area is smaller than the baby’s head.

Once your baby is born with cephalohematoma, your doctor would do the necessary steps to assess the condition for possible treatments or medications. In most cases, however, cephalohematoma heals on its own within a period of three months.

Most likely, your doctor will also advise you to monitor your baby for any signs of diseases. For instance, babies with cephalohematoma are at higher risk of liver disorders due to increased level of bilirubin – an enzyme that breaks down old red blood cells that have pooled underneath the skin of the baby’s head. So it is important to watch out for symptoms of liver diseases, such as jaundice, to prevent further complications. In extreme cases, doctors may recommend blood transfusion, especially when symptoms of anemia are persistent and if too much blood has pooled on the baby’s head.

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Drunk Driving: One of the Leading Causes of Car Accidents in America

Posted by on Aug 25, 2015 in Car Accidents | 0 comments

While data shows a significant decline in incidents over the last recent years, car accidents remain a prevailing problem all over America. The fact that driving involves some risks to one’s health and safety cannot be ignored. Given certain factors, a minor incident can easily turn into a car accident that entails several devastating consequences. The website www.pohlberkattorneys.com emphasizes this point by noting that car accidents remain to be among the most common reasons behind injuries and deaths reported annually across the nation.

According to the National Highway Traffic Safety or NHTSA, one of the leading causes of such dangerous incidents is the prevalence of alcohol-impaired driving. Alcoholic drinks can significantly affect an individual in many ways, compromising his or her ability to operate a vehicle safely. Based on the data gathered by the NHTSA, drunk driving has led to over 10,000 fatalities for the year 2012 alone. These tragedies are a direct result of the myriad of ways that alcohol impedes one’s driving.

Data from Centers for Disease Control and Prevention makes this assertion clear, by breaking down the numbers regarding how different levels of blood alcohol concentration or BAC affect a person’s ability to drive. At 0.02 percent or about 2 alcoholic drinks, a driver can expect a decline on his or her visual functions, as well as the ability to perform two tasks at the same time. At 0.05 percent or roughly around 3 drinks, the effects of alcohol worsen, reducing a driver’s coordination and response to emergency situations.

It’s important to point out that these noted effects of alcohol are observed from individuals with BAC levels that are still below the legal limit. For private individuals, the legal BAC limit is at 0.08 percent. With that much alcohol in one’s system, a driver will experience loss of coordination, short-term memory, speech control, as well as impaired perception and reduced ability to process information.

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