Currently, the Democrats have 49 seats in the Senate. In addition to those 49 seats, there are 2 independents, Joe Lieberman and Bernard Sanders, who caucus with the Democrats, effectively giving them a 51 seat majority. However, in order to get anything done in the Senate, 60 votes are needed to break Republican sponsored filibusters, the process of talking a bill to death and preventing action on urgently needed legislation.

There is general agreement, given the state of the economy, that 2008 will be a Democratic year. If Democrats pick up 5 seats in the Senate, the minimum they are projected to win, they will have 56 votes and will only need 4 Republican votes to break a filibuster. However, if the Democrats pick up 9 votes, difficult but not impossible, they will be able to shut off debate without crossover Republican votes.

What will it mean for the labor movement to have a filibuster proof, Democratic majority in the Senate?

First and foremost, it means that the Employee Free Choice Act will be enacted into law. The Democratic congress will vote for the Employee Free Choice Act and send that legislation to President Barack Obama who will sign it into law. Once the Employee Free Choice Act becomes law and management can no longer manipulate company based representation elections, it is a safe bet that there should be a significant increase in the number of union represented employees in the United States.

In addition to the passage of the Employee Free Choice Act, a strong Democratic majority in congress can be counted on to periodically raise the federal minimum wage for the working poor. Hopefully, the days of having to wait nine years for small increases in the minimum wage should become a relic of the past.

Other areas where significant changes can be anticipated include revisions in NAFTA to make it more labor friendly, the elimination of tax incentives to encourage American businesses to relocate overseas, greater regulation of the home loan industry to prevent a reoccurrence of the “subprime” housing debacle, and tax breaks for middle income wage earners.

Another significant change will come in the area of job creation. Unlike George Bush, Senator Obama has made it clear that he intends to spend significant sums of money on promoting renewable energy such as wind, solar, and geothermal energy. The expenditure of these funds should create thousands of new jobs for working men and women.

Finally, it is my belief that it is absolutely inevitable that the Democratic congress and the new Democratic president will allocate significant resources for “public works” projects; i.e. repair of infrastructure such as roads, bridges, sewers, water treatment plants, etc. Rather than rely on the marketplace to generate wealth that will “trickle down” to the masses, Obama and the Democratic congress will take direct action to stimulate our economy and return our nation to prosperity by means of these job creating projects.

I believe that the next four years may very well be recorded by historians as labor’s new “golden age.”

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As part of CJE’s ongoing committment to protecting children, and the rights of children while in the courts, we have identified an alarming number of critical gaps in how the California Family Courts deal with child custody disputes, allegations of physical and sexual child abuse, and domestic violence. In light of the seriousness of these issues, it is CJE’s opinion that an audit and evaluation of the California Family Courts by the California State Auditor is warranted.

In 2008 CJE worked closely with the office of Assembly Speaker Pro Tem Sally Lieber to develop a letter to the Joint Legislative Audit Committee (JLAC) requesting an audit of the California Family Courts with respect to child custody disputes. In June 2008, Assemblywoman Lieber submitted the letter to the Joint Legislative Audit Committee. Unfortunately, due to the absence of the committee’s chair, the JLAC failed to meet after the request was submitted. Assemblywoman Lieber, who has been a remarkable champion for children in the California legislature, and a great friend to CJE, was termed out of office in 2008 and is unable to re-introduce the audit request during the 2009 legislative session.

Senator Mark Leno has agreed to pick up the mantle and become the lead sponsor for the audit request this year. CJE applauds Senator Leno’s commitment to open, accountable government and we look forward to supporting his efforts. Click here to read a February 18th column from the Marin Independent Journal announcing Senator Leno’s decision to sponsor the audit proposal.

This audit will help identify any existing inconsistencies in the application of domestic violence, child custody, and child abuse laws and processes within the state, and will bring clarity to issues the Legislature should address for the protection of parents and children of the state of California. The next step in this process will be a public hearing on May 13, 2009 at which the Joint Legislative Audit Committee will discuss and act upon the audit request.

2009 Leglislative Priorities

AB 612 (Child Custody – Non-Scientific Theories) has been introduced by San Jose Assemblyman Jim Beall Jr. and would prohibit a court from considering a nonscientific theory (such as Parental Alienation Syndrome) in making a determination regarding child custody or visitation with a child. AB 612 would also prohibit a court from considering or receiving into evidence a report, assessment, evaluation, or investigation prepared pursuant to the provisions described above if it includes a nonscientific theory.

            Depreciation of assets or a write-off of an asset can be challenging.  Most fixed assets by law must be depreciated over what is considered its useful life. (Tax laws can be found at )  One misunderstanding about depreciation is that some may believe depreciating an asset will provide money for its replacement.  This is incorrect, for only the revenue generated (or not) from the asset over its useful life can be used to replace it.  As for which method that should be chosen, it is up to the owner to pick what works for that particular company. For example, a new company choosing the straight-line method over an accelerated method may be best according to Tax-Savvy for Small Businesses.  Due to fewer profits during the beginning stages of a business you may benefit from the smaller deductions by using straight-line depreciation.  Furthermore, keep any records of personal use vs. business use of certain assets such as a computer, so at least part of the asset can be written-off.  On the other hand, you may choose to not write-off the asset over its useful life and declare the asset under Section 179.  For example, this allows the new business for its first year to expense the asset (in service) at full cost as long as it does not exceed $128,000 (as of 2008).  Be aware of the tax bracket you are in prior to claiming Section 179 because freeing up cash may push you into a higher tax bracket which equals paying more money.  Read about other qualifications and rules regarding Section 179 deduction in J.K. Lasser’s Small Business Taxes, 2008 edition.  You can find this book, along with tips and a free news letter at . 

            Educating yourself about good book keeping and where you can receive help will ensure that you know about special tax reductions within the first year of business and most of all, save money.  First, if you can invest in yourself and take a few courses in accounting this may help your business save money.  Learning how to keep your books and records in order and learning the generally accepted accounting principles (GAAP) and the upcoming international financial reporting standards (IFRS) will improve your chances of reducing your taxes.  For example, good book keeping will reduce your time filling out tax forms, and enable you to pay your taxes on time. It is crucial to never file your taxes late and incur un-necessary penalty charges!  Also, if you choose to have your taxes done by a professional, and your records are already in order and accounting principles were followed, they will spend less time organizing and charge you less money.  Preparing taxes through tax software programs such as Turbo Tax may help decrease any confusion when filing but even with these programs you may still need professional advice.  Educating yourself about the various types of tax advisors will help in choosing which one is the best for your business.  Certified public accounts (CPAs) seem to be commonly hired by small businesses due to their significant training (licensed by the state) and advice.  In order to get more “bang for your buck” and not just a number cruncher, go online to to find the right CPA to match your company’s needs.   

            Though filing taxes may be challenging for a small business owner, there are plenty of ways to get assistance and save money.  Educating yourself on the ever changing tax laws and knowing the basic accounting principles may seem tedious but it is a sure way to ensure the survival of your business. 

There are a limited number of ways to immigrate to the United States. The most common way is through a family category. The second most common way is through employment.

One of the most common paths to residency that does not involve immigrating through a family member is from student to OPT to H1B to permanent resident. It is important to understand that employment based permanent residency is for a job in the future. In other words, this is a prospective position. This means that there are cases where an employee may work for other employers while a different employer petitions for their residency.

There are a variety of different employment categories under which a person may seek residency. Briefly they include:

1st: Priority workers – Aliens with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers.

2nd: Members of professions holding advanced degrees or aliens of exceptional ability.

3rd: Professionals, skilled, and other workers.

4th: Special immigrants.

By far the most common categories utilized by intending immigrants are the second and third preference categories. With limited exceptions the employer will have to test the U.S. job market to show the U.S. Department of Labor that there are no qualified U.S. workers available for the position in the geographic area of employment. A U.S. worker is defined as a U.S. citizen or lawful permanent resident. Individuals on non-immigrant visas are not considered “U.S. workers” for the purposes of the test of the labor market.

The employer will have to run ads in a variety of media such as newspapers, journals, internet job sites, state job banks, etc. These ads have a limited shelf life and, assuming that no qualified U.S. worker comes forward, the employer will have to file a request for labor certification with the U.S. Department of Labor in under 180 days from the date the first ad was placed or the employer will have to run the ad again if it is needed to satisfy their burden under the law.

Once the labor certification is filed the U.S. Department of Labor will certify the case, deny the case, or audit the case to make sure that all the appropriate steps were followed.

Assuming the case is certified the employee can begin the immigrant visa process with the U.S. Citizenship and Immigration Services. This is where the category of employment is important. The availability of visas for each category fluctuates and the U.S. State Department Visa Bulletin must be reviewed to determine the appropriate path for the next step.

If the visa category is current (indicated with a “C”) then the employee can file the I-140 visa petition and I-485 residency petition simultaneously. A work card application (I-765) and travel permission request (I-131) can accompany the I-485.

If the visa category is not current, showing a date rather than a “C”, then only the I-140 can be filed. The filing of the I-140 does not grant the beneficiary any status and no work card is available. Unless the prospective employee has independent basis for staying in the United States (e.g. an OPT or H1B) they may have to leave until their immigrant petition is approved and a visa number becomes available.

Fortunately, at least for those individuals on H1B visas (a very common scenario), the H1B visa can be extended beyond the normal 6 year limit if the labor certification was filed more than a year before the end of their 6th year. The H1B visa can be extended indefinitely until the labor certification and immigrant visa petition process is complete. Unfortunately this is a process which can take many years.

When a person has acted negligently, it means that the person failed to act in the same manner and with the same prudence that a rational person would have acted in the same set of circumstances. A few examples of negligence:

Personal injury as a result of negligence can happen anywhere at any time:

Personal injury encompasses a wide range of situations that lead to the harm of another person. Some of the most common personal injury lawsuits include:

Personal injury lawsuits exist to compensate victims for physical, emotional and financial hardships. Every personal injury lawsuit has its own unique set of circumstances and as such the levels of compensation differ from case to case. Most personal injury lawsuits work to provide financial restitution as quickly as possible for:

Personal injury lawsuits are complicated and require the assistance of an experienced legal team to research the situation, identify the person(s) or company at fault and obtain the compensation that is due. Time is of the essence in filing a personal injury lawsuit, as all states have a statute of limitations on the time period for which a person can file the lawsuit. This time period can range from 1-6 years, depending on the state.

If you feel you have a personal injury claim and would like to discuss your situation with injury lawyers in Maryland, please visit the website of Cohen & Dwin, P.A. to arrange a free personal injury consultation with their experienced lawyers.

Dandridge Law offers services of copyright law attorneys that are affordable and easily accessible via internet. The Michigan business attorneys evaluate copyright cases and help clients at every step. The legal experts offer counseling and design the future course of action to ensure complete justice to the client. They also enlighten clients on the various rights and duties that help further in solving the case. Copyright law attorneys at Dandridge would help you in assisting business owners and individual all across the state in protecting their ideas like symbols, logo, slogans or other written or performance work. It can be difficult to solve such issues by oneself, therefore acquiring the help of an expert who specializes in this domain becomes extremely important.  To get further information on the company or avail help from nonprofit attorney or copyright law attorney, visit http://dandridgelaw.com/ to get out of the legal mess quickly.

The Rhode Island Supreme Court has made prenuptial agreements extremely difficult to set aside!

Rhode Island General Law 15-17-6 and established Rhode Island Supreme Court decisions create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.

R.I.G.L Section 15-17-6 states:   

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; and

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.

(c) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(d) An issue of unconscionably of a premarital agreement shall be decided by the court as a matter of law.”

The intent of the statute is to “preserve the validity of such agreements”. In order to invalidate a premarital agreement a person must prove every element of the statute by clear and convincing evidence.

The bottom line is the premarital agreements are extremely difficult to invalidate in rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island law. I always insert a paragraph in my prenuptial agreements that Rhode Island law will govern the interpretation and enforceability of the agreement. However, there is no 100 percent assurance that some judge of a different state will follow RI Law.

If a person signs a prenuptial without a lawyer is it enforceable? Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.

You may now be thinking: ‘Oh well, this is a lot of legal mombo-jombo’, but the fact is that these laws were created for a reason. The labor compliance program also referred to as ‘LCP’ is required to make sure that all workers employed by either contractors or subcontractors be paid or compensated a state-determined prevailing wage. In other words, this program makes sure that workers who execute public work contracts are not being underpaid.

Another goal of this labor compliance program is to keep a competitive bidding process with complete integrity, which will filter monetary aid back into the local community through the public workers thus improving labor relations. The agency which is directly responsible for enforcing prevailing wage laws is the California Department of Industrial Relations also referred to as ‘DIR’, and even more specific, the Division of Labor Standards Enforcement also known as the ‘DLSE’ which is a subdivision of the ‘DIR’ is directly linked to this compliance program.

Furthermore, the work done by the Division of Labor Standards Enforcement has to comply and be consistent with the 8CC 16434 legislation which has provided a statutory system ever since 1989. This particular legislation also allows political subdivisions of the state which provide public work contracts to work and make sure everything is in order directly with the Department of industrial Relations and the Division of Labor Standards Enforcement.

This particular program also applies to school districts. Since funding, implementing and managing a permanent labor compliance program is quite an important and resource consuming task many of the school districts have decided to let a certified third party LCP handle such responsibilities.

Certified third party LCPs are required to handle several tasks during this process, such tasks are: communicating with construction workers and personnel in English and Spanish during on-site labor compliance inspections, keeping proper documentation of prevailing wage language during bid and contract arrangements, instructing and explaining labor compliance responsibilities to contractors and subcontractors during pre-construction convocations, auditing and ensuring the integrity of certified payroll records as well as making corrections if prevailing wage mistakes are found throughout such documents, ensuring and facilitating project completion within the time and budgets established.

As you now understand, keeping and maintaining labor compliance programs is a full time job which must be executed properly and carefully, that is why that not only school districts are outsourcing such responsibilities to certified third party LCPs; housing authorities, developers, contractors, local municipalities, redevelopment agencies and all other organizations which are subject to state regulated prevailing wage requirements, tend to outsource such tasks as well.

What is the labor I am referring to? Well, consider the unions that are left in the country such as the automotive unions, the Teamsters, the United Mine Workers, etc now consider the 2 million plus individuals who have lost jobs during 2008. Next, consider those that will lose jobs during the first quarter of 2009, let’s say may another 500,000 to 750,000 individuals. Next throw in the families of all the unemployed. Yes, I would say that a million man/woman March on Washington, D.C. is possible and needed!

It is needed to show those entrenched Washington politicians who are in the pockets of the corporations who they really work for and who they really should fear. Yes, I said fear!

You see during the 1800s corporations were not as powerful as they are today. Don’t get me wrong there were plenty of battles between labor and private detectives, law enforcement and the military but corporations had a limited life span, they were chartered for a set number of years and for a particular purpose. In Santa Clara v. Southern Pacific Railroad where the Supreme Court Reporter inserted that coporations had 14th amendment rights. Here is where everything started to change and the corporations became more powerful. The 14th amendment passed after the Civil War gave freed slaves equal protection under the law and due process of laws.Now it was applied to corporations. Corporations had the right to challenge regulatory laws, they had the right to challenge any attempt to limit their “lifespan”. So what does that mean? Take a look around at these corporations, some global in nature, that have grown so big they are considered by politicians as “to big to fail”. Another issue is that the board of directors of a corporation owes a duty to the shareholders to make as much money as possible. This is why we are in the present situation.

Greed, it is all about greed and power. These corporations want to suck every nickel they can out of the American consumer. The credit card companies really do not wish for the American consumer to get out of debt. Think about it, if everyone in America suddenly cut uo their credit cards and refused to use them ever again. Do you think the credit card companies, which are publicly traded, might have a problem? Do you think they care about you or your families? They don’t! If there were civil unrest these mega millionaires would be on a flight out of the country and to Switzerland.

But back to the March, do you think it would send a message to the politicians and their corporate masters.  Time is running short to take back the country. It is time to place people before profits. It is time to make sure that no one in America is homeless. It is time to make sure that no one in America goes to bed hungry. It is time to make sure that everyone has health insurance just like the members of Congress. Again, people should come before profits!

If you wish to chat about life, the universe, and everything feel free to call me. Please visit my websites www.duilawyerofpalmbeach.com and www.expungemyfloridaarrest.com .

Copyright, All rights reserved by Timothy Foster, 2008.