Archive for the 'Legal Tips' Category

Abercrombie & Fitch Face Criticism for Discriminating Ad Campaign

Thursday, March 4th, 2010


A leading retail brand, Abercrombie & Fitch is facing intense criticism from many, including the North East Labour MSP for an ad campaign that sparked a lot of controversies. The contentious advertisement posters stated that the company was looking for ‘cool’ and ‘good looking’ people to be brand ambassadors.

This campaign was considered to be discriminating against the general public. To worsen the situation, unconfirmed reports also came in that company recruiters also walked out on the streets and offered employment to people based on their appearances.

It was only a year ago that the company paid compensation to the tune of £9,000 to Riam Dean. She was a 22 year old employee with a prosthetic arm and she claimed that she had been harassed at work for this reason. The tribunal which heard the case, stated that this was unfair discrimination and unlawful harassment. The wrongful dismissal earned a fine for the company.

A leading law employment specialist, Nia Cooper stated that a number of retailers have undertaken a complete modification of their employment policies so that they are in line with latest anti discrimination laws. If Abercrombie & Fitch had modified their ad campaign and changed a few words they could averted the controversies. For instance, the word ‘cool’ could have been modified to ‘friendly’. Also, adding a line stating that applicants from all backgrounds were welcome would have helped allay any suspicion of discriminatory practices.

A spokesperson from Abercrombie & Fitch made a statement to the press stating that the company does not advocate discrimination or harassment in any form. He further stated that the company welcomes employees from all walks of life and all cultures. The campaign was directed towards recruiting people with a sense of style to be brand ambassadors.

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Ferris Law Firm, Home Inspection Software, Maryland Home Inspections

Wednesday, February 24th, 2010

We provides services to individuals and businesses from our offices in Waxahachie, Texas, Ferris Law Firm The Hale Law Firm work with and represent clients throughout Ellis and Dallas County, including but not limited to: Waxahachie, Red Oak, Midlothian, Ovilla, Ferris, Glenn Heights, DeSoto, Ennis, Cedar Hill, Lancaster, Duncanville, Grand Prairie, Dallas, Mansfield.
Home inspection software IQ6000 developed with much extreme frustration as I was using other home inspection software utilities and with over 25 years of experience performing home inspections, drawing from my experience, IQ6000 was created. IQ6000 was produced to be exceedingly easy to put to use immediately. You should be able to understand it after viewing one hour of instructional videos, and be able to put it to use right away. If for some reason you have problems or questions, just e-mail me and we will walk you through the Home Inspection Software. You can modify the options, output report to PDF, burn to CD, e-mail, or print. You can establish databases of inspection reports, realtors, and attorneys. To back it up, simply click and drag. It’s compatible with both the Mac and the PC, and the best part of it all, the program has no up front charge. We have no starting fees, no fees to upgrade, you simply pay for each report, with a variety of bulk purchase choices, as well as we have monthly subscription options as an option. Home inspection software IQ6000 is the best home inspection software to choose for the smart home inspector.
Maryland Home inspections have most likely been around most likely as long as houses have been. People would often ask someone they were familiar wtih, such as a parent, builder, or sometimes even a friend, to determine the condition of the property tehy were hoping to sell, or planning to buy.

Most of the times, that judgement was based on a quick run through, with little understanding of what needed to be evaluated, or someone who was not versed or knowledgeable in the building trades. These times were a long time ago, when buildings were simpler, and the techniques used to construct them were much simpler, and evaluations rendered were predictably simple.
Those days have long past. Times have changed, and as a result, so have the requirements of home inspections. FUndamentally, the main purpose of a property inspection is to identify of any issues in the condition of the property, integral or influencing peripheral parts or systems of the property. We also hold it to be true to include in our reports the points of a home which are good. We know that an educated consumer is more likely to make a good decision. The customer would be misguided if we were to only focus on the problems and concerns we found with the property. Reporting on both the bad as well as the good things about the home is paramount in the decision making process.

Maryland Home Inspectors, Converged Voice Solutions, Hale Law Firm

Friday, January 22nd, 2010

Maryland home inspectors have probably been around most likely as long as houses have been. People would often ask someone they were familiar wtih, such as a friend, parent,.or sometimes a builder, to pass judgment on the property they were selling or planning to buy.

Too often, that judgement was based on a quick run through, with little or no understanding of what was important, and quite often someone not familiar at all with the building trades. These were simpler times, using simple construction techniques for the most part, and as was the case, it was much easier to perform an assessment.
That was then and this is now. Times have changed, and as a result, so have the requirements of home inspections. Fundamentally, the main focus of a home inspection is to bring to light issues of any major deficiencies in the condition of the property, integral or influencing peripheral parts or systems of the property. We also believe it is equally important to present in our reports the parts of the home which are good. We know that an educated customer is more likely to make a wise decision. The customer would be misguided if we were to only focus on the problems and concerns we found with the property. Including in our report both the good and the bad is of utmost importance in the final decision making process.
Converged voice solutions are offered by Mavenir Systems. Mavenir offers services where mobile operators can now present enhanced voice service for both enterprise customers as well as consumers and provide additional services as a value added service to currently existing mobility offerings to enrich the user experience. Existing users get the freedom to take advantage of communications over many various devices and access domains whenever they want. Mobile VoIP provides the ability for operators to provide MSC based voice services on new devices as well as to offer differentiated services. IMS Centralized Services allows operators to connect and deliver the services to a broad spectrum of devices some of which include UMA, 3G, 2G and FEMTO cells. Femto Services Gateway facilitates operators to deal with traffic between the core network and Femto cells, while simultaneously offering unique value-added services in the rresidential or enterprise markets.
The Hale Law Firm serves a wide spectrum of businesses and individuals from our home offices in Waxahachie, Texas, Mansfield Law Firm The Hale Law Firm represent clients throughout Ellis and Dallas County, including: Red Oak, Waxahachie, Midlothian, Ovilla, Ennis, Ferris, DeSoto, Glenn Heights, Cedar Hill, Lancaster, Duncanville, Grand Prairie, Dallas, Mansfield.

Government Makes Health of NHS Staff Top Priority

Monday, December 7th, 2009

The Government has initiated measures to show its commitment to improving the health and well-being of NHS staff members. An independent report compiling recommendations for improvements in this regard has been fully accepted by relevant authorities.

Health Secretary Andy Burnham has announced that the independent study has been reviewed and the suggestions will soon be put into action to improve work conditions of NHS staff. The recommendations are contained in a report compiled under the leadership of Dr Steve Boorman and commissioned by the Department of Health. These recommendations when implemented are expected to generate 3.4 million working days, translating into savings of £555 million a year.

The report contains a total of 20 suggestions made by Dr Boorman. These include the necessity for a prevention-oriented and proactive health system to be put in place in the NHS for all staff members. It requires that at every NHS centre, the senior management cadre must be held accountable for the health of subordinates and junior employees on the rolls. This must become a parameter for assessment during the NHS performance appraisal each year.

The report recommends that musculoskeletal problems, which are the most common health-related problems faced by employees across the UK, must be dealt with at the onset. Measure must be implemented to help employees overcome such problems. For those who have been forced to take an extended leave owing to such issues, return to work must be facilitated and made easy.

The Health Secretary has reiterated that the well-being of NHS workers who are in turn the caretakers of health for millions across the country is of paramount importance. Implementation of these measures will show that the Government acknowledges and appreciates the immense contribution that the NHS makes to the country. Burnham has expressed hope that some significant changes and improvements will be effected by the recommendations.

Burnham added that the NHS would soon be seen as a benchmark for other organisations to follow in terms of employee health norms. The savings that will accrue out of such good health practices will be reinvested by the NHS to bring forth new and better programmes for improving health care effectively and reducing the burden of health-related expenditure on taxpayers. A sum of £6.5m has been earmarked for these new recommendations by the Department of Health.

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ACCESSIBILITY REQUIREMENTS FOR FAIR HOUSING

Sunday, November 29th, 2009

ACCESSIBILITY REQUIREMENTS FOR FAIR HOUSING
By Neda Dabestani-Ryba
Prudential Carruthers REALTORS

Policy
Federal Fair Housing accessibility requirements for new multifamily buildings should be written in building code language certified as Fair Housing compliant by the Department of Housing and Urban Development (HUD). HUD should be vigilant in compliance education and assistance as is NAHB. Use of Fair Housing Initiatives Program funding for enforcement actions should be curtailed. Any enforcement actions should be reasonable and reflect the lack of clear guidance available for complying with the Act.
Background
The Fair Housing Amendments Act of 1988 requires new multifamily buildings constructed for first occupancy after March 13, 1991 and consisting of four or more units to be accessible to disabled persons. HUD issued accessibility guidelines on March 6, 1991 and a supplementary design manual in August 1996 to provide guidance on complying with the law. But HUD’s guidelines were poorly promulgated and not written in building code language, making it impractical for builders and local officials to define compliance, which has led to conflicting interpretations and inadvertent failures to meet certain requirements.
In response, building code language was cooperatively developed by NAHB, HUD, the International Code Council, and disability advocates and completed in May 2000. HUD has certified that the building code language satisfies the accessibility requirements of the Fair Housing Act and NAHB is promoting state and local adoption of the compliant code language. Federal promulgation of the requirements must still be intensified, however, if compliance is to be improved.
Addressing noncompliance of existing covered buildings (constructed for occupancy after March 13, 1991) remains contentious. Federally funded private advocacy groups and state and local housing agencies, HUD, and the Department of Justice are all actively involved in current enforcement actions and will continue to be. These actions are often threatening, based on questionably broad interpretations of federal requirements, fail to reflect the lack of compliance assistance at the time of construction, and divert resources that could otherwise be applied to more proactive solutions.
Solutions
Urge HUD to maintain compliance education as a priority and to actively participate in the building code amendment process to help ensure building code requirements are compliant with Fair Housing accessibility requirements. Further, urge HUD’s timely review of compliant building codes and approval of them as a safe harbor for compliance with Fair Housing accessibility requirements and to develop a more reasonable approach to addressing non-compliance.
Continue to support and actively participate in ongoing education and training efforts to inform builders about accessibility requirements under the Fair Housing Act.
Maintain NAHB’s Fair Housing Accessibility Education Accord with HUD as a demonstration of NAHB’s commitment to improving compliance through education and continue participation in HUD funded compliance initiatives.
Support the nationwide adoption of model accessibility building codes endorsed by HUD as providing a safe harbor for complying with the accessibility requirements of the Fair Housing Act.
Work with other interested groups, including building product manufacturers, disability advocates, real estate, and multifamily design and construction groups to promote education, outreach, and compliance with the accessibility requirements of the Fair Housing Act.
Urge HUD to prohibit the use of Fair Housing Initiatives Program funding for litigation.
Work with the Department of Justice to develop clear criteria for enforcing the accessibility requirements of the Fair Housing Act.
Support legislative or regulatory changes that would limit liability for industry members who were involved in the design and construction of non-compliant buildings due to a lack of clear guidance, and who made a good faith effort to meet the requirements of the law.

About the Author

Neda Dabestani-Ryba is a licensed Realtor in Maryland. She is a member of the President’s Circle of Top Real Estate Professionals. She can be reached at (800) 536-3806 or visit her website for more information: http://neda.dabestani.pcragent.com/
Prudential Carruthers REALTORS is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.

Hospital’s Laxity Endangers Patients and Employees, HSE Issues Warning

Friday, October 30th, 2009

HSE recently conducted an investigation into the level of legionella bacteria in the water of the Liverpool Heart and Chest Hospital NHS Trust after two patients died due to legionnaires’ disease in 2007. The investigation found that the water was highly contaminated with the bacteria. It was also discovered that the hospital had not conducted any tests to check the purity of water, even though in May 2002, one of its wings had been found to have high levels of legionella bacteria.

However, HSE was not able to decide whether the deaths of the two patients were caused due to the existence of bacteria in the hospital water system, or the deceased patients had contracted the virus somewhere else.

However, considering the dangerous level of bacteria in its water, the NHS Trust was ordered to pay a fine of 35,000 pounds by Liverpool Magistrates Court after it accepted liability for its failure to fulfil its obligations under Sections 2(1) and 3(1) of the Health and Safety at Work Act, 1974. The Trust was also asked to pay costs of 12,862 pounds. HSE is very unhappy with the present state of the hospital. It criticised the senior officials of the NHS Trust and the hospital for failing to ensure the health of the staff and the patients.

HSE Inspector Kevin Jones said it is surprising that the hospital did not care about the health and safety of its employees and patients and failed to conduct regular tests to check the impurity in water. He added that it is very important that the NHS Trust takes the issue seriously and undertakes frequent water checks to figure out the bacteria levels and prevent any diseases or deaths in the hospital.

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What Authorities Want to Provide for Offshore Companies

Thursday, October 8th, 2009

Taxation Benefits – The offshore jurisdiction should be taxation exempt in that offshore gained revenue is not taxed by the country where the Offshore Companies organization is residing. Different states including Panama satisfies this requirement. Panama likewise has no capital gains tax for you stock market investors and there is no heritage or probate tax. Panama meets this requirement.


Weather Considerations – Some of these offshore administrations are settled on islands and are exposed to electricity outages from hurricanes. Also one must watch out for risk from volcanoes, tsunamis and earthquakes. Just what you don’t want is a power outage from a typhoon preventing you from taking your finances out when you need it. The reason the Panama Canal was developed where it is, is because there is no risk from typhoons, tsunamis, volcanoes and temblors. Again, Panama meets this prerequisite.


Groundwork – one should look at the power sources, phone organization and internet when appraising an offshore administration. You don’t wish to have to hold back days or weeks to be able to use your online banking or to be able to talk to your bank on the telephone. Panama was essentially constructed by the Americans who just departed from it in 2000. It has American style phones, electricity, roads, etc. The cell phones and internet in Panama are as good as Canada or USA. Panama satisfies the requirement again.


EU Affiliations – Panama has no associations that could erode privacy, once again passing the test. No coverage of revenue for EU occupants or collection of withholding taxes. Tax identity numbers from your home country are not needed to secure a Panama bank account, own a company, purchase real estate, etc. Panama once more meets the test.

This Is a Great Way to Receive Tax Lien Data

Monday, September 7th, 2009

Given the economical position of today, throughout the state there are over 5,000 federal tax liens charged by the IRS each calendar week that are over $10,000. A national tax lien list may be acquired from visiting your local court house or from a tax lien list agent that piles up the info nationwide. The latter selection would be used if you need to receive a tax lien list that reports umpteen counties or states. It is just not executable for one person to compose a tax lien list from all the county records offices every day. That is why tax lien list brokers do this work for you and sell the tax lien database they amass to generate tax lien leads for tax resolution agents. tax lien list brokers will allow you to filter by state, lien type, lien amount, and that date the tax lien was filed. numerous times you are able to receive new leads in each day or each calendar week, depending on your needs. In addition to compiling the information a good tax lien list agent will NCOA the database to ensure accuracy of the mailing info. If you need to have the phone number of the person on the tax lien, it is viable to have the phone number appended to the list and scrubbed against the Do Not Call List. In any case, if you gather your tax lien list yourself or if you buy a tax lien list from a compiler both are perfect ways for tax resolution agents to reach people that currently have a federal tax lien charged against them.

Decrease in Injury Rates in Waste Industry Pleases the HSE

Monday, April 20th, 2009

Geoff Cox, Head for the Manufacturing Sector, HSE, has congratulated everyone associated with the waste industry for making it a much safer place to work. It seems that the analysis of the injury rates in the sector, which was published by the HSE in 2004 made everyone in the waste industry sit up and take notice of the growing problem of workplace accidents. Thanks to the combined efforts of the HSE and the WISH (Waste Industry Safety and Health) Forum, and corrective measures taken by the companies themselves, there has been a significant decrease of 15% in the industry injury rates since 2003-04.

The waste and recycling industry has experienced huge growth since 2003-04, and fortunately, the growth has been accompanied with declining injury rates. However, about 2207 cases of injury in every 100,000 employees were still reported in 2007-08. This figure is much higher then the overall across industries average of 518 injuries per 100,000 employees. The waste and recycling injury rate is also twice of that reported for the construction and manufacturing industries combined.

In the Bomel report, titled, ‘Update to mapping the health and safety standards in the UK waste industry,’ it has also been noticed that even though there has been a decrease in injury rates, the reasons for injuries remain the same. Most of the workplace related injuries happen due to tripping, sprains, and being struck by heavy objects. The employees delegated to carry out collection, organisation and disposal of waste suffer most of these injuries.

Mr. Cox feels that the HSE will be able to bring about a further decrease in injury rates in the next few years by carrying out periodic inspections at all the industry areas where there is a greater chance of occurrence of mishaps. He also promises to extend full support to WISH and urges everyone associated with the waste industry to extend their cooperation with the HSE and WISH to bring a further improvement in injury rates.

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Firms Fined After Concrete Death

Thursday, February 19th, 2009

The two firms, namely the UCS Civils of Market Rasen, Lincolnshire and Pochin Concrete Pumping, Middlewich in Cheshire have been ordered to pay heavy fines of a whooping £45,000 and £31,600 respectively, due to an accident, which has taken the life of a 41 year old mason, Michael Broughton.

The HSE has strongly asserted that the accident could have been avoided by a basic risk mitigation plan.

In the light of the fatal accident which has caused the prosecutions of the two firms, the Health and Safety Executive (HSE) has advocated the industries to plan out their tasks in a much more cautious manner.

The Chief Inspector of HSE, Mr. Rob Cooper has warned the firms to fully consider and mitigate all the possible risks as early as planning.

Way back towards the end of 2003, when the accident occurred, a hose pipe at the RedHouse Interchange in Doncaster started moving violently when the concrete pump was switched on, thus claiming the life of Broughton, and seriously injuring another one, who was flung high up into the air and flew some distance.

This could have been averted by employing extremely simple risk mitigation steps like, not allowing any person to stand near the rear end of the hose pipe, till all the cement has been pumped out.

The Construction Plant Hire Association (CPA) has since implemented a Code of Conduct comprising of safe and cautious use of such devices, and has urged all the contractors and machine operators to strongly adhere to these guidelines.

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