SBbxkVT93AXUPn0MTgXqF9sjz8WNYZIl: 2012

Tuesday, December 18, 2012

Understanding Child Labor

In America, Child labor is strictly prohibited which means children under the age of 18 years cannot be employed. While this holds good for organizations not to employee children, there are several children who deliver newspaper every day, who sell magazines at the stations, who help parents at their farm. Do these activities come under the scanner? We need to be very specific and clear in defining what entails child labor.

Legislation has been fairly clear on explaining further and making certain allowances for children to be allowed to work only in certain areas and under specific conditions.

If the child has a found a job and it requires him to drive a motor vehicle, it would be a problem with quite a few jurisdictions that have very clear boundaries and limits to defining what is allowable and what is not.

Children need to be over 16 years of age to be able to qualify to apply for a driving license. The child labor laws also prohibit children below 16 years of age in most of the states to take up jobs that involve driving motor vehicle. So under both counts minors would have to wait to become 17 years old to be able to take up the job and the license.

The child labor laws are laid down detailing the conditions, the situations and the kinds of jobs along with timelines that the children can be engaged in legally and also specifies where they cannot be engaged. Children for example may not be allowed to serve in any public place beyond office hours and definitely not on night shifts.

All the states are very diligent and take extra care to ensure the labor laws are complied with. Children cannot be employed to work at nights and work continuously beyond 8 hours. The conditions at place of work have to be conducive for children to be employed.

The child protection legislations are explicit in detailing and guiding managements not to employ children where there is a chance of likely danger to the safety of the child or the situations are likely to be dangerous to his health. Children therefore cannot be made to work near fire, explosives, water or climb up on roof tops to work etc.

Should your require more information about the laws in a particular state, you could check the government website or contact a local employment attorney.

Hiring a Criminal Defense Lawyer for Drug Charges

Probably one of the most serious cases that anyone could face is drug charges. In many countries, the consequences of being proven guilty of this crime are no joke, which includes paying hefty fines, jail time and of course, a permanent mark on the criminal record. Aside from this, being convicted for this case would definitely affect the reputation of a person significantly, reducing good opportunities that he could take. That is why, when facing this serious kind of charges, it is very important to be represented by a good criminal defense lawyer.

Lawyers are professionals who can represent people who are facing drug charges offense or defense. They are expert individuals who are well trained and experienced in handling this kind of circumstances. Being professionals who have dedicated their lives studying laws and court systems, they are well knowledgeable about the ins and outs of these kinds of charges.

Hiring a criminal defense lawyer from a good criminal law firm is very essential in order for a person charged with drug cases to have their rights protected. If a person is properly represented, he would be guided carefully on the proper process. This would prevent you from saying things that can push you deeper into conviction, and this is true even if the person being charged is innocent of the crime.

Aside from this, being properly represented in facing drug charges increases the chance of positive outcome. Lawyers have a wide connection in different kinds of fields, allowing you to gather necessary evidence that would be needed for the progress of the case. The more evidence and data are gathered, the better the chances of having a stronger case for the defense.

Since the role the lawyers would play in the case is very crucial, you should be sure that you would be making the proper choice in selecting the attorney who will represent you. You should be sure that he has a wide experience in the field and know exactly how to get you out of the case with the best deal possible.

You should also select someone who has a good personality, someone you would be willing to entrust your life and future to. The relationship between the lawyer and the defendant is very important, as the two needs to cooperate for the progress of the case, getting a lawyer who you would be confident working with would result into greater advantages in the case.

Saturday, December 1, 2012

Special Tax Rules For Minor's Income

Special tax rules are in place for income received by those less than 18 years of age (minors). The main intention of these rules is to discourage parents from diverting their income to their children.

Minors who are residents of Australia but do not earn more than $1,667 in 2007-08 do not have to lodge a tax return. This is because the low income tax offset of $750 offsets the tax payable on income less than $1,667. If the minor's taxable income is less than $48,750, they will get the low income tax offset. The maximum tax offset of $750 applies if their taxable income is $30,000 or less. This amount is reduced by four cents for each dollar over $30,000.

For those that do need to lodge a return, under the special rules for minors, there are 3 possible scenarios that may apply:

1. the child has only excepted income

2. the child has both excepted and eligible income

3. the child has only eligible income

Excepted income refers to income that is generated through the minor's own efforts and includes income from sources such as employment, Centrelink benefits, compensation, income from deceased estates, their own business or partnership that they were involved in and any income that is generated from the investment of these and other excepted income. Excepted income should be reported at Item A1 on your tax return.

Eligible income is defined as income that is received by the minor but not as a result of their personal efforts. It could be interest that is earned on birthday money that was invested or proceeds from a family trust distribution.

Any excepted income that is earned by a minor is taxed at the same marginal rates as all other Australian taxpayers. However, eligible income is taxed at a higher rate.

Where a minor has both excepted and eligible income the amounts are reported separately and the tax owing on those amounts is calculated separately.

At The Quinn Group, our team of professional accountants is able to provide advice to businesses and individuals on a range of accounting and tax related issues. To speak with one of our professionals regarding this or any other tax query that you may have please contact The Quinn Group on 1300 QUINNS or click here to submit an online enquiry.

Are You Entitled to Law Enforcement Officer Retirement? Workers' Compensation Rights - Understanding Employers and Employees Workers' Compensation Rights Jones Act Lawyer - Your Protection Train & Railroad Accidents and Railroad Employees

Grievance Software and Labor Unions - Moving Forward

More and more local labor unions are showing up on the Internet. At the advent of commercialized Internet well over a decade ago, many labor unions were slow to adopt the new technology. This could be attributed to the fact that many union officials' had successfully managed the business of their respective unions successfully without the use of these technologies. After all, it seemed the Internet brought forth so many technologies that it was almost overwhelming at first.

However, a new trend is moving through labor union organizations in the current decade and it has been hugely successful. More and more local unions are going online and even starting to outsource certain technologies to specialized technological organizations that exclusively service labor union organizations.

One such movement is the outsourcing of grievance tracking software. There are a handful of software vendors which unions contract with in order to efficiently file and track union grievances. These vendors have spent hundreds of thousands of dollars on building this grievance software so the unions won't have to and to ensure the data integrity of union members. The unions utilize this Internet grievance system offered by the software vendor and never have to manage any "in-house" hardware or software.

The web-based grievance tracking tools allow the unions to automate the grievance process from step 1 through arbitration. The unions can even scan and upload all relevant grievance documents and attach them directly to each individual grievance. Typically, in these web-based systems, multiple users are allowed to access the grievance database with their own unique User ID and Password. Also, different users are given different levels of control, ranging from a "system administrator" to a "read only" user.

Research your own grievance software and see if it compares to: http://www.griev.com/

Dubai Jobs - The Impact of Labor Laws

Finding the perfect job in Dubai can offer its own set of unique challenges. The UAE has not been immune to the global economic crisis and competition for available jobs is stiff. In addition, labor laws in the UAE can be confusing and seem to be in a constant flux. By educating themselves on the basics of UAE labor law, employees can avoid many common pitfalls that may arise during their time working in Dubai.

Rights that job seekers take for granted in their home country may not necessarily apply in Dubai. For example, there are no anti-discrimination laws in effect and employers can request anything from a certain nationality or age group to a certain appearance. There is also no minimum wage. An employee's nationality is often a determining factor in the amount of pay offered, with Europeans and Arabs on the higher end of the scale and Asians on the lower end. Because changing jobs in Dubai is not a straightforward process, it is a common (although illegal) practice for some employers to hold employee passports as security against absconding.

An expatriate's right to live and work in the UAE is tied to their sponsor, in this case the employer. Once a job seeker is hired, an employment contract will be signed. The contract is either fixed term or unlimited term. A fixed term contract means that there is a specified start date and end date. The contract cannot exceed three years, but can be renewed. Unlimited term contracts list a start date but are open-ended. They may be terminated by mutual consent or by either party giving 30 days notice. A new employee may undergo a probationary period of not more than six months. During this time the employee can be dismissed without reason or notice and he or she will not be entitled to any end of service benefits. Contracts may also include a competitive clause which states an employee cannot work for a competitor for up to two years.

Once a contract is signed the employee is legally bound to fulfill it. While laws regarding sponsorship have eased, allowing employees some movement between jobs if certain conditions are fulfilled, it still can be a challenging process. In most cases, in order to transfer to a new job the employee must complete one full year of service at their current position and obtain an NOC (No Objection Certificate) from their current employer. The NOC states that the employer releases the employee from any contractual obligations. If an employee's work permit is cancelled without the NOC, a six month ban will be issued against the employee.

This means that while they can reenter the UAE on a visit visa during the ban, they will not be issued a new work permit for six months. There are certain categories of workers who are exempt from these rules, including employees of government departments and Free Zone areas (such as Dubai Media City, Knowledge Village, and Internet City). Free Zone workers are not under an individual company's sponsorship, but under the sponsorship of the entire Free Zone area itself. As such, they can transfer to a new job within the same Free Zone without an NOC. Employees sponsored by their spouses also have greater freedom of movement between jobs.

While Dubai offers an exciting, multi-cultural work environment coupled with tax free income, employees do need to be aware of how job regulations can affect them. The government of Dubai is currently reviewing labor laws, particularly the six month ban rule, in light of the current global economy. Changes giving workers more rights and greater flexibility to move from one job to another may be on the horizon.

Business Re-Structuring

There are a range of reasons that business owners may need to consider re-structuring their business. If:

* Your business is experiencing cash flow problems;

* Your creditors are demanding payment of outstanding accounts and threatening legal action;

* You're finding it hard to remain within your overdraft limit;

* Your bank is making demands;

* You have inherited company liabilities as a result of personal guarantees provided;

* You are unable to make payments to the ATO on time

Then you may need to look at restructuring your business as a method of getting it back on its feet and heading in the right direction.

Taking action to get a distressed business back on track is generally the best option for all involved. Following a comprehensive independent review of the business, if it is deemed that restructuring is a viable option the next step is to determine which particular restructuring components best suit the individual situation. Some possible options include restructuring the business, the disposal of some divisions/assets that are not performing well or possible refinancing.

The range of areas that a business restructure can affect reach far and wide. Such areas can include control of the business, asset protection planning, capital gains tax, stamp duty, income tax, GST, land tax, payroll tax, estate planning and succession issues. Depending on the individual situation this can have either be a positive or a negative effect.

Specific examples include that if a sole trader or partnership decides to incorporate, under certain conditions, they may be eligible to deduct, over five years, costs incurred by them in relation to the incorporation such as legal, search or lodgement fees. On the flip side, another entity may be liable for stamp duty on the transfer of assets, capital gains tax and possible loss of tax benefits that the current business structure is eligible for.

It is said there are two types of expertise that are required in order to implement a successful restructure, traditional and contemporary. A knowledge of traditional legal and accounting practices is necessary in order to address areas such as taxation, the rights and shares of owners and the ownership of various types of assets.

Additionally, an up-to-date, working knowledge of the modern business arena is needed to aid the development of modern business models, as well as to improve workflow management and online business and leverage with third parties. This contemporary expertise assists many businesses to operate cheaper, faster and better than their competitors.

As has been demonstrated, there are many issues to be aware of when looking to restructure a business, which is why it is extremely important to enlist the help of professional lawyers and accountants.

At The Quinn Group the highly qualified team of both accountants and lawyers are well equipped to assist you with your business restructuring needs. Having all your needs met by one firm ensures timely and cost effective solutions for you business. Contact us on 1300 QUINNS or click here to email your enquiry.

State Labor Laws in Texas

Texas is the second largest state in the south-central part of the United States of America. It is surrounded by Mexico from the south, New Mexico from the west, Oklahoma from the north, Arkansas from the northeast, and Louisiana from the east. This place is famous for providing excellent working conditions to all the employees.

Some of the state labor laws which are applicable in this state are as follows:

1. Child labor laws Child labor laws are basically made to ensure that a child is not employed in an occupation or manner that is harmful to the child's safety, health, or well-being. It is illegal to employ a child less than 14 years of age in this state. A 14 or 15 years old child may not work more than eight hours in one day or more than 48 hours in one week. He or she should not be employed in manufacturing, mining, or processing occupations.

2. Texas Minimum wage act Under the fair labor standards act, an employee in this state must receive the federal minimum wage of $5.15 per hour.

3. Labor law posters at work place Owners have to display several labor law posters at the workplace. Each owner must publish exact and updated federal and state labor law posters. It must include information related to health and safety protection, minimum wage, minimum wage, unemployment insurance and worker right notices.

4. Discrimination Employers in Texas cannot discriminate the candidates on the basis of caste, creed, nationality, age and religion. If any employer is found guilty then a severe action is taken against him.

5. References An earlier employer is liberated to provide any non-confidential information about an earlier worker. An employer who provides incorrect information that belittles the employee may be liable for punishment.

6. Employees hand book An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures.

5. Work place safety According to federal and state law an employer is responsible for providing the best working condition to the employee. Each owner must comply with occupational safety and health standards, rules, regulations and orders issued as per the laws. If you will not provide the best working condition then you will be questioned by the employee.

I hope now you have a good idea of some of the laws which are prevailing in this state. Make sure that you follow them. If you will not follow these laws then you will be punished.

Pregnancy Discrimination - Know Your Rights!

As a starting point one thing should be made very clear: You cannot be discriminated against for being pregnant! You cannot be fired. You cannot be refused employment. You cannot be demoted. You cannot be docked pay.

Unfortunately, it seems to be a fairly common occurrence that once a woman becomes pregnant her formerly nice and reasonable employer treats her differently. Treating a woman differently - unless it's to say how awesome it is that she's pregnant - is likely to be illegal. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA) as an amendment to Title VII of the Civil Rights Act of 1964. In doing so Congress made clear that women were not to be punished for becoming mothers.

The PDA prohibits discrimination in areas and ways, including*:

Hiring/Firing: An employer cannot refuse to hire a woman because of her pregnancy or a related condition and cannot fire a woman for those things either. Pregnancy & Maternity Leave: An employer: cannot single out pregnant women for special procedures to determine her ability to work; must hold open the job while she is on pregnancy leave; must treat her the same as any temporarily disabled worker if she is unable to perform her duties for a short time; must allow her to work if she is able. Health Insurance: Employer provided health insurance must cover pregnancy and pregnancy-related conditions on the same basis as other medical issues. Fringe Benefits: Benefits cannot be given only to married couples. Benefits cannot be provided differently to pregnant and non-pregnant employees. Seniority, vacation, pay, temporary disability benefits, must all be the same as all other employees. *This list is not all inclusive. See an attorney if you feel as if you have, or are, suffering some sort of mistreatment.

Additionally, the law prevents retaliation for complaining about discrimination either to your employer or to the EEOC. States and local governments may also have laws that are similar to the PDA.

For example, in Illinois the city of Chicago, Cook County, and the state of Illinois all have laws intended to prevent or remedy pregnancy discrimination. There are also administrative forums at each of these levels devoted to hearing claims of discrimination and providing remedies, including monetary damages.

Women who suffer, or believe that they may have suffered, discrimination need to file a charge of discrimination with the EEOC within 180 days of the date of the last act of discrimination. The various local and state agencies may have different filing times but many mirror the 180 day filing requirement set by the federal government as well as the types of discrimination considered illegal. Missing the filing date may eliminate the women's right to sue so careful attention must be paid to the date, or dates, the act of discrimination took place.

As always, it's best to consult a local attorney about a claim of discrimination but these forums will allow a woman to file her claim without a lawyer and some will investigate the claims using trained personnel.

Things to Do When a Workplace Accident Occurs

Each company should have each of their employees in the workplace insured. If an accident takes place, this insurance will pay all of the expenses that were met inline with the accident. The compensation will be awarded to the employee who will file a claim.

In some companies, the employees who got involved in an accident are afraid to file for a work place accident claim. This might be because they wouldn't want to lose their jobs. The truth though is they wouldn't lose their jobs just because they filed for it. It is their right to be compensated for the accident that they had while they are at work.

If ever you are in this situation, the best thing that you can do is consult a solicitor who will clearly explain your rights to you. He will also guide you on the steps that you will have to take inline with processing your work accident claim. You will need to show some documents though such as medical records and certain receipts. If your company has a general practitioner, let him take a look at you as well to treat your injuries and assess your condition. Keep your pay slips too because you will also get paid for your lost earnings.

In every workplace, the employer has the duty to protect each and every one of his employees while they are doing work. For this reason, he should ensure that the work areas and the equipments in the workplace promote safety. He should also provide proper training for his employees before making them operate any of those equipments.

Accidents happen for reasons. Everyone should be aware of these reasons so that such occurrence will be avoided. The most common accidents in the workplace happen when there aren't enough safety measures done. Most of the time, there is disorderliness in the area. There might be waists that were not yet discarded and packaging materials that were not properly stored. The company should make it sure that everything is in order and every area is clean to avoid the occurrence of accidents.

An appropriate guard should also be assigned over the workplace machinery. This is needed to ensure that actions will be taken immediately if one of them fails. The company should also ensure that its machinery will be maintained regularly. Defective equipments should be dealt with accordingly; either they should be repaired or disposed. There should also be regular inspection done to ensure that there are no leaks anywhere. Leaks can cause slips that result to getting people injured.

Every company should have an accident book where instances of accidents are recorded. If you had met an accident in the workplace, you should have it recorded in that book or ask someone to coordinate with the person who is in charge of that book.

As much as possible, take pictures or snap shots of the accident area. Indicate the date and time when it was taken. Gather your witnesses as well and get their statements.

Labor Law - Know Your Employee Rights in the Workplace

Labor law allows employees to have legal rights in the workplace. If you have any kind of dispute with your current or previous employer you want to find a good attorney that specializes in this type of law. You may have an issue with getting paid a commission from an employer and finding a lawyer that can help you is your best option. Maybe you are having a problem with another employee and need to have some legal advice your best bet is to talk to a labor attorney. It is important that you find someone that specializes specifically in helping out employees in the workplace.

You may find an attorney that does any type of law but for you to get your best results you want to find someone who specializes in these types of legal issues. The basic reason labor laws were created so that the employer or in unions cannot have unfair labor practices. This protects you from having any issues with the place you work for or the union that you are a member of. It is good to know that there is somebody who can help you when you have an issue at work. The first thing you need to do is to interview several attorneys and pick the one that fits your needs the best.

Remember if you are having an issue of work you're best off is to find a lawyer who specializes in labor law. There were many lawyers available but finding one that you're comfortable with can help you out the most. You may have to interview several attorneys before you find one that fits your specific needs the best.

Government Introduces Small Business and General Tax Break on Depreciating Assets

In a further attempt to support and stimulate the businesses of Australia, and small businesses in particular, the Federal Government has introduced a temporary "investment allowance" known as the "Small Business and General Business Tax Break".

The original proposed allowance package was amended prior to being approved, with the final version having both an increased amount and scope. The revised allowance provides that for tangible depreciating assets that are acquired between 13 December 2008 and 30 June 2009 small business owners can now claim an additional 10% deduction.

Which assets are eligible for the new "investment allowance"?

Assets that are eligible for the "investment allowance" are any new tangible depreciating assets and also any new expenditure on existing assets that are used in carrying on a business that are considered eligible for a deduction under the core provisions of Division 40 (Capital Allowances) in the ITAA 1997.

Specifically, the deduction is applied to depreciating assets under S.40-30 that already qualify for the capital allowance under Subdivision 40-B, except for intangibles and rights that would otherwise be included by S.40-30(2), (5) and (6).

However, it is important to note that cars will NOT be disqualified from the allowance merely because they use the 12% method.

Additionally, land and trading stock are EXCLUDED from the definition of depreciating assets, and will not qualify for the deduction.

Expenditures above the threshold which are capitalised into an existing asset as a second element of cost will also qualify for the deduction.

How much "allowance" do I get?

The "investment allowance" has different conditions depending on whether the entity is a "small business" or "other business". The general guidelines for each situation are outlined below.

Small Businesses

In order to be eligible to benefit from the "Small Business Tax Break" a small business must have an annual turnover of $2 million a year or less.

Small businesses can claim an additional 30% tax deduction for eligible assets costing $1,000 or more that are acquired between 13 December 2008 and 30 June 2009, and are installed by 30 June 2010.

For eligible assets costing $1,000 or more that are acquired from 1 July 2009 to 31 December 2009 and are installed by 31 December 2010, small businesses can claim an additional 10% deduction.

This deduction is on top of the usual capital allowance deduction claimable for the asset in the taxpayer's income tax return.

Other Businesses

Other businesses are entitled to the same deduction percentage rates for the same defined purchase and installation periods however this only applies to eligible assets costing greater than $10,000.

What are some practical applications of the new "allowance"?

Example 1: A small business that buys and installs a $1,500 computer before 30 June 2009 can claim an additional $450 deduction (i.e., 30%) in its 2008/09 tax return. Example 2: A Landscaping business entered into a binding contact to acquire a new backhoe on 20 May 2009 at an inclusive cost of $50,000.

The backhoe is delivered and ready for use on 20 June 2009 and has an effective life of 8 years.

The business will be entitled to claim the 30% deduction because:

* A backhoe is a depreciating asset for which the business would be entitled to claim a deduction under the core provisions of Subdivision 40-B of the ITAA 1997;

* The asset exceeds the expenditure threshold of $10,000;

* The business started to hold the asset between 13 December 2008 and the end of June 2009; and

* The asset was installed ready for use before the end of June 2010.

The deduction will be 30% of the asset's first element of cost under Subdivision 40-C (i.e., $15,000).

When lodging its 2008/09 income tax the business will be able to claim this deduction in addition to the usual depreciation deduction in respect of the asset.

If the business had delayed this investment until after 30 June 2009 - for example, until September 1 2009 - and had it installed ready for use before the end of December 2010, the 10% rate would apply (meaning it would be able to claim a deduction of $5,000).

The information above is a general overview of the Government's new Small Business and General Business Tax Break. If you have recently purchased for your business, or perhaps you are considering purchasing capital investments in your near future, then you may be eligible for the "investment allowance". For more information on how you can make the most of this Government benefit contact the tax and accounting experts at The Quinn Group on 1300 QUINNS or submit an online inquiry form.

Does Your Deposit Have Insurance Protection?

In light of the current economic crisis in the US and particularly the downfall of renowned financial institution, Lehman Brothers, it is understandable that depositors are somewhat concerned about the safety of their money.

There is a common misconception that some institutions here on Australian shores are safer than others. For example, the four big banks are safer that credit unions or building societies. This is not necessarily the case.

Unlike the United States and Europe, Australia does not currently have any deposit insurance regulations in place. Whilst the Australian financial industry does have an established regulatory body, the Australian Prudential Regulation Authority (APRA), there is currently no legislation that requires our institutions to pay insurance premiums. APRA regulates all Authorised Deposit-taking Institutions (ADIs) such as banks, credit unions and building societies in this country and as a result, if banks do not have insurance, neither do credit unions or similar institutions.

These regulations that exist elsewhere in the world dictate that all ADIs, must pay an insurance premium to a government-backed institution in order to guarantee all, or part, of their savings.

Whilst deposit insurance is not in practice here, there does exist some protection for depositors as under the current law they have first claim to a failed institution's assets.

Both current and former Government parties in Australia have discussed the introduction of deposit insurance legislation but nothing has been introduced to date. Also currently under consideration is the implementation of a facility whereby Government funds would be used to make a payment to depositors of up to $20,000 immediately following the collapse of an institution. This would see any additional amounts able to be claimed once the bank's assets were sold. This facility is intended to provide depositors with some cash upfront as it is understood that they may require cash for day to day living and may not necessarily be able to wait until the wind up is complete, or even longer if the matter ends up going through the courts.

Generally speaking, most Australians are quite unaware of the regulatory structure that operates our banking systems. In light of that, perhaps the most important thing to remember is that with or without the introduction of deposit insurance legislation Australian depositors will continue to see all deposits in any ADI treated equally.

The Accountants and Financial Planners at The Quinn Group are constantly monitoring the financial landscape in order to provide our clients with the most relevant and up to date advice. If have any queries or would like personalised advice for your individual situation contact us by calling 1300 QUINNS or click here to submit an online inquiry.

Employers' Responsibility to Register Apprenticeships

With the apparent skilled labour shortage in the Australian workforce at the moment more small business owners are becoming aware of the benefits of taking on an apprentice.

Taking one or perhaps a number of apprentices into a business is mutually beneficial for all involved parties. The business is provided with a fresh canvas to train and educate into a valuable business asset, and the employee is provided with a unique opportunity to learn skills and techniques that can be applied in both the current position and through the rest of their working life.

It is understandable that one of the main concerns for small business owners when considering taking on an apprentice is related to the amount of administration and paperwork that is required to have an apprentice as part of the business structure.

As apprenticeships are such an integral part of the advancement of our skilled workforce the government has in place various support frameworks to make this process as easy as possible for both employers and employees of Australian Apprenticeships. The figurehead organisation responsible for the overseeing and regulation of Apprenticeship Agreements is the Australian Apprenticeship Centre. Each state or territory has their own local branch of the Centre that can be contacted regarding any aspect of apprentice employment, particularly as there are sometimes different requirements for the different regions.

Perhaps one of the most important things to remember upon initially hiring an apprentice is that it is the employer's responsibility to formalise the registration of the apprenticeship agreement.

Employers have a responsibility to register any apprentices or trainees within 28 days of their employment. Failure to do so can result in breaches of the Workplace Relations Act 1996 as well as any relevant Award regulations that may apply.

If, as with the example below, the employer does not make the relevant organisations aware of the apprenticeship arrangement there can be consequences for those involved, and most importantly the business can suffer financially.

A recent verdict in the Federal Magistrates Court has seen a NSW bricklayer fined $18,000 for failing to register the apprenticeship of his employee.

The bricklayer incorrectly believed that it was the responsibility of the employee, not the employer, to formally register the apprenticeship arrangement.

As no apprenticeship was registered on this occasion the employee is legally entitled to receive adult wages in accordance with the relevant Award. Since the employer had been distributing wages on the provision that the employee was an apprentice this resulted in more than $7000 in entitlements being owed to the employee for the 8 month period that he was employed.

Whilst there are legal issues that do need to be addressed when hiring an apprentice they are not that difficult to apply if known.

If you are an employer or an employee and would like more information regarding your responsibilities in relation to apprenticeships or any other workplace legislation the lawyers at The Quinn Group are able to provide you with personalised advice on the necessary action for your situation. Contact us on 1300 QUINNS or click here to submit an online inquiry form.

Hours of Service Violations

Large trucks, commonly referred to as "semis," are a common component of highway driving in America. These 18-wheeled trucks weigh approximately 30,000 pounds without any cargo, making them an especially intimidating vehicle to cruise alongside. In order to ensure the safety of truck drivers, as well as other driver nearby, state laws restrict the number of hours a truck driver can work and the amount of cargo a truck may transport.

Hours of Service Restrictions

Because truck drivers carry cargo across America, which may take several days, there are restrictions on how many hours a driver can work consecutively and cumulatively so as to prevent driver fatigue. Driver fatigue is a condition that is associated with spending long hours on the road. Driver fatigue reduces attentiveness and awareness; consequently increasing the chances for an accident to occur. Hours of service restrictions mandate that:

• Truck drivers are not permitted to drive more than 11 consecutive hours within a 14-hour period following 10 consecutive hours off-duty.

• Truck drivers are not permitted to drive more than a total of 14 hours in any 24 hour period.

• Truck drivers cannot be on-duty for more than 60 hours in any consecutive 7 day period, or more than 70 hours in any consecutive 8 day period.

If a truck driver violates the hours of service restrictions and an accident occurs, he or she may be held liable for any damages that resulted from their negligence. If a trucking company tolerates or encourages their drivers to violate these hours of service agreements, the entire company may be liable.

Weight Restrictions

In addition to hours of service limitations, truck drivers must also abide by maximum weight restrictions. The Department of Transportation regulates that a vehicle must not exceed 102 inches wide, 13.5 feet in height and 80,000 lbs gross weight; however, individual states have the right to issue temporary oversize and/or overweight permits. Violations of truck size and weight permits are unlawful and dangerous, as it may increase the possibility for an accident to occur.

If you have been involved in an accident with a large truck, and you suspect that the driver was violating the hours of service restrictions or weigh limit restrictions, the driver and the truck company may be liable for your losses. With the help of an experienced truck accident attorney, you may be able to receive compensation for medical bills, lost wages, pain and suffering, property damage, and the wrongful death of a loved one.

Are All Your Workers Correctly Insured Under Workcover?

It is generally known by employers that they must have appropriate levels of Workcover insurance for all of their 'workers'. However, what is not so well understood is the definition of what constitutes a 'worker' for Workcover purposes.

This definition does not appear so clear particularly when it comes to businesses that are employing contractors. For most business dealings and arrangements the hiring of contractors is generally considered as a different employment arrangement than that of standard employee - employer agreements.

In recent times contracting and the employment of contractors, as opposed to employees, has become a lot more common practice across a range of industries of the business community. As a result of the current economic climate businesses are employing more and more contractors as it can prove to be a more cost effective exercise.

Where employers can find themselves in trouble is when it comes to gaining Workcover insurance for all of their 'workers'. Under Section 11 (1) of the Workers Compensation and Rehabilitation Act 2003 a 'worker' is defined as "...a person who works under a contract of service."

Whilst the Act does go on to specify who is and is not considered to be a 'worker' in particular circumstances it can generally be said that contractors who are providing a service to their employer are considered to be 'workers' for Workcover purposes.

Furthermore, Section 48 (1) of the Act outlines every 'worker' must be insured. Every employer must, for each worker employed by the employer, insure and remain insured, that is, be covered to the extent of accident insurance, against injury sustained by the worker for-

(a) the employer's legal liability for compensation; and (b) the employer's legal liability for damages.

As a result, it is important that if your business employs contractors or if you are employed as a contractor yourself, then you should seek advice as to whether you have the necessary Workcover for your situation.

In the unfortunate circumstance that an employee or contractor is injured and the employer does not have the correct level of Workcover insurance this can cause a lot of unnecessary financial and administrative burden for both parties.

Each employment situation is different and the requirements for Workcover insurance of 'workers' may be different for various businesses and business arrangements.

If you are unsure as to what your Workcover insurance obligations are the lawyers at The Quinn Group can certainly advise you on what is legally required for you to have appropriate insurance for your 'workers'. We can also assist you if your business has insufficient insurance and has found to be liable for an accident that involved one of your workers. For more information contact The Quinn Group on 1300 QUINNS or click here to submit an online enquiry.

Tuesday, December 18, 2012

Saturday, December 1, 2012

Sponsor Links