Life Insurance and the Law. A layman's introduction.

By Michael Challiner
There are no laws in the UK that require a person to have life insurance. It’s an entirely voluntary insurance. About 40% of the UK's working population are covered by life insurance either through their own policy or via an arrangement through their employer.

So the simple things first. You have to be a UK resident in order to buy a life insurance policy from a UK based insurance company. This is not a requirement laid down in UK law, but UK laws and tax arrangements make it impossible for a UK based insurance company to offer insurance to anyone other than a UK resident. But be aware that if, having taken out life insurance, you later live abroad, your policy will be invalidated. Naturally, invalidation does not apply if you are on holiday but if you have a short-term work assignment abroad you are well advised to inform your insurance company before you go.

All UK Insurance Companies are subject to UK Corporate Laws. However, there are special regulations that only apply to insurance companies. These control the value of the risks the companies take on in relation to their financial reserves. These regulations are designed to ensure that your insurance company will be in a position to pay if you claim.

The Data Protection Act 1998 is concerned with way all UK businesses store, safeguard and use the data they collect about people. This is particularly important within the life insurance industry as the companies store significant amounts of very personal information about you – including your age, health record and life style. One of the key provisions of the Data Protection Act says that if a business wishes to pass on your information for marketing purposes, the business collecting the data must tell you of its intention and give you the opportunity of refusing permission for your data be used in that way. Incidentally, all reputable web sites selling life insurance will have a “Privacy Statement” which tells you how they handle your information and how it is used.

The Financial Services and Markets Act (2000) is the most important piece of legislation affecting the promotion of financial services in the UK including life insurance. The Act is highly complex but is primarily concerned with protecting you the customer. The implementations of the Act is overseen by the Financial Services Authority (FSA). The FSA regulates all forms of the promotion of financial products and services including the activities of financial and mortgage advisors in the UK. Their aim is to ensure you receive clear professional advice that reflects your personal circumstances. They also ensure you have a route to compensation should it be proved that you received inadequate or poor advice.

For the layman, the FSA's biggest impact is reflected in the advisors they talk to. The FSA seeks to ensure that all financial advisors are trustworthy and competent which includes being well supervised and well trained, and that any advice is given in your best interests. The FSA also ensures that you are given full and accurate information about the products you are being advised to buy both before and after you have bought them. They also closely oversee the organisations that actually create the financial products.

In fact everyone and every organisation giving financial advice in the UK must be authorised by the Financial Services Authority.

However, the Act makes a distinction between financial products bought as a result of a recommendation from a Financial Adviser and “Execution Only” business. Execution Only is where a customer is wholly responsible for the selection of the investment and therefore the financial advisers' sole responsibility is to process the purchase efficiently. Under Execution Only, the Adviser bears no responsibility for the products suitability for the clients needs.

You should be aware that many of the web sites promoting life insurance operate on this Execution Only basis. However, most web site operators provide extensive information to enable the client to make an informed choice. Sometimes the information is published on the web site and sometimes provided during a follow-up telephone call. Either way, within their Terms of Business the web site will have to tell you on what basis they provide financial services and as part of your application, you will normally be required to confirm that you have read those Terms.

Those Terms of Business will always include details of a complaints procedure. In outline, if a customer wishes to complain, then the customer must detail the complaint in writing and send it to the Compliance Officer for the business employing the advisor. That business then has to investigate the complaint and reply to the customer in writing. If the Compliance Officer upholds the complaint, and the customer has suffered a financial loss as a result, then the business must agree a financial settlement with the customer. Ultimately, if the customer has suffered financial loss and cannot accept either the organisations’ conclusions or their proposed financial settlement, then the situation can be referred to the Financial Ombudsman. The Financial Ombudsman’s service is free to the customer and they are wholly independent. The Financial Ombudsman’s decision is usually binding on both parties.

The other central piece of protection for the customer is the Financial Services Compensation Scheme. This provides the customer with a level of protection if a financial organisation regulated by the FSA becomes insolvent and cannot properly meet its financial responsibilities to its clients.

Postscript
The above information represents the legal aspects we think you will have found most useful. The information is neither definitive nor exhaustive but is simply an introduction for the layman.

If you would like more detailed information relating to the regulation of life insurance companies, insurance brokers, or financial advisers you should visit the Financial Services Authority’s web site at: www.fsa.gov.uk

About the author:
Michael Challiner has 15 years experience in financial services marketing at senior level. Michael now works as the editor of Brokers Online Life Insurance

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Ohio Law Limits Teen Passengers

By Lillie Davis Davis
A new law went into effect on April 6, 2007 limiting the number of passengers in a teen's car. The goal of the new law in Ohio is to reduce the number of teen-agers involved in traffic crashes.

According to the Public Safety Department, 16-year-old drivers were at fault in 85 percent of the fatal crashes in which they were involved in 2006.

And, among 16- and 17-year-olds, one passenger in an automobile statistically doubled the risk of a crash occurring. Traffic crashes are the number one killer of teenagers.

Consider the following national statistics:

* Two of every five teens dying in America do so as the result of a traffic crash

* Total costs associated with traffic deaths for children 14 and younger amounts to $11,000,000,000 annually

* 60 percent of teen traffic crashes occur on roadways with posted speed limits of 40 miles per hour or less

* Three-fourths of all traffic crashes occur within 25 miles of the victim's home.


Provisions of the law include:

* Drivers under 17 may have only one non-family passenger, unless the driver is accompanied by their parent or guardian

* 17- and 18-year-olds are forbidden from driving between 1 and 5 a.m., unless they are accompanied by their parent or guardian (exceptions include travel to and from school activities or job, with documentation provided by employers)

* Probationary license holders 16 and younger may not drive between midnight and 6 a.m. unless they are accompanied by their parent or guardian (exceptions include travel to and from school activities or job, with documentation provided by employers)

* Temporary instruction permit holders 17 and younger may not drive between midnight and 6 a.m. unless they are accompanied by their parent or guardian who holds a valid license

* Passengers under the age of 15 must use approved restraint systems, such as a seat belt.

* If a driver 16 and younger is convicted of a moving violation within the first six months after receiving their license, they will be required to be accompanied by a parent or guardian when driving for six months after the conviction or until the driver turns 17. (daily-jeff.com/news/article/1816271)

Considering these statistics, parents need to be more vigilant in protect their teens. Always know where your teen is and what he or she is doing. With a GPS unit installed in the teen's vehicle, you can always check to be sure your teen is safe. This is not a violation of your teen's privacy, this is your responsibility as a parent. Ohio is doing its part as a state to try to save the lives of teens. As a parent, do all you can to protect your teen.


About the author:
Lillie Davis is an authorized distributor of the Millennium Plus GPS Tracking system at Falcon GPS Tracking. www.falcongpstracking.com

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Electronic Discovery – Why aren’t more law firms using it

By David S
As the technology age creeps upon us and forces us reevaluate our personal lives in everything that we do, the same can be said for how lawyers practice. Partners who have been tied to their pen and paper presentations are now being confronted with a phenomenon that has started to pick up speed since the early 90’s- Electronic Discovery Requests.

In the general practice of law, opposing counsels will ask for relevant and pertinent data from each other under the aegis of full disclosure. But what happens when this information is contained on someone’s computer, more specifically an email, word document, or even an excel spreadsheet? Precisely, many lawyers do NOT know what to do.

This is where the niche practitioners of the field of electronic discovery come into place. These consultants and technologists assist lawyers and firms every day with their electronic discovery needs. From assisting with drafting proper discovery requests, to helping the firm understand how to deal with electronic discovery vendors to process their information, it truly is a growing field in this day and age.

So why is it that many law firms are not up to speed on this segment of practice. For many firms, there is no necessity yet to embrace this technology. But that will change in the near future as more opposing counsels levy electronic discovery requests against them to fulfill. Courts are starting to require firms to electronically file briefs and other court papers.

As you can see, the legal system will drive itself to accommodate the electronic discovery field. Pertinent data resides on cell phones, PDA’s, computers and even voice mailboxes. These are all discoverable under the federal rules of law. Lawyers will need to become educated as well as confident in their understanding of this new field. The pen and paper dinosaur will still be there, but in order for him to survive, he and his associates will need to adapt, and not be so afraid of this new world. Otherwise, they can be looking at extinction.


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The Best Law Graduate Jobs In The Marketplace

By Rupal Patel
The pressure placed on UK law graduates to succeed in the marketplace is at a high point in this new century. Law graduates, after all, fill important positions in local, regional, and national offices that influence the lives of millions. The pressure that the public applies to judicial professionals, however, is no match to the pressures applied on graduates as they enter the workplace. Thousands of law graduates leave UK universities every spring, with hundreds of applicants vying for the same positions. The standards applied to law graduates applying for entry level clerk positions are high considering the amount of work they do. Law graduates may not be able to control the amount of pressure placed on them but choosing the best graduate job in the UK market means that they can have great success in the future.

Law graduates who want to build a record of socially conscious representation should consider working with non-profit organisations. There are many non-profits that use programmes of pro bono representation for lower income families and prisoners appealing their sentences. As well, environmental organizations and lobbying groups are often on the lookout for talented law graduates. These positions feature low pay initially and long hours but law clerks and other legal graduates often find the work more rewarding than employment at a larger firm.

Graduates who want a more stable position in law should consider employment with a government agency. Government agencies and committees throughout the United Kingdom need talented law graduates to fill clerk positions and administrative roles. These positions usually require a lot of research and report writing, as law clerks are expected to provide representation to the government on a variety of legal issues. The wages and benefits for government work are fair but the ultimate reward is the prestige that a law graduate receives from a government job. These positions can open up doors in the future for advancement in government services or positions with a private firm.

Finally, the rise of the Internet and the issues of copyright infringement that have come up due to music and video sharing has opened up many positions with law firms who deal with these issues. Legal graduates with knowledge of national laws regarding copyrights, patents, and other informational issues have a bright future. The Internet is not about to slow down and neither are issues of infringement, plagiarism, and questionable ethics with intellectual property. Copyright law positions are usually lucrative, which is a nod to the high costs paid by music companies and artists to protect their craft.

About the author:
Rupal Patel is the Marketing Manager at JustClick, who are a leading source of Graduate Jobs and Graduate Careers, also offering a Graduate Lifestyles portal with news and reviews on current affairs.

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5 Tips How Your Small California Company Can Avoid Labor Law Problems

By Dan Curtin, SPHR
Curtin & Associates, Los Angeles, CA


California's labor laws have given it a reputation as a "non business friendly" state that makes life difficult for employers. In my consulting practice, I find many California small businesses seriously non-compliant with many state employment standards and regulations.

A business owner could face serious fines or disruption if a government agency finds his or her company in violation of California's labor code regulations. The plaintiff bar attorneys have prospered from this state's confusion of rules and regulations and have targeted and threatened many small businesses with litigation.

If you are a small California business employer, it is in your best interests to take the steps necessary to ensure you are compliant with the state's labor laws. The guidelines outlined here are intended for use by employers with under 50 employees. (Larger businesses must also comply with other regulations). Here are the primary five areas on which you will need to focus:

#1 Update your Employment Law Posters! - The California Labor Dept. and the federal governments require employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. The number of posters required is determined by the size and nature of your business but could total up to ten or more. You can obtain the required California and federal posters through these websites: .and . You may want to consider purchasing an approved "combination" poster which condenses and combines all the necessary posters. You can find these online at or or similar sites on the Internet.

Employers should study and make sure they understand the regulations on these posters to determine which regulations are applicable to their business so they can answer questions from employees.

#2 Be compliant with all Safety and Health regulations - In California, every employer has a legal requirement to provide and maintain a safe and healthy workplace for its employees, according to the California Occupational Safety and Health department standards. As of 1991, each employer must have in place a written, effective Injury and Illness Prevention Program (IIPP). This does not have to be a complex document but must encompass certain elements. You can get an outline from the state for developing a plan for your work site at . Besides developing a plan, there is a requirement that you train your workers on preventing workplace hazards (and document that training). Your IIPP plan must be updated every time you change your operations where the hazards involved also change. In addition, all employers with over ten employees must also keep an accident and injury log (OSHA 300). You can download that form and instructions at .

#3 Pay close attention to how you pay your employees - In California, most state employment regulations "trump" federal regulations because state standards are usually stricter. Many small business owners make the mistake of paying all or many of their employees a straight salary to keep payroll a simple process. This can be a very perilous approach as you most probably will violate overtime rules which have very stiff penalties. Study the CA Industry Wage Commission (IWC) orders for your industry at to know the legal requirements for overtime wages, breaks and lunch periods for your workers. A critical area many small businesses fail to recognize is the proper classification of employees, as they apply to mandatory overtime pay - exempt from overtime or not exempt. This can be an area which you may need some professional advice, but the general rule is that every employee should be paid hourly and paid overtime according to the IWC orders unless the proper testing is done to make a case for an exemption which usually only applies to top managers or certain professional employees. Some guidelines are available at .

#4 Respect your Employees' Privacy and secure personnel files - Today the law protects the privacy of employees with some pretty severe sanctions against employers who violate a person's medical privacy or identity, even if unintentional. Separate personnel information into two files - a personnel file (with payroll tax forms, or basic job information in it such as training documents, performance reviews and disciplinary or commendation notices) and a separate confidential file with medical, credit, benefits and personal family or dependent information. Supervisors or other interested management must be restricted in their access to the personnel file only. Only the person designated as the human resources record keeper is to be entrusted with the access to the confidential file. Also make sure these files are always secured. For a more thorough discussion on employer's responsibilities on employee privacy download this article at

#5 Do not forget to verify properly your employees' legal work status - The immigration authorities are under increasing pressure to enforce the current laws, and experts agree that enforcement will increase in the coming years as the debate wears on this issue. There have been some well publicized raids all over the country. The I-9 employment form must be completed properly by every employer on every employee, even US citizens. These documents must be completed properly and kept up to date if certain documents are presented on an employee's legal status to work in the US. Attached are two good primers and forms on the employer's responsibilities in that area which can be found at or .

As a further measure, you should also use the government's free service to verify that the social security numbers being presented by applicants are valid, which will reduce the chances that you are hiring an illegal alien. Instructions for verification online are available at . This may become a requirement soon as the immigration service cracks down on employers. The government is now using tax filings with mismatched or invalid social security numbers to look for employer who knowingly hire workers who are in the US without proper labor authorization.

While this article is not inclusive of every labor code issue employers may face, it does cover the "hot" areas which will give you a running head start to being compliant with California state and the federal laws. It might be a prudent investment for every business owner with more than five employees to have a human resource and payroll audit done periodically by an HR professional to help you spot areas of vulnerability and non compliance so that you can address those issues now, rather than in crisis or litigation.

Copyright 2006 - Daniel Curtin, Curtin & Associates, (full rights for republishing granted if reproduced as is, with no editing of points 1 through 5).







About the author:

Daniel Curtin, SPHR is the Principal of Curtin & Associates ; a Los Angeles based human resources consulting firm and a WEHO chamber member. An award winning professional, he has over 28 years of corporate and executive level experience in his field. He has contributed to scholarly books and articles and has been interviewed by local print and TV media. More information on Curtin & Associates is available at http://www.hrsolutions-socal.com

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