Monthly Archieves: Dezember 2022


Zero Hours Contract Rights Uk

In 2015, the Campbell Live TV show revealed that major companies like Burger King and McDonald`s, KFC, Starbucks, Pizza Hut, Carl`s Jr. (all under Restaurant Brands), Sky City and Hoyts all use zero-hour contracts to cut costs. [42] [best source needed] On April 9, Restaurant Brands agreed to abolish zero-hour contracts. [43] The employer must allow the person to work elsewhere in order to earn income if the person does not provide sufficient hours himself. Organizations considering using zero-hour contracts should think carefully about the business reasons for doing so, including whether there are other types of flexible work or employment practices that would bring the same benefits. If you`re not sure, you can ask your employer how this will affect your contract. A zero-hour contract is suitable for companies that need a flexible supply of labor, as they can cope with changing demands or cannot predict the exact staff they will need at all times. A zero-hour contract is a random agreement between a company and an individual in which the person usually works for the company, but the company does not guarantee fixed hours or future work. Exclusivity clauses in zero-hour contracts have now been banned by the government under the Small Business, Business and Employment Act.

This means that you can`t use clauses that prevent a worker with a zero-hour contract from working for another company, or even try to avoid doing so by asking the employee to ask permission beforehand. An exclusivity clause can be ignored and is therefore unenforceable. Employers should plan ahead and let them know as soon as possible if they are offering work. Those working on a zero-hour contract may have family responsibilities or have studies and may need to plan for childcare or exams. Employers should be transparent about how they offer work, for example, is there a rotation plan? Zero-hour contracts should not be used if there is a better alternative, such as: zero-hour contracts provide basic social security benefits; When hiring for a zero-hour contract, the position must be clearly advertised as such, and the person must be aware that working hours are not guaranteed and that work may be stopped if demand decreases. It`s important to know what kind of contract you have, because when your contract ends, your employer will have to pay you: Pravin Jeyaraj is the communications manager of Zero Hours Justice, a campaign that advocates for fair treatment of zero-hour workers in the UK. He said: “What we`ve seen and what government data shows is that many people with zero-hour contracts work regular or predictable hours over a long period of time. But if work suddenly dries up, they don`t have the same security and labor rights as people on permanent contracts. Work stops immediately and they are not paid, even if they have worked the same shift several times. Discover more traditional employment contracts in our factsheet on employment contracts.

If you work in the gig economy – i.e. you are an independent contractor doing work for a company – if you are technically self-employed, then you are not entitled to vacation or sick pay. With the rise of the gig economy (a way of working where freelancers fill short-term contracts) and the increased demand for flexible work, zero-hour contracts have become much more common over the past decade*. Last year, almost a million people in the UK had zero-hour contracts, according to the ONS. There is a common misconception that people who work under a zero-hour contract have no legal rights. This is not true: zero hours does not mean zero obligations for the employer. If your employment status is that of an employee, even if you work under a zero-hour contract, you are still entitled to: Research and recommendations to improve practices when using zero-hour contracts All zero-hour contract workers should receive a written copy of their terms and conditions. (Blue-collar and white-collar workers are entitled to this right from day one, April 6, 2020).

Employers should also stipulate, in contracts for atypical employees, the notification required by organisations or individuals when they are unable to meet their contractual obligations. If your employment has been continuous and uninterrupted, you build more rights for workers. For example, employers should ensure that all non-standard workers, including zero-hour contract workers, are offered wages and terms and conditions of employment comparable to those of other workers. If you have a zero-hour contract or are considering taking one, you may not be sure of your rights or fear being abused. We consulted with the experts to answer some frequently asked questions. A person benefits from the labour rights associated with their employment status, and people with a zero-hour contract have the employment status of “worker” or “worker”. While the term “zero-hour contract” is mainly used in the UK, casual and part-time workers are employed under similar conditions in many countries. The UK Government`s 2004 and 2011 UK Labour Relations Survey shows that the proportion of workplaces employing employees on zero-hour contracts increased from 4% in 2004 to 8% in 2011. The survey found that larger companies are more likely to use zero-hour contracts. 23% of workplaces with 100 or more employees used zero-hour contracts in 2011, compared with 11% of workplaces with 50 to 99 employees and 6% of workplaces with fewer than 50 employees. [18] When a new business is created, it may need to build a customer base to do the work, so it must first hire employees on zero-hour contracts in addition to all permanent employees to cope with fluctuating and unpredictable demands.

Proportional means “proportional”, i.e. If a full-time worker works 40 hours per week and has 30 days of paid annual leave, a part-time worker who works 20 hours per week is entitled to 15 days of paid annual leave. All workers are entitled to at least 5.6 weeks of paid annual leave (including public holidays) and, if you are a zero-hour worker, you are entitled to a pro-rata equivalent based on the days or hours you work. In the UK, zero-hour contracts are controversial. British business leaders have backed them, saying they offer a flexible labour market. [28] They may be suitable for some individuals, such as retirees and students, who want occasional income and are able to be completely flexible about their time of work. [29] It has been reported that 60% of people on zero-hour contracts are satisfied with the hours worked. [30] Labour groups and others have raised concerns about the possibility of exploitation and management`s use of such contracts as a tool to reward or reprimand workers for any reasonable or trivial reason. They also raise concerns about how workers can adequately enforce their labour rights or maintain decent labour relations. [31] To learn more about your workers` rights when working on a zero-hour contract, visit the ACAS website. To be eligible for statutory sickness benefit (SSP), all employees must have a contract, have performed work under their contract, have been ill for more than four consecutive days (even if they did not work on those days), earn an average of £120 per week and give proper notice as determined by the employer. Zero-hour contracts should be a temporary or supportive measure and should not be used as a basis for the main functions of a business or when a person regularly works for an extended period of time.

Employers must clearly indicate to which category of zero-hour workers they belong and take into account the rights and conditions to which they are entitled. Employers should consider whether zero-hour working is appropriate for their business and whether there are other ways to offer flexibility to the organization, such as using annual working hours or other flexible work options. Zero-hour work is suitable for situations where the workload is irregular, where there is no constant need for staff, or where staffing needs are determined by external factors beyond the employer`s control. Zero-hour contracts are rarely suitable for managing the core business, but can be used for unexpected or irregular events such as employee bereavement leave, to provide adequate customer service during peak demand, or in preparation for the opening of a new store. Many companies offer a regular service or product and have a largely predictable schedule or production, so permanent or fixed hourly contracts may be more appropriate. During annual leave, you will be paid based on your average salary for the last 52 weeks. This average only includes the weeks you were paid for, so if you haven`t worked for two weeks, it won`t lower your average. Some zero-hour workers have other sources of income and enjoy the benefits of casual work, such as: the ability to refuse a shift for any reason or being able to work for another company at the same time. Since the term “zero-hour contract” has no specific meaning in the law, organizations should ensure that their zero-hour contracts specify the employment status, rights and obligations of their zero-hour employees.

The proven “Hollywood model” is spreading to other industries. While zero-hour contracts are particularly common in fast food and retail, other industries where workflow is unpredictable, such as the creative industries (advertising, public relations, film, and design), have long employed freelance talent through project contracts to deal with the ups and downs and specific skill requirements of individual projects. Think of a Hollywood movie.


Yellow Legal Pad Translate

However, you cannot currently translate more than 999 characters at a time. This pack of nine blocks of 100 sheets is equivalent to 18 regular blocks of 50 sheets. Your text has been partially translated. You can translate a maximum of 999 characters at a time. Log in or register for free on PROMT. Translate one and more! About the EMRAW White Jr. Perforated Edge Legal Rule Universal 50-sheet letter keyboard – 50 ct. 5 inches x 8 inches (pack of 6). Introducing our latest EMRAW White Jr. Perforated Edge Legal Ruled Universal 50 sheet, perfect for taking notes at school, at home or in the office. The paper with the red border ruler is perforated for easy removal. Stable back. Legal Pad notebooks offer the ultimate value in reliable everyday documents for home or office.

Smooth, perforated sheets are easy to detach for a tidy and organized notebook. The classic format, long favored by lawyers and professionals, allows quick access to notes and lists. This smaller, portable size is great for quick notes and meetings. The excellent quality Freeleaf paper is perforated for easy removal. Well designed: This yellow notepad is designed to fit in your backpack, briefcase or purse. Also, lined pages keep your handwriting tidy. It`s great for business and personal notes and more. This is a 50-sheet legal junior format writing block. Pack Details: Pack of 6 Canary Jr. Perforated Edge Legal Ruled writing block 5×8 inches with 50 sheets each.

Features: 50 sheets Perforated Edge Legal Rule Writing Block Legal Set – Junior Rigid Size Particleboard Back Micro Perforated Edges Color: Yellow Total Length: 5 inches Width: 8 inches Quantity: 6 Pack Use for: Homework Business Work Office Workbook School Class Writing Personal Notes This EMRAW Canary Jr. Perforated Edge Legal Ruled Universal 50 sheets of letter is best for writing at home, at school and in the office! Search the online dictionary for translations of words and phrases and listen to how words are pronounced by native speakers. PROMT dictionaries for English, German, French, Russian, Spanish, Italian and Portuguese contain millions of words and phrases, as well as contemporary colloquial vocabulary monitored and updated by our linguists. To calculate the total number of stars and the percentage distribution per star, we do not use a simple average. Instead, our system takes into account things like updating a review and whether the reviewer purchased the item on Amazon. It also analyzed reviews to check for reliability. Install language packs for offline translation on mobile devices and download PROMT AGENT, a plugin for contextual translations in any Windows application, with a PREMIUM subscription. Look for examples of words and phrases in different contexts. We`ve collected millions of translation examples in different languages to help you learn languages and do your homework. Customer reviews, including star ratings of products, help customers learn more about the product and decide if it`s right for them. PROMT.

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Wv Division of Highways Legal Division

The words and terms “Commission”, “Highway Commission” or “State Highway Commission”, when used in this chapter, refer to the West Virginia Commissioner of Highways established by Section One, Section Two-A of this Chapter. Whenever reference is made to the “Commission,” “Highway Commission,” or “State Highway Commission,” the prescribed authority or duty applies to the West Virginia Highway Commissioner, unless the context clearly requires otherwise. (1) The administration of the courtesy patrol program shall be transferred to the Department of Highways, and the expenses incurred by the Department to fund the courtesy patrol program to assist motorists on state highways shall be made in accordance with the grant from the State Highways Fund legislature or any other provision of the Act; And the legislature notes that a courtesy patrol program that assists motorists on state highways is one of the most beneficial public safety services for state residents who use public roads, and serves as a sign of the state`s hospitality and goodwill for tourists visiting the state. For this reason, the 1. July 2015: (2) The administration of the Special Revenue Account of the Consolidated Revenue Fund, known as the Courtesy Patrol Fund, will be transferred to the Department of Highways, provided that all remaining balances in the Courtesy Patrol Fund at the end of fiscal year 2015 are transferred and paid into the Tourism Promotion Fund. After June 30, 2015, expenses from the Courtesy Patrol Fund will be used solely to fund the courtesy patrol program that assists motorists on state highways. Amounts accumulated in the Courtesy Patrol Fund that, from time to time, exceed the funds necessary for the purposes specified in this subdivision may be transferred to other accounts or funds and reallocated to other purposes by the legislator. Funds deposited in the Fund may come from the following sources: “Political Subdivision” means and includes any county, city, city or other similar governmental unit of the State. “vehicle” means and includes any mechanical device for the transport, removal or transport in any other way of persons or goods on public roads, whether operated by wheels, wheels or otherwise, except those driven or towed by human beings or used exclusively on rails. The legislator notes that there are public roads that cross the surface of this country, above and through streams, rivers and waterways on this land and above the surface of this land in the form of highways in the sky, commonly referred to as airways. The legislature declares that each of these types of public roads is essential to the development of this state, and that the health and safety of every citizen of this state is affected daily by the availability of each of these three types of public roads, and that it is in the best interest of the people of this state that each of them be recognized and included in the importance of public roads. The legislature further recognizes that airports are an important and integral part of the public roads that exist above the surface of that State and that airports are necessary to reach those highways, and that, therefore, airports, including runways, taxiways, parking ramps, access roads and air traffic control facilities at airports, are declared by this part of the public road system of that State. “Local authorities” means representatives of the political subdivisions of the State duly elected or appointed to implement the laws and regulations of the State.

The terms “road”, “highway” or “highway” include, but are not limited to, the right of way, the platform and all culverts, locks, drains, ditches, waterways, embankments, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of tourist traffic, the dispatch of goods and communication between individuals and communities; and such public highway or road means any road to which the public has access and the use of which is not denied to him, or any road or road leading from another public highway on the land of another person and established by law. It is conclusively presumed that a road has been constructed if it has been used by the public for a period of ten years or more and public funds or labour have been spent on it, whether or not its transportation, assignment or use for public use has been recorded. In the absence of any other markings or entrances, the centre of the road travelled shall be considered the centre of the road and the right-of-way shall be designated from there equidistant from each side, but a road may be constructed on any part of the right-of-way indicated if deemed appropriate. All funds remaining in the Fund at the end of one financial year remain in the Fund and are available for expenditure in the following financial year.


Workplace Affairs Legal

Therefore, it is important to be informed of the risks of a liaison in the workplace. With a workplace romance, especially a relationship involving a supervisor and subordinate, there is some risk that an employee will claim that a relationship was involuntary. To mitigate this risk, some employers require employees to disclose any workplace romance and enter into a consensual relationship agreement, commonly referred to as a “love contract.” A romantic contract is a written confirmation signed by the two employees involved in a relationship, confirming the voluntary and reciprocal nature of the relationship. Typically, a love contract states that both employees have received, read, and understood the company`s anti-harassment policy and that the relationship does not violate the policy. Love contracts can be perceived negatively by employees, so it is advisable to carefully weigh their pros and cons. While it is difficult to take a position on this issue, it is important to remember that workplace liaison can have serious consequences for everyone involved. This can be disruptive and lead to decreased productivity as well as tension and conflict between employees. If you are considering or being affected by a workplace affair, it is important to understand the consequences and seek help if necessary. Romances between colleagues, and especially extramarital affairs, tend to raise eyebrows.

So how should a manager or HR manager handle this? Open an investigation as soon as the relationship is flagged as a problem. If you don`t, other employees may feel that the company doesn`t take inappropriate behavior seriously. You might also think that you care more about your company`s reputation than possible wrongdoing. Keep in mind that it can be difficult to enforce a comprehensive “no relationships” policy, so be tactful and professional, according to SHRM. If the relationship presents a conflict of interest, could compromise the company`s reputation, or affect employee morale or productivity at work, the longer you wait, the more damage the situation will cause. Talk to the people involved and make sure everyone is on the same page. Be sure to speak professionally with the company`s goals. Whether two people involved in a work romance are married or not, it has an obvious impact on their work environment. Not only can this hurt morale, but it can also reduce productivity in the workplace, especially if public expressions of affection or flirting make other employees uncomfortable.

Other adverse situations include a supervisor`s favoritism towards a subordinate because they are together or romance leads to a bad breakup where employees feel they have to take sides. Worst-case scenarios are when office affairs lead to allegations of sexual harassment because the relationship ends or one party feels upset. No employer or small business wants a romance at work to escalate into a claim. While there is no law prohibiting discrimination on the basis of marital status for most small businesses, rejection of an extramarital affair in the workplace can expose a small business to discrimination complaints. For example, if a small business owner treats two single employees who are in a relationship differently than two married employees who are having an affair, they could face a claim based on discrimination based on marital status. Such questions “often cause turbulence and can disrupt the workplace for years,” said Chris W. McCarty, labor attorney at Lewis, Thomason, King, Krieg & Waldrop in Knoxville, Tennessee. Apparently, workplace romances fell on Valentine`s Day, according to a survey by CareerBuilder. Nearly 25% of those who reported a workplace romance said they were related to a married colleague. If you work close to others, chemistry will take place. But do small businesses and employers treat romance between married workers differently than work romance between two singles? Does creating a policy hurt or help a small business? And finally: is marital status a protected class under the EEOC? Do you think a blanket ban on office business would be the best solution? Well, you have that right.

According to the HRA 1998, your employees have a right to privacy. And even if you ban relationships in your workplace, you have no way stopping two employees from starting a romance without your knowledge. Romances in the workplace are inevitable. According to a recent survey by the Society for Human Resource Management, one in three American adults is or has been in a romance at work. Given this reality, coupled with the #MeToo movement and the resulting renewed focus on preventing sexual harassment in the workplace, it is important to have a basic understanding of the key practical and legal issues related to labour relations. Here are answers to five frequently asked questions. Nearly a quarter of workers who reported workplace romance said their affair involved someone married at the time, according to the results of a CareerBuilder survey. Gossip. Treachery. Low morale.

Respect for leaders is declining. What workplace event could cause all these things? An extramarital affair. While some workplace romances end in marriage and a “happy life,” others have devastating consequences for the people involved and the company. This is especially true if one of the parties is married or if the relationship is an inappropriate superior-subordinate relationship with unbalanced power. If you`ve received reports of an office affair or notice signs of workplace problems, look at the big picture and consider the impact on the company`s morale and reputation. “Employers simply cannot prohibit the reality of romance in the workplace,” said Johnny Taylor, President and CEO of SHRM. Instead, they should reflect on their culture and ensure that their approach is timely, realistic and balanced to protect employees while giving them the freedom to romanize responsibly. Robert Duston provided a list of do`s and don`ts from his experiences with labour relations and investigations. In any professional environment, it is important to maintain a certain level of professionalism and respect for your employees. However, sometimes personal relationships can develop in the workplace. While these relationships can be positive, they can also lead to problems if not managed properly.

According to Carlin, the bottom line is that the workplace isn`t the place to have a romantic relationship that you need to keep secret. This will lead to difficulties for you and your business – everyone thinks their situation will be different, but this is never the case. Harassment often occurs through digital communication and in the workplace, often via an employer`s phone, computer or network.


Wood Bats Legal in Little League

It took years for amateur baseball organizations to regulate metal bats. Now that you`ve read the Little League baseball bat rules, it`s time to get out and play! Come to your local MonkeySports supermarket for expert baseball tips and a personal overview of our racquet selection, or you can always buy baseball bats on our website! NOTE: Approved tee ball rackets can also be used for minor Coach Pitch/Machine Pitch divisions only with the use of approved tee balls. Racquets are a device used to play baseball. The sport began with the use of rackets made from a single piece of wood. That remains for Major League Baseball and its minor leagues. It must not be more than 36 inches long and not more than 25/8 inches in diameter, and if it is made of wood, not less than fifteen sixteenths (15/16) inches in diameter (7/8 inches for bats less than 30 inches) on its smallest part. Wooden bats with tape or a sleeve must not exceed eighteen (18) inches from the small end. The racquet should not weigh more than three ounces less than the length of the racquet (for example, a 33-inch racquet cannot weigh less than 30 ounces). All clubs that are not made of a single piece of wood must meet the BBCOR (Batted Ball Coefficient of Restitution) performance standard, and these clubs must be screen-printed or another durable certification mark. The certification mark must be rectangular, at least half an inch on each side and on the barrel of the racquet in any contrasting color. Aluminum/alloy bats and composite bats must be marked as aluminum/alloy or composite.

This marking must be screen-printed or another durable certification mark, at least half an inch on each side and on the barrel of the racquet in any contrasting color. The turning point began with the 1998 College Baseball World Series championship won by the University of Southern California over Arizona State~ with a football score of 21-14! College baseball was heavily influenced by these powerful metal bats at the time, and many concerns arose. In principle, metal beaters can be improved by the materials used. The USABat standard offers our young baseball players the benefits of using antler-free bats, which have a better weight balance, are easier for young players to handle, and more durable, while providing the answer to many who believe the game should be played with wooden bats. The new USABat standard is only a performance standard. As of January 1, 2018, Little League Baseball® meets the new USABat standard. No racquet previously approved for use in Little League games (junior and lower baseball) may be used in any Little League game or practice or other Little League features, events or activities. As of January 1, 2018, USABat standard racquets must be used in the Major League Baseball division of Little League and below. USABat or BBCOR standard bats must be used in intermediate (50/70) baseball divisions and junior league baseball divisions. In the senior league baseball division, all racquets must meet the BBC standard. For more information about the USABat standard and a complete list of bats allowed by the USABat standard, see

To see bats that have been decertified for use by USA Baseball, visit Wooden beaters are less strong than metal bats. This is the simple reason why you don`t see wooden bats used where metal bats are allowed. NOTE 5: An illegal bat must be removed. Any modified racquet is removed from the game. NOTE 1: One-piece solid wood gun rackets do not require an American baseball logo. All Tee Ball bats must bear the USA Baseball seal as well as the following text, ONLY FOR USE WITH TEA BALLS APPROVED to be legal for Little League. In addition, teaball rackets can only be 26 inches long and shorter.

NOTE 2: The use of pine harvesters or other similar adhesives is prohibited at all levels of Little League Baseball and Softball. The use of these substances leads to the fact that the bat is declared illegal and removed from the game. Yes. Little League International encourages leagues that use approved tee-ball bats at the coach`s field/machine field level to use only approved tee balls in these teaching departments to avoid confusion about what type of baseball to use at any given time. USABat is for Little League and other youth leagues and some travel tournaments. This means that the bat has been approved for use by USA Baseball, for use in Little League, PONY Baseball, Cal Ripken Baseball, Babe Ruth Baseball and other youth baseball organizations.


Wisconsin Law Review Forward

Wisconsin Law Review Forward recalls the motto of the state of Wisconsin, Forward, but is also a reference to the preface to the publisher`s term, which is usually a short article commenting on more important work. Many of our online articles are short responses to larger articles published in our print edition, and all are shorter books that comment on broader issues of jurisprudence. WLR Forward is an online publication uniquely designed to advance legal conversations by providing a forum for the rapid publication of current and current articles that would otherwise be delayed by our print production schedule. In this week`s episode of Forward, the Wisconsin Law Review welcomes a panel of jurists who have studied the legal implications of the COVID-19 pandemic. These topics include college sports, banking, and vaccinations. All panelists wrote articles published in the Wisconsin Law Review Forward. To read their articles, visit Subscribe to our podcast and follow us on Twitter @WisLRev for more updates. Forward host Trager Metge sits down with Bruce Ledewitz and Eric Segall, hosts of the Wisconsin Law Review symposium, to talk about the issues driving the symposium: the Supreme Court as an institution and how we treat it. Register for the symposium at Wisconsin Law Review Forward is an online publication designed to advance legal conversations by providing a forum for the rapid publication of timely and timely articles that would otherwise be delayed by our print production schedule.

Many of our online articles are short responses to larger articles published in our print edition, and all are shorter books that comment on broader issues of jurisprudence. In general, we require a period of seven (7) days to complete an expedited review, although we may take longer depending on the number of requests. As a first impression before federal appellate courts, a panel of three Seventh Circuit judges interpreted the Uniformed Service Employment and Re-Employment Act (“USERRA”) broadly as requiring private employers, in certain circumstances, to grant paid leave to workers absent from work due to military service. White argued that an employer`s failure to provide paid military leave while providing paid leave for other comparable leave impermissibly violates the USERRA`s equal treatment rule for reservists and National Guardsmen. The net effect of this participation is clear: military and employer must understand the reasoning of the seventh circle and its future implications for employment policy and practice. Much has been and must be written about the many roles the law has played in China`s economic development since 1978. Without minimizing the value of what has been written so far, this essay attempts to broaden the discussion by applying some ideas of the great nineteenth-century historian of American law and economic development, James Willard, to China`s recent history. The essay is accompanied by a brief introduction and his work on law and economic growth in the United States, and then explores how these ideas could be applied to support our understanding of what happened in China. With the new website comes the rebranding of the Wisconsin Law Review online supplement.

WLR Forward replaced WLR Online as Wisconsin`s leading online legal journal. All upcoming online articles will be published on Wisconsin Law Review Forward. This change to the online supplement does not affect print publications of the Wisconsin Law Review. Expedited applications for the Wisconsin Law Review are accepted exclusively by Scholastica. The Wisconsin Law Review accepts submissions by email with resume and cover letter attached to or through Scholastica`s online filing service. We are currently closed for submissions. We expect to reopen bids in April 2023. If you are the author of a Wisconsin Law Review article and would like to have the full text of your article removed from this repository, please contact the law library.

Nizan Geslevich Packin The COVID-19 economic crisis has brought to light something very broken in the US banking system: banks prioritize their own profits over the interests of those they serve and the interests of social justice. And they are allowed to do so because they have no fiduciary duty to their clients and are not welfare maximizers. Students and faculty at the University of Wisconsin School of Law founded the Wisconsin Law Review in 1920. In 1935, the students were appointed sole editors. Hundreds of copies of the Wisconsin Law Review are distributed to subscribers worldwide. Each issue usually contains two or three scholarly articles and two or three student articles dealing with current and relevant legal issues. The Wisconsin Law Review typically publishes one special issue per year. Wisconsin Law Review Forward accepts submissions through the Scholastica online submission service as well as our WLR Forward submission form. The Wisconsin Law Review is a student-run journal of legal analysis and commentary used by professors, judges, practitioners, and others researching contemporary legal issues.

The Wisconsin Law Review, published six times a year, includes articles on topics and students whose content covers local, state, national, and international issues.


Will Gun Laws Change in the Us

In 2019, there was no federal law banning semi-automatic assault weapons, .50-caliber military rifles, handguns or high-capacity magazines. Between 1994 and 2004, there was a federal ban on assault weapons and wide-body magazines, but Congress let those restrictions expire. In the days following the mass shooting in Las Vegas, some lawmakers expressed tentative support for a federal ban on so-called humpback batons, devices that allow semi-automatic weapons to fire at a rate close to that of automatic weapons. While neither Democrats nor Republicans believe the new gun law will do much to reduce gun violence, Democrats are much more optimistic about its impact (68% say they will do at least some to reduce gun violence, compared to 29% of Republicans). Nearly six in ten Republicans (59%) say the new law will do nothing at all to reduce gun violence, compared to only 17% of Democrats who say the same. New York lawmakers pass laws to strengthen state gun laws, including raising the minimum age to purchase a semi-automatic rifle In addition, juvenile and mental health registration practices vary from state to state and even county to county. In at least 15 states, juvenile records are automatically sealed or deleted in certain circumstances. Not all offenses committed by minors prohibit someone from buying a gun, because federal law leaves it up to the states to define what constitutes a conviction. Some do not characterize certain juvenile sentences as criminal convictions, even though the offence would be considered a crime if the person had been tried as an adult. With these rapid developments, gun rights groups need to keep their members informed of changes in state laws, said Scott Bach, president of the Association of New Jersey Rifle and Pistol Clubs. Shortly after the Supreme Court ruling, the gun rights group published a guide on its website detailing the state`s new gun laws and how to apply for a secret carrying permit in the Garden State. Bach said he wants to make sure the “good guys” remain law-abiding gun owners. The decreasing percentage of Americans say that if more people owned guns, there would be less crime.

Overall, the percentage of U.S. adults who say there would be less crime if more Americans owned guns has risen from 31 percent in 2021 to 24 percent today. In contrast, the percentage of Americans who say there will be more crime rose from 34 percent to 41 percent. The proportion that says there would be no difference remains unchanged at 34%. While most Americans support the new gun law, opinions are more divided on what it will do to reduce gun violence: only 7% of Americans say will do it a lot, 42% say will do it a little, and 36% say it will do nothing at all; 14% are not sure. A majority of 59 percent of Republicans say the bill will do nothing at all to reduce gun violence. By comparison, 57 percent of Democrats say the bill will do a little, and 11 percent say it will do a lot to reduce gun violence. Gun control was rarely a political issue in Norway — where gun laws are considered strict but ownership rates high — until right-wing extremist Anders Behring Breivik killed seventy-seven people in attacks in Oslo and an island summer camp in 2011. Although Norway ranks fourteenth in the world for gun ownership, according to the Small Arms Survey, it is at the bottom of the scale in firearm homicide rates. (The U.S.

rate is about thirty-one times higher.) Most Norwegian police officers, like the British, do not carry firearms. The new law will extend this prohibition to people convicted of domestic violence when their victim was a dating partner. The red flag laws approved by the federal measure are also known as Extreme Risk Protection Orders Acts. They allow courts to temporarily seize firearms from persons suspected of posing a danger to themselves or others. In contrast, only 14 percent of Republicans say there would be more crime if more Americans owned guns, while 45 percent say there would be fewer. While the percentage of Republicans who say more gun ownership would lead to more crime has barely changed in recent years, Republicans are now less likely to say more gun ownership would result in fewer crimes than in the past (45 percent say so today, up from 56 percent last year). At the same time, the U.S. Supreme Court struck down some gun laws.

In 2008, the court struck down a law in Washington, D.C., banning handguns. However, despite broad support for the new law, most Americans aren`t optimistic that it will do much to reduce gun violence in the country: 78 percent believe the new gun law will do some (42 percent) or nothing at all (36 percent) to reduce gun violence. Only 7% say the bill will go far, while 14% say they are not sure. President Joe Biden signed the first major gun safety bill in decades in June. The measure does not ban firearms, but it does include funding for safe schools and government crisis response programs. Many states, including California, Delaware, and New York, have also passed new laws to reduce gun violence, such as regulating ghost guns not found and strengthening background check systems.


Why Legal Size Paper

Nevertheless, in the world of paper, there seems to be an endless battle between the letter and the law. Here are some folders that can store legal-sized paper: Legal paper is preferred by lawyers and others wherever a contract would be written, as the length of the paper is more conducive to incorporating lengthy contract details. There is a common anecdote that comes up every time the following question is asked: Why do lawyers have to use legal paper? I checked Wikipedia, and the paper size article only lists formats, not why they are like that. The A series (A4, A3, etc.) makes a lot of sense, and the letter size (8.5 x 11) is similar to the A series format, which makes sense too. Legal just seems long and cumbersome. Why is it called paper in legal form? Because legal documents need the extra 3 inches to fit the extra language included in contracts and other legal documents. Legal paper has been called legal size paper for many decades because of its exclusive use in legal matters by lawyers. However, the interesting fact is that there is no specific rule that says that legal paper must be used in official documents. It is more a matter of practice than a requirement. Due to the expanded dimensions on paper in legal format, it can be difficult to find tools to store and organize. Folders and side protectors with 3 rings are usually sized to fit on standard letter size paper (8.5 x 11). Page protectors for legal paper aren`t common and you probably won`t find them at your local Walmart or Staples, but you can buy them online here: What is the difference between letter size (also called American letter size or standard size) and legal paper size? Here`s a little bonus: a simple cheat sheet to understand all the different types of paper.

So many questions come to mind that some comedians ask: “If 8.5 x 14 paper is considered a `legal` format, is everything else illegal?” Are we going to go to jail if we use illegal paper? Will the paper police pick us up and will we just be shredded? Many questions remain unanswered, lost in the history of papermaking, because even the committee did not give a specific justification for the sizes it assumed. Finally, it seems that paper sizes are set by the American National Standards Institute (ANSI). “ANSI also standardizes bank checks, power tools and many numbers in the aerospace, civil engineering and even apparel industries.” PDF files, PowerPoint presentations, and Microsoft Word documents are all sized to be easy to print. Just as some parts of the world refer to a photocopy like Xerox because of the popularity of the Xerox brand copier, this type of paper is often referred to as a “foolscap”, after a popular old paper brand that uses a “crazy cap” or wild hat as the watermark logo. As this unfolded, it seemed that the lawyers would simply cut the crazy cap in half and use the sheets for official documents. It`s a perfect size for bars to show cocktails in a larger font and more distance for its blurry eyes to read easily until late at night. The legal dimensions of the paper are A4 or 216x279mm. In the United States of America and Canada, the dimensions are the same, but the paper is called differently. The legal dimensions of paper in America are 216x356mm or 8.5 x 11 inches. These dimensions are called legal. The major European legal measures in America are called letter measures.

Simply put, legal-sized paper is only 3 inches longer than letter-size paper. Legal size paper measures 8.5 x 14 inches, while letter-size paper measures 8.5 x 11 inches. In addition, lawyers tend to prefer longer paper rather than taking long notes that would not normally fit on standard-sized paper. Some modern applications seem to have evolved for these older paper sizes, and legal-sized paper has benefited the hospitality industry, as restaurants buy a lot of this paper, as it is perfect for presenting their menus, and affordable enough to even replace it daily if the menu changes or needs to be optimized. As for “legal” paper that is 3 inches longer, here and there we have specifications of history that could be the answer to its origins in the history of papermaking. Then it turns out why for legal work we need a slightly longer paper than the most common paper, which is suitable for everything else. The short answer is tradition. There are endless files and documents printed or typed on paper. Legal size paper has been specially designed and used for court documents to reduce paper costs. In other words, if several A4 sizes of the paper have been used, a longer and thicker paper in the legal size reduces the number of paper used. This, in turn, significantly reduces the volume of paper and reduces the weight of the document.

The simplest way to explain the difference between legal paper and stationery is that legal paper measures 8 1/2 x 14 inches and stationery measures 8 1/2 x 11. Legal-size paper for a full range of paper types and media Quick navigation to product tables: Switch to legal-size laser/copy. Switch to legal-sized inkjet paper. Legal size documents (e.g. contracts, loan agreements, etc.) A general purpose document in legal format is also available for other applications in business or in the legal or accounting sector (or for any situation where more information at a glance per sheet is desired). View 24 lbs. Glossy white binding not coated in the product tables on this page. Graytex 24 lbs Bright White Bond is a smooth, high-brightness surface designed to reliably power today`s common business machines, compatible with inkjet/laser printers, copiers and fax machines.


Why Is Capital Gains Tax Bad

Capital gains tax effectively reduces the total return on investment. But there is a legitimate way for some investors to reduce or even eliminate their net capital gains taxes for the year. Capital gains are taxed on the basis of realization. This means that tax is only levied if an investor chooses to withdraw their investment from the market and realize the capital gain. One of the most important economic effects is the incentive this creates for capital owners to maintain their current investments even when more profitable and productive opportunities are available. Economists call this result the “lock-in” effect. Capital trapped in suboptimal investments and not reallocated to more profitable opportunities hampers economic performance. Peter Kugler and Carlos Lenz (2001). examined the experience of regional governments (“cantons”) in Switzerland that have abolished their capital gains taxes. The authors` statistical analysis showed that the abolition of capital gains tax has a positive and economically significant effect on real income in the long run in seven of the eight cantons examined.

Specifically, the increase in long-run real income ranged from 1.1% to 3.0%, meaning that the size of the economy was 1% to 3% larger due to the abolition of the capital gains tax. The ultimate solution is for Congress to eliminate the viability of these types of systems. You can do this by simply treating capital gains as ordinary income. The capital gains tax reduces the return that entrepreneurs and investors earn from the sale of a business. This reduces the reward for entrepreneurial risk-taking and reduces the number of entrepreneurs and investors who support them. The result is slower economic growth and job creation. In analyzing venture capital stock and capital gains tax rates from 1972 to 1994, Gompers and Lerner found that a one-percentage-point increase in the capital gains tax rate was associated with a 3.8% reduction in venture capital financing. First, let`s look at why the capital gains tax, and especially high capital gains taxes, is a bad idea. Let`s say you make $100,000 a year and you pay federal income tax.

They were taxed once. If you spend all your after-tax money on consumables – rent, food, entertainment, etc. – then that`s the end of the story. They were taxed once. I don`t know what sales taxes you pay because many items you buy are not taxed and sales tax rates in the U.S. are usually less than 10%. This tax imposes an additional 3.8% of the taxation of your capital income, including capital gains, if your adjusted adjusted gross income or your adjusted adjusted gross income (and not your taxable income) exceeds certain limits. Investment income can come from a variety of sources.

If you sell your stocks, bonds, houses or other real estate at a higher price than you paid, you must report the increase in the value of these assets as capital income on your tax return. The capital gain from the sale of your home can usually be transferred to the purchase of a new home with certain restrictions to protect the profit from tax. While many people are affected by capital gains taxation in all of these areas, economists and policymakers tend to focus on stocks and bonds because they impact the economy`s long-term growth prospects. Number three is the locking effect. People do not pay capital gains tax until they make a profit by selling an asset. The achievement requirement encourages people to hold assets when they might otherwise sell them, which can be bad for the economy and inefficient. Regular taxation of capital gains would exacerbate the problem. The price preference makes it better.

The capital gains tax makes capital investments more expensive and, as a result, fewer investments are made. Several studies have examined the relationship between the supply and cost of venture capital financing and capital gains taxation, finding theoretical and empirical evidence suggesting direct causality between a lower tax rate and an increased supply of venture capital. Kevin Milligan, Jack Mintz and Thomas Wilson (1999) attempted to estimate the sensitivity of investments to changes in users` cost of capital. and found that the 4.0-percentage-point reduction in capital gains taxes results in an increase in investment of 1.0% to 2.0%. Number two is inflation. When someone sells an asset that has appreciated over time, part of the profit comes from inflation. The preference for capital gains helps explain the unfairness of taxing this nominal gain in addition to actual gambling. It is gross justice, of course, but still justice. Capital losses can be deducted from capital gains to realize your taxable profits for the year. In most cases, the cost of major repairs and improvements to the home can be added to the cost, reducing the taxable capital gain. This might surprise you.

Capital gains are currently taxed at a lower rate than most other property income. Income tax is capped at 28%, is deferred until the asset is sold and is fully cancelled in the event of death or if the asset is donated to charity. On the other hand, taxes on interest and dividends can reach 39.6% and you cannot defer tax on interest or dividends indefinitely. In the years following the decline in capital gains tax rates, capital gains realizations increased, and in the years following the increase in capital gains tax rates, capital gains realizations declined. Here`s how Joseph J. Cordes, professor of economics at George Washington University and former associate director of tax analysis at the Congressional Budget Office, put it: Editors Robert Goulder and Joseph J. Thorndike debate the merits and necessity of the capital gains preference in five minutes. President Biden has proposed raising the top tax rate on long-term capital gains from 20% to 39.6%.


Why Are Overdraft Fees Legal

In 2010, the Federal Reserve said that in the event of default, a bank must reject transactions if an account does not have sufficient funds. However, customers can change the default status and opt for overdraft coverage if the bank offers the service. If a customer chooses to do so, their transactions will be approved, but the bank may charge a fee. Overdraft protection is a banking service that links a checking account to a line of credit, savings account or credit card to avoid overdrafts. If you choose an overdraft protection program, you authorize the bank to process a transaction with insufficient funds and transfer funds from the account linked to your checking account to pay for the transaction. The account would not become negative, so there would be no overdraft fees. But that doesn`t mean this scenario is free. While banks and credit unions have the right to charge overdraft fees, they can`t just charge the fee at will. In fact, there are a variety of ways banks charge overdraft fees and other bank fees that are illegal. If banks charge you illegal fees, you can deposit an overdraft fee to get compensation and hold them liable. Especially for people who live paycheck to paycheque, good faith efforts to manage their accounts and keep balances positive are often not enough. In some cases, in addition to an unmanageable financial burden, overdraft fees can throw people out of the banking system. Some people, frustrated by their bad banking experiences, close accounts on their own, abandoning banks and credit unions altogether.

The FDIC estimates that there are about 3.5 million households in the U.S. where people once had a bank account but no longer do so — and of those, 68 percent say they`re not interested in returning. For some, overdraft fees were clearly a motivator. In the words of one interviewee, “I`m tired of my cheques gone before I can spend them.” In turn, living without a checking or savings account can make everyday transactions riskier and more difficult. The bill prohibits overdraft fees if the overdraft is only due to a withholding amount that exceeds the actual dollar amount of the transaction. For others, an unpaid overdraft may cause a financial institution to close the customer`s account and report it to a specialized credit reporting agency (CRA) that conducts a bank account verification. A negative relationship with one of these account verification CRAs usually makes it more difficult to open an account with another bank in the future. Such is financial life. And overdraft fees are – at least now – a considerable fact of this life. Moebs Services, an economic research firm, found that banks, credit unions and fintechs charged $33.4 billion in overdraft fees in 2021. That`s a big part of the change, but it`s significantly less than what Americans paid in 2012: about $40 billion adjusted for inflation. And this downward trend is expected to continue as more financial institutions stop charging overdraft fees.

Overdraft fees occur when a person`s bank account is debited in an amount greater than the current balance. In this situation, the bank lets the payment through, approves the transaction, but charges an overdraft fee. Overdraft fees are typically $35, although some people have reported higher fees. Excessive and illegal overdraft fees are a problem for people in financial difficulty. Some places are considering making overdraft fees illegal, but until that happens, if you think you`ve been charged an illegal overdraft fee, contact an overdraft fee attorney to learn more about your collection options. One day, in the not too distant future, it is conceivable that the overdraft fee will end its nearly three-century run. Until then, if you are asked to pay for one, the remedy is often refreshingly simple: just ask if you can get a passport. If the customer service representative claims that they do not have the authority to waive the fee, ask them to speak to a manager or other decision-maker.

If you are calm, reasonable and persistent, there is a good chance that you will get a fee waiver. The Overdraft Protection Act of 2021 is a bill that makes it illegal for banks to be misleading or unfair about their overdraft coverage. Banks are required to provide information about overdraft fees, whether a transaction can be rejected if there are insufficient funds and whether a fee is charged for a rejected transaction. If overdraft amounts and overdraft fees are paid under the overdraft program, the Overdraft Protection Act 2021 would prohibit a bank from reporting to reporting offices negative information about consumer use of overdraft coverage. At present, the bill has not been passed in either the House of Representatives or the Senate. These practices include allegations of misrepresentation on customer account balances and reordering direct debits and credits from accounts to charge exorbitant or excessive overdraft fees. In 2013, the Consumer Financial Protection Bureau reported that 61% of a bank`s profits come from overdrafts and inadequate fund fees. That`s a remarkable gain on more than half of what a bank brings in; It is partly with this logic that investigations and prosecutions are underway for potentially illegal overdraft practices. An overdraft fee can become a surprise fee if the client does not reasonably expect their actions to result in overdraft fees.

For example, even if a person closely monitors their account balances and carefully manages their expenses to avoid overdraft fees, they can easily face penalties if financial institutions use incomprehensible or manipulative processes. If you don`t remember if you agreed to sign up for an overdraft protection program, contact your bank. They should be able to provide or provide you with documents proving that you have agreed to enroll in the program. If they can`t, it could be another indication that your bank is charging illegal overdraft fees. To learn more about your recovery options and/or take legal action, contact an overdraft lawyer. Any excessive demand does not result in an overdraft facility. Many banks won`t charge you any fees if your account is only short by about $5. And overdraft fees are only charged if the bank or credit union actually pays the fees that put you in the red. In some cases, multiple fees add up very quickly and also far exceed the amounts of the underlying transactions. One customer noted last September that he had to pay $400 in overdraft fees in just two months: if customers attempt a debit card or ATM transaction but don`t have enough money in their account, the bank can process or decline the overdraft transaction.

Overdraft laws help determine which of these two things happens and whether the bank can charge you a fee. Today`s Consumer Financial Protection Circular explains that if financial institutions charge surprise overdraft fees, sometimes as much as $36, they can break the law. The flyer provides some examples of potentially illegal surprise overdraft fees, including the imposition of penalties on purchases with a positive balance. This overdraft fee occurs when a bank indicates that a customer has sufficient funds to make a debit card purchase at the time of the transaction, but an overdraft fee is charged to the consumer afterwards. Often, the financial institution relies on complex administrative practices to justify the imposition of fees. For example, once the bank has authorized a debit card transaction if there is enough money in the account, it still charges a fee for that transaction later because of the intermediary transactions. A financial institution must provide certain other information about its overdraft protection program, including prompt notification of the overdraft status of the account. Here are a few examples of how many banks and credit unions charge inappropriate and illegal fees. In this case, we may file an overdraft fee or class action lawsuit to obtain compensation for you. Are overdraft fees illegal? It depends on the procedures and policies of the bank or credit union. The Overdraft Protection Act was created by the Federal Reserve in 2010.

It states that a bank or credit union must obtain a customer`s approval to use overdraft protection. If the customer does not opt for overdraft protection, banks and credit unions cannot charge them an overdraft fee. So, if a bank charges you an overdraft facility and you have never opted for overdraft protection, these overdraft fees are illegal. This only applies to transactions that are not pre-authorized, such as ATM withdrawals or debit card transactions. Banks may charge you overdrafts for pre-authorized fees, such as scheduled automatic payments, without obtaining your consent. Choose to decline all overdraft programs. This is the default setting when opening a bank account. With this option, debit card transactions are rejected by the merchant if the account does not have sufficient funds, and ATM withdrawals are rejected by the institution. There is no cost to such rejections. If a bank pays for these types of transactions and your account is overdrawn as a result, they won`t be able to charge you an overdraft fee.

The Overdraft Protection Act prevents banks from automatically enrolling their customers in overdraft insurance[0]Federal Reserve Board of Governors press release. The Federal Reserve announces final rules prohibiting institutions from charging fees for ATM overdrafts and one-time debit card transactions.

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