Sunday, February 24, 2008

Drug Rehab Will Get Financial Boost Under New Canadian Drug Law

By Rod MacTaggart
Canada's plans to beef up its illicit drug enforcement laws with some "get tough" policies are the subject of heated debate in that country. After the new Conservative government's Health Minister Tony Clement said "the party's over" for illicit drug users, critics wasted no time attacking what they call a U.S.-style war on drugs, saying it has already proven a failure in stopping violent drug crime and drug addiction. On the plus side, however, the new laws will provide substantial additional funding for preventive education and drug rehab programs.

The $64-million annual anti-drug strategy will include stronger penalties for drug offenders (which includes illicit drug users), additional funding to crack down on drug smuggling at the borders, a campaign to warn young people not to use drugs, and increased financial support for drug rehab treatment facilities. The government's recent budget suggests the $64 million would be split 15% for prevention, 35% for law enforcement and 50% for drug rehab.

The prior Liberal government was on the verge of making possession of small amounts of marijuana a misdemeanor, but the new Conservative government scrapped that plan and has pursued a vigorous policy of arrests for possession of drugs. Since the Conservatives took power, the number of arrests for cannabis use has skyrocketed in several Canadian cities, in some cases by more than a third. The cities of Toronto, Ottawa, Halifax and Vancouver experienced 20 to 50 per cent increases in arrests for possession of cannabis in 2006, compared with the previous year. Other drug abuse statistics continued to rise in the country last year, and drug rehab admissions also were up.

Health Minister Clement said that suggesting to young people that it's okay to use illicit drugs is wrong, because drugs are unhealthy. "They create poor health outcomes. For too long, governments in Canada have been sending the wrong message about drug use. It's time to take a tougher approach to dealing with the problem."

While many critics approve of the new law's additional support for law enforcement to go after traffickers and organized crime and for additional drug rehab and other treatment services, they say that the $64 million is inadequate and is directed to the wrong priorities. Substance abuse is a medical problem, they said, not a moral one, and a medical approach based on recovery and drug rehab is the only correct solution for drug addicts, not expensive jail time.

An opposition-party Member of Parliament, who is also a doctor, said the government's plans are "a triumph of ideology over science. I can't understand why the Conservatives are embracing a war-on-drugs approach that has proven to fail. By all means, go after the pushers. By all means, absolutely go after the organized crime gangs that are the real parasites in this situation." But, he added, the country should see drug addiction as a medical problem, and adopt the successful drug rehab program models that have proven to work in other countries.


About the author:
Rod is a freelance writer that contributes articles on health.

info@drugrehabreferral.com

http://www.drugrehabreferral.com

Find a Successful Drug Rehab Program


Article Source: http://www.Free-Articles-Zone.com

Employment law – employee rights and protection issues

By Ane Tide
Employment law covers the rights and obligations arising within an employer-employee relationship. Known for its great complexity, the employment legislation, deals with issues such as discrimination, workplace safety or wrongful termination. Being able to rely on a legal professional when confronted with employment issues is very important. Makbool Javaid, head of the Employment Group at Simons Muirhead & Burton, is one of the leading experts in the field of employment legislation.

All employees and employers should maintain themselves well informed on various aspects of the employment law. If you’re an employee you should be well aware of your rights and obligations within the company you work for. These rights include the right to not be discriminated against, the right to a harassment-free workplace, the right to be paid at least minimum wage and overtime premiums, the right to a safe workplace, the right to privacy and so on. Whenever joining a company it’s highly important that you know what your rights are and make sure the employer respects them. Many legal actions arise because of the employees’ failure to keep themselves informed on their rights and duties. Makbool Javaid has been involved in several high profile cases based on the rights and obligations of the employees. At makbooljavaid.com you can find out more about Makbool Javaid, his legal career and the cases he’s been involved in.

Several federal regulations on employment relationships have traced the basic guidelines to all of the major employee protection and anti-discrimination issues. For instance, the Americans with Disabilities Act (ADA) is meant to protect the individuals with permanent or long term mental or physical impairment. The ADA clearly states that employers must provide reasonable accommodations for the disabled individuals. Furthermore, the ADA prohibits employers to take certain discriminatory actions such as adopting detrimentally different pay scales or promotion opportunities for protected groups or individuals.

Another very important federal regulation meant to prevent and protect against workplace discrimination is the Age Discrimination in Employment Act (ADEA). The purpose of this act is to protect employees from age discrimination in hiring, firing and promotion decisions. Regulations to protect employees who have ended their employment are also very rigorous. The Consolidated Omnibus Reconciliation Act (COBRA) prevents people in this category from losing coverage under a health plan. Protecting employees from gender discrimination is the main goal of the Equal Pay Act. This regulation states that male and female employees should be paid the same wage for performing the same job.

Employment law represents one of the most complex fields of the legal system. Many federal regulations have been adopted to protect both employees and employers from wrongful conduct. Because of the large number and complexity of employment laws, legal professionals have to be extremely well informed when dealing with employment issues. Makbool Javaid has had a great amount of experience in the field of employment law and continues to be a key figure in the legal scene.

About the author:
Knowing what your rights are in the workplace is essential to avoiding having legal problems. Makbool Javaid is a highly experienced employment law professional who has dealt with many high profile cases. Find out more about Makbool Javaid and his professional accomplishments by visiting our website.

Article Source: http://www.Free-Articles-Zone.com

Payroll West Virginia, Unique Aspects of West Virginia Payroll Law ...

By Charles Read
The West Virginia State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

State Tax Department
Capitol Complex, Bldg. 1, W417
Charleston, WV 25305
(304) 558-3333
(800) 982-8297 (in state)
www.state.wv.us/taxrev


West Virginia allows you to use the "WV/IT-104, West Virginia's Employee's Withholding Exemption Certificate" form to calculate state income tax withholding or federal form W4 if state and federal exemption are the same.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In West Virginia cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In West Virginia supplemental wages are taxed at:
Annual wages under $10,000 3.0%
$10,000-$25,000 4.0%
$25,000-$40,000 4.5%
$40,000-$60,000 6.0%
Over $60,000 6.5%


You may file your West Virginia State W-2s by magnetic media if you choose to.


The West Virginia State Unemployment Insurance Agency is:

Bureau of Employment Programs
112 California Ave.
Charleston, WV 23505-0112
(304) 558-2674
http://www.wvbep.org/bep/uc/


The State of West Virginia taxable wage base for unemployment purposes is wages up to $8000.00.


West Virginia has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in West Virginia for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The West Virginia State Agency charged with enforcing the state wage and hour laws is:

Division of Labor
Wage and Hour Section
Capitol Complex
Building 3, Rm. 319
Charleston, WV 25305
(304) 558-7890
http://www.labor.state.wv.us/

The minimum wage in West Virginia is $5.15 per hour.


The general provision in West Virginia concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40 hour week.


West Virginia State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
payroll address
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 14 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report in and $500 for conspiracy West Virginia.

The West Virginia new hire-reporting agency can be reached at 877-625-4669 or 304-346-9513 or on the web at www.wv-newhire.com/


West Virginia does not allow compulsory direct deposit.

West Virginia requires the following information on an employee's pay stub:

itemized deductions


West Virginia requires that employee be paid no less often than biweekly.


In West Virginia there are no statutory requirements concerning the lag time between when the services are performed and when the employee must be paid.

West Virginia payroll law requires that involuntarily terminated employees must be paid their final pay with in 3 working days; next regular payday if suspended due to labor dispute or temporarily laid off. Voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.


Deceased employee's wages of $800; $1,000 after 120 days after death must be paid to the surviving spouse, adult children, parents, siblings, or person paying funeral expenses (in that order).


Escheat laws in West Virginia require that unclaimed wages be paid over to the state after one year.

The employer is further required in West Virginia to keep a record of the wages abandoned and turned over to the state for a period of 10 years.


West Virginia payroll law mandates no more than 20% of minimum wage may be used as a tip credit.



In West Virginia the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes rest after five hours of work and other employees get 20 minutes for 6 hours.


West Virginia statute requires that wage and hour records be kept for a period of not less than two years. These records will normally consist of at least the information required under FLSA.

The West Virginia agency charged with enforcing Child Support Orders and laws is:

Bureau for Child Support Enforcement
Department of Health and Human Resources
Bldg. 6, Rm. 817
State Capitol Complex
Charleston, WV 25321
(304) 558-4665
www.wvdhhr.org/bcse

West Virginia has the following provisions for child support deductions:

When to start Withholding? 14 days after receipt of order.
When to send Payment? Payday.
When to send Termination Notice? "Promptly"
Maximum Administrative Fee? $1 per payment.
Withholding Limits? 40% of disposable earnings if supporting another spouse or child; 50% if not; amounts go to 45% and 55% if employee is 12 weeks in arrears.




Please note that this article is not updated for changes that can and will happen from time to time.




About the author:

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice.
Mr. Read is the author of “How to Start a New Business.”

To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.

For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.


Article Source: http://www.Free-Articles-Zone.com

Payroll South Dakota, Unique Aspects of South Dakota Payroll Law ...

By Charles Read
South Dakota has no State Income Tax. There for there is no State Agency to oversee withholding deposits and reports. There are no State W2's to file, no supplement wage withholding rates and no State W2's to file.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Nevada cafeteria plans are taxable for unemployment insurance purposes. 401(k) plan deferrals are taxable unemployment purposes.

South Dakota doesn't have income tax.


The South Dakota State Unemployment Insurance Agency is:

Department of Labor
Unemployment Insurance Division
Box 4730, 420 S. Roosevelt St.
Aberdeen, SD 57402-4730
(605) 626-2452
www.state.sd.us/dol/ui/ui-home.htm

The State of South Dakota taxable wage base for unemployment purposes is wages up to $7,000.00.


South Dakota has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in South Dakota for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The South Dakota State Agency charged with enforcing the state wage and hour laws is:

Department of Labor
Division of Labor and Management
700 Governors Dr.
Pierre, SD 57501-2291
(605) 773-3681
www.state.sd.us/dol/dol.htm

The minimum wage in South Dakota is $5.15 per hour.


There is also no general provision in South Dakota State Law covering paying overtime in a non-FLSA covered employer.

South Dakota State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a civil proceeding for a petty offense for a late report in South Dakota.

The South Dakota new hire-reporting agency can be reached at 888-827-6078 or on the web at http://www.state.sd.us/applications/LD01DOL/frameset.asp?navid=305&filtertype=1

South Dakota does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.


South Dakota has no State Wage and Hour Law provisions concerning pay stub information.

South Dakota requires that employee be paid no less often than monthly.


In South Dakota there are no statutory requirements concerning the lag time between when the services are performed and when the employee must be paid.

South Dakota payroll law requires that involuntarily terminated employees must be paid their final pay by next regular payday if all employer property is returned and that voluntarily terminated employees must be paid their final pay by the next regular payday if all employer property is returned.


There is no provision in South Dakota law concerning paying deceased employees.


Escheat laws in South Dakota require that unclaimed wages be paid over to the state after one year.


The employer is further required in South Dakota to keep a record of the wages abandoned and turned over to the state for a period of ten years.

South Dakota payroll law mandates no more than $3.02 may be used as a tip credit.


In the South Dakota payroll law there is no provision covering required rest or meal periods.


South Dakota statute requires that wage and hour records be kept for a reasonable period. These records will normally consist of at least the information required under FLSA.

The South Dakota agency charged with enforcing Child Support Orders and laws is:

Office of Child Support Enforcement
Department of Social Services
700 Governor's Dr.
Pierre, SD 57501-2291
(605) 773-3641
http://www.state.sd.us/social/DCS/index.htm

South Dakota has the following provisions for child support deductions:

When to start Withholding? Next payday after service.
When to send Payment? Within 7 days of Payday.
When to send Termination Notice? Within 5 days of termination.
Maximum Administrative Fee? no provision
Withholding Limits? 50% of income.




Please note that this article is not updated for changes that can and will happen from time to time.




About the author:

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice.
Mr. Read is the author of “How to Start a New Business.”

To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.

For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.


Article Source: http://www.Free-Articles-Zone.com

A Guide to Negligence Law

By nick singh
A Guide to Negligence Law

In English law the law of tort allows you to claim compensation for whiplash if you are involved in a car or motorcycle accident. But what does this law say, and how did it come into existence?

The law of negligence means that in certain situations one person owes a duty of care to another person to not cause them any harm or injury. If that person subsequently does something, or fails to do something, and that action or inaction causes injury to the other person, they are entitled to claim compnensation for the damage (the injury or the losses and expenses in a whiplash claim).

To understand the law of negligence in relation to a whiplash claim it is easiest to use a case study. If Mrs A is stationary in a queue of traffic leading onto a roundabout, she is in a car and she owes a duty of care to all other road users. Likewise, any vehicles behind Mrs A owe a duty of care not to cause harm to her. If Mr B drives up behind Mrs A and fails to stop in time, crashing into the rear of her car, he has breached this duty of care. If this breach has led to damage or injury to Mrs A, she can claim compensation for these losses from Mr B (or in reality his insurance company).

The Losses or Injury Must Be Caused By The Breach of Duty of Care

In the above example, if Mrs A subsequently experienced neck and back pain, the next step in esablishing that she could make a claim for compensation would be to prove that the injuries she sustained were caused by Mr B driving into the back of her car. In theory this is very straightforward, as if she was not injured before and was afterwards, her injuries seem to have been caused by the accident. However, medical evidence is needed to prove that the breach of duty of care did lead to the whiplash injuries to Mrs A. If on obtaining the medical notes for Mrs A it is discovered that she already had bad neck and back pain, a medical expert will have to say whether the pain now has been made worse by the car accident. Unless his evidence confirms this to be the case, Mrs A will have failed to establish that Mr B's breach of duty or care has caused her injuries, and will not be able to claim compensation.

Summary

To prove negligence to be able to make a claim for compensation for whiplash, a person must prove that another person owed them a duty of care, that they breached this duty of care, AND that this breach of the duty of care caused the first person to suffer injuries or losses. Only then will they be entitled to claim compensation.

If you have been involved in a car or motorcycle accident that has led to a whiplash claim, you might be accused of contributing to the cause of the accident: the correct legal term for this being "contributory negligence". Here we look at the possible causes of contributory negligence and whether it prevents you from making a whiplash claim or other claim for compensation.

What is contributory negligence?

To be able to make a claim for compensation for whiplash you first need to prove that someone else was totally or largely to blame for that accident. The law of tort says that you must prove:

That someone owed you a duty of care (to drive carefully and not to cause damage to you or your vehicle)
That someone has breached that duty of care (ie they drove into you)
And that driving into you has caused damage, injury or loss (causation)
If they can prove all of these points they can make a claim for compensation. However, that claim for compensation can still be reduced in amount if the other driver can prove that you were partially responsible for the accident. If they can prove that you were 50% responsible for the accident, then your total claim for compensation would be reduced by 50%, meaning that if the total claim was initially for £10,000, it would be reduced to £5,000. Therefore, contributory negligence can have a serious impact on the total amount of your whiplash claim.

Types of Contributory Negligence

There can be a large number of causes of contributory negligence. For example, somebody driving into the back of you when you are stationary normally leads to a straightforward claim for compensation for your whiplash injury. However, if the other driver can prove that you were braking and your brake lights were not working, he may be able to reduce or completely remove his liability for compensation to you. Each case is looked at on the evidence and your solicitor will advise you on this in detail. It is your solicitor's duty to obtain evidence to support your claim and also to rebut any claim against you for contributory negligence by the other driver's solicitor.

Failing to wear a seat belt

There is one area where you will always be guilty of contributory negligence:- failing to wear a seatbelt. If you make a whiplash claim and the other driver can prove that you were not wearing a seatbelt when the accident took place, your total claim for compensation will normally be reduced by 25%. Therefore, not only should you wear a seatbelt to comply with the law and to protect yourself in the event of an accident, but it also saves you losing one quarter of your compensation if you subsequently make a claim for compensation. Another example of contributory negligence is failing to wear a helmet on a bicycle, or failing to use a guard on machinery at work when you have been trained to do so.You can read more about medical negligence on our website.

About the author:
Nick Jervis is a solicitor (non practising) who worked in private practice for 14 years specialising in personal injury claims. On leaving legal practice Nick established 1stclaims as a means of putting innocent accident victims in touch with expert personal injury solicitors that Nick has worked with over the last 17 years. For further guidance, please visit our site on www.1stclaims.co.uk

Article Source: http://www.Free-Articles-Zone.com

personal laws