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Quartering Act

Quartering Act

What is the Quartering Act?
The Quartering Act is the name multiple acts during the 18th century enacted by the Parliament of Great Britain. The Quartering Acts were ordered in order to force the local governments in the colonies of America to provide provisions and housing for the British soldiers.  The Quartering acts were amendments made to the Mutiny Act, which was an act that had to be annually renewed by the Parliament of Great Britain. The Quartering act was intended originally as a response to the issues and problems that occurred during Great Britain’s victory in the Seven Years War. The act later became a source of great tension between the governments in London as the citizens of the thirteen colonies in America.
The Quartering Act of 1765
The government of Grenville built up strength through the British troops in the North American colonies at the tail-end of the French and Indian War between 1756-1763 in order to protect the American colonies against the threats that were posed by the remaining Native Americans and Frenchmen.
The commander-in-chief of military forces in Colonial North America, Lieutenant-General Thomas Gage as well as other British officers who were involved or had fought during the French and Indian War, had found it extremely difficult to convince the colonial assemblies to pay the expenses for provisioning and quartering of the troops who on the march. Because of this, Gage asked Great Britain’s Parliament to assist in the situation. Many colonies had supplied provisions to the troops during the war, but the question of doing so was heavily disputed during the peacetime.
In March 1765, Great Britain’s Parliament passed the first Quartering Act in order to address the applied anxieties of this troop deployment. Under the provisions of this legislation, each colonial government was told to provide for the basic requirements of a soldier who was stationed within the borders of the colony. Specified items dictated in the legislation included cooking utensils, firewood, bedding, cider or beer, and candles. The Quartering Act was later expanded in 1766 and then required the various assemblies of the colonies to place these soldiers in unoccupied houses and taverns.
The Quartering Act of 1765 went much further beyond the requests of Gage. The North American colonies questioned and disputed the legality of the Quartering Act because it seemed to go against the Bill of Rights of 1689, which denied taxation without a form of representation as well as the raising or maintaining of a standing army without having the Parliament’s consent. No standing army had been previously kept in the colonies prior to the French and Indian War, so the colony assemblies questioned why a standing army was necessary after the defeat of the French.
The motivations of the British for enforcing this Quartering Act were mixed. Many officials were truly and legitimately worried about protecting the American colonies from potential attacks and considered the Quartering Act a logical means to keep the colonies safe. However, other motivations for the Quartering act included the wish to cut down on costs to maintain the soldiers. If the colonies had to be protected, some felt that this protection should come at a cost to the colonies.
More specifically, the British ministry was worried about being faced with the prospect of having to bring home the veterans of the French and Indian War and providing these soldiers with pensions and pay. If the soldiers did not return to Great Britain and instead stayed in service in the American colonies, the colony assemblies could then pay for their services while sparing the English public from additional tax burdens.
During the Stamp Act unrest that went from of 1765 to early 1766, there were an increasing amount of soldiers who were stationed in or around American colony cities. Many of those soldiers were new units who were brought from England. There were also some that were transferred to the colonies from from western posts, a strategic move that allowed the Indians to recover some of the offensive on certain portions of the American frontier.
The reaction of the colonists to the Quartering act was mainly negative and was based on different issues. 
The first was the traditional fear of the presence of standing armies. The colonists typically preferred to rely on the colony’s militia units instead of formal armies. Militiamen could be quickly called for their service during a specific crisis, and then be disbanded after the fighting was finished.
The second issue was the cost to the colonists. The price of the expenses for supporting an army was a very big deal for all of the colonial assemblies. When an attack by a foreign power seemed imminent in the past, the colonial assemblies typically responded by providing the necessary appropriations. However, during the mid-1760s, the majority of colonists no longer felt any fear against the French. Many colonists had decided that the soldiers stationed in the colonies were present for the sake of ensuring colonial American compliance with the unpopular programs which were drafted in England.
The resistance from the colonies to the Quartering Act was specifically the strongest in the colony of New York. In January 1766, the New York assembly refused to fund the complete amount that was requested by the Crown of Great Britain. The New York colonists reasoned that it was not fair on the part of Great Britain to expect New York to pay the full cost of the growing army of Thomas Gage. There was much bickering between the British officials and the assembly which continued into the fall, which at that point the legislature of New York decided by a vote to not fund the British Army at all.
In October of 1767, the assembly of New York was suspended until the need of the soldiers were completely funded. This crisis with the assembly later passed, but an incredible amount of bitterness and anger remained, making many colonists extremely suspicious about the intentions of the British empire.
The Quartering Act of 1765
A second additional Quartering Act was passed on June 2, 1774 by the Parliament of Great Britain, as part of a series of laws that later came to be known by the Colonists as the Intolerable Acts. The second Quartering Act as well as the other intolerable acts were created by Great Britain as a way to restore Great Britain’s imperial control over the colonies in North America. While many of the acts found in the Intolerable Acts specifically dealt with the Massachusetts Bay Province, the revised Quartering Act of 1774 applied to all of the American colonies.
In the previous Quartering Act, the North American colonies had been required by the legislation to provide housing and other necessities for soldiers. However, the colonial legislatures had been very uncooperative in following these policies. The amended Quartering Act, like the Quartering act, allowed a governor of the colony to house the British soldiers in other buildings in the colony if suitable quarters could not be provided.  However, the newer Act did not contain a provision that was found in the previous version of the Act which stated that soldiers should be provided with necessary provisions. This updated Quartering Act expired on March 24 of the year after.
The colonists rejected this Act and the use of the private property of the Colony being used without their consent. However, out of all the different Intolerable Acts, the Quartering Act was the one that generated the least amount of dissent.

Sunshine Act Text

Sunshine Act Text

 
 
Full text of the Physician Payments Sunshine Act
 
 
S.2029 — Physician Payments Sunshine Act of 2007 (Introduced in Senate – IS)
 
S 2029 IS 110th CONGRESS
1st Session
 
 
S. 2029
To amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP.
 
 
IN THE SENATE OF THE UNITED STATES
September 6, 2007
 
 
Mr. GRASSLEY (for himself, Mr. KOHL, Mr. KENNEDY, Mrs. MCCASKILL, Mr. SCHUMER, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Finance
 
 
A BILL
To amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP.
 
 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
 
 
SECTION 1. SHORT TITLE.
 
 
This Act may be cited as the `Physician Payments Sunshine Act of 2007'.
SEC. 2. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP.
 
 
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128F the following new section:
 
 
`SEC. 1128G. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP.
 
 
`(a) Reporting of Payments or Other Transfer of Value- On January 1, 2008, and the first day of each fiscal year quarter beginning thereafter, each manufacturer of a covered drug, device, or medical supply who provides a payment or other transfer of value, directly, indirectly, or through an agent, subsidiary, or other third party, to a physician, or to an entity that a physician is employed by, has tenure with, or has an ownership interest in, shall submit to the Secretary, in such electronic form as the Secretary shall require, the following:
 
 
`(1) The name of the physician, and if a payment or other transfer of value was provided to an entity that the physician is employed by, has tenure with, or has an ownership interest in, the entity.
 
 
`(2) The address of–
 
 
`(A) the physician's office; and
 
 
`(B) in the case of an entity required to be named under paragraph (1), the primary place of business or headquarters for the entity.
 
 
`(3) The facility with which the physician is affiliated, if any.
 
 
`(4) The value of the payment or other transfer of value.
 
 
`(5) The date on which the payment or other transfer of value was provided.
 
 
`(6) A description of the nature of the payment or other transfer of value, indicated (as appropriate for all that apply) as–
 
 
`(A) compensation;
 
 
`(B) food, entertainment, or gifts;
 
 
`(C) trips or travel;
 
 
`(D) a product or other item provided for less than market value;
 
 
`(E) participation in a medical conference, continuing medical education, or other educational or informational program or seminar, provision of materials related to such a conference or educational or informational program or seminar, or remuneration for promoting or participating in such a conference or educational or informational program or seminar;
 
 
`(F) product rebates or discounts;
 
 
`(G) consulting fees or honoraria; or
 
 
`(H) any other economic benefit, as defined by the Secretary.
 
 
`(7) The medical issue or condition addressed, if any, that was the basis for the payment or transfer.
 
 
`(b) Annual Summary Report- Each manufacturer of a covered drug, device, or medical supply that is required to submit information under subsection (a) during a year shall submit a report to the Secretary not later than December 31 of the year that summarizes, in such electronic form as the Secretary shall specify, each submission of information under subsection (a) made by the manufacturer during the year.
 
 
`(c) Penalty for Noncompliance- Any manufacturer of a covered drug, device, or medical supply that fails to submit information required under subsection (a) or (b) in accordance with regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each such failure. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section.
 
 
`(d) Public Availability- Not later than June 1, 2008, the Secretary shall establish procedures to ensure that the information reported under subsection (a) and the summary reports submitted under subsection (b) are readily accessible to the public through an Internet website that is easily searchable, downloadable, and understandable.
 
 
`(e) Report to Congress- Not later than April 1 of each year beginning with 2009, the Secretary shall submit to Congress a report that includes the following:
 
 
`(1) The information submitted under subsections (a) and (b) during the preceding year, aggregated for each manufacturer of a covered drug, device, or medical supply that submitted such information during such year.
 
 
`(2) A description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (c), during the preceding year.
 
 
`(f) Definitions- In this section:
 
 
`(1) COVERED DRUG, DEVICE, OR MEDICAL SUPPLY- The term `covered drug, device, or medical supply' means any drug, biological product, device, or medical supply for which payment is available under title XVIII or a State plan under title XIX or XXI (or a waiver of such a plan).
 
 
`(2) MANUFACTURER OF A COVERED DRUG, DEVICE, OR MEDICAL SUPPLY- The term `manufacturer of a covered drug, device, or medical supply' means any entity with annual gross revenues that exceed $100,000,000, which is engaged in–
 
 
`(A) the production, preparation, propagation, compounding, conversion, or processing of a covered drug, device, or medical supply; or
 
 
`(B) the packaging, repackaging, labeling, relabeling, or distribution of a covered drug, device, or medical supply.
 
 
`(3) PAYMENT OR OTHER TRANSFER OF VALUE-
 
 
`(A) IN GENERAL- The term `payment or other transfer of value' means a transfer of anything of value that exceeds $25, and includes any compensation, gift, honorarium, speaking fee, consulting fee, travel, discount, cash rebate, or services.
 
 
`(B) EXCLUSIONS- Such term does not include the following:
 
 
`(i) Product samples that are intended for patients.
 
 
`(ii) A payment or other transfer of value made for the general funding of a clinical trial.
 
 
`(iii) A transfer of anything of value to a physician when the physician is a patient and not acting in his or her professional capacity.
 
 
`(4) PHYSICIAN- The term `physician' has the meaning given that term in section 1861(r).'.
 
 

Minimum Wage in New Jersey

Minimum Wage in New Jersey

 
 
What are Minimum Wage Laws?
 
 
Minimum wage refers to the lowest hourly, daily or monthly pay that an employer must legally provide to their workers. Simply put, minimum wage laws set a figure for the lowest wage which workers may sell their labor. Although these laws are practiced in the majority of jurisdictions, differences of opinions exist regarding the positives and negatives of minimum wage laws. 
 
 
What is the Minimum Wage in NJ?
 
 
The minimum wage in New Jersey is currently set at $7.25 per hour for the taxable year of 2012. Minimum wage in NJ is based on a 40 hour work week. The minimum wage in New Jersey is set at the Federal Minimum Wage Level—the United States Federal Government established the minimum wage for 2012 at $7.25; states may institute their own minimum wage above this level but may not go below it. Minimum wage in NJ us currently uniform to the federal level. 
 
 
The New Jersey Minimum Wage is elastic with the federal minimum wage; when the federal minimum wage raises the New Jersey Minimum wage also raises. Unlike other states, agricultural and seasonal workers are not exempt from the Minimum wage in New Jersey. 
 
 
According to minimum wages in New Jersey, college students may be paid as little as 85% of the New Jersey minimum wage. Moreover, select occupations held by individuals under the age of 18 are completely exempt from Minimum wage in New Jersey laws. Also, employees at religious summer camps, retreats or nonprofit organizations are exempt from minimum wage in New Jersey between the months of June and September. 
 
 
A New Jersey employer is not permitted to pay any of their employees under $7.25 per hour unless they are specifically exempt from the minimum wage laws instituted by the state or federal government. Moreover, minimum wage in NJ law states that all New Jersey employers must openly display an official New Jersey minimum wage poster in a viewable or prominent place within their place of business to inform employees about the minimum wage and their employee rights under New Jersey labor law. 
 
 
Minimum Wage in New Jersey for 2013:
 
 
Currently, New Jersey legislators are attempting to pass a bill that would effectively raise the minimum wage in New Jersey to $8.50 an hour for the 2013 calendar year. The bill has already won a legislative panel’s approval and is being pushed as a priority by Democrats who control both houses. The bill is currently waiting to be heard in the Senate. The bill—which changes minimum wage in NJ–requires passage by both chambers and must be signed by the governor to become an official law. The state of New Jersey is currently home to approximately 30,000 minimum wage workers.
The proposal for an alteration in minimum wage in NJ laws also asks for automatic annual adjustments linked to the CPI (Consumer Price Index). Supporters of the bill claims that a relationship with the CPI will effectively bolster low earner’s purchasing power in the upcoming years moreso than simply raising the minimum wage in New Jersey periodically. 
 
 

Virginia Disability Benefits

Virginia Disability Benefits

 
 
Virginia Disability Laws: Overview and Decision Criteria
 
 
The Disability Determination Services is an agency within the state’s Department of Rehabilitative Services responsible for processing disability claims for benefits under the Supplemental Security Income Disability and the Social Security Disability Insurance Programs. Based primarily on federal law and regulations, Virginia disability laws aim to promote accurate and prompt decisions regarding disability payments. Ultimately these determinations are derived from the following:
 
Medical and Psychological Evidence
 
Medical Criteria
 
Consultative Evaluation
 
Continuing Disability Review
 
Vocational Criteria
 
 
Disability Determination Services of Virginia is responsible for processing claims for benefits under the Supplemental Security Income Disability and the Social Security Disability Insurance Programs. As a division within the Virginia Department of Rehabilitative Services, the state’s Disability Determination Services works in tandem with the Federal Social Security Administration to follow federal regulations when rendering said decisions. For information regarding social security benefits please visit here.
 
 
The mission of the DDS—by utilizing VA disability law– is to make accurate and quick decisions regarding disability claims as they pertain to Supplemental Security Income and Disability Insurance Benefits programs. 
 
 
Virginia Disability Laws: What is the Disability Insurance Benefits Program?
 
 
As an integral part of Virginia disability laws, the Disability Insurance Benefits Program requires a disabled person in Virginia to have worked for a significant period of time within a job covered by Social Security. Starting at the age of 18—according to VA disability laws–a dependent, adult child of a retired worker who is disabled or deceased may be eligible for compensation if the child became disabled before the age of 22. Disability benefits—according to Virginia disability laws—may also be delivered to widows, widowers or surviving divorced spouses of insured workers. There forms of disability payments are funded primarily through the Social Security Trust Fund
 
 
Virginia Disability Law: What is the Supplemental Security Income Program?
 
 
The Supplemental Security Income Program—a fundamental program of VA disability law–is a federally funded program based purely on financial need—this agency does not make it necessary for Virginia residents with disability to have received benefits from Social Security. Basic medical criteria—according to VA disability law– regarding eligibility are uniform for both the Supplemental Security Income Program and the Disability Insurance Benefits Program. Recipients of compensation under both these programs may also be ruled eligible—based on Virginia Disability law—for Medicare or Medicaid benefits. 
 
 
VA Disability Law: Treating Physicians
 
 
According to Virginia Disability laws, medical information outlining a patient’s mental and/or physical status must be requested from the treating physician. Federal legislation emphasizes the need for medical evidence from the patient’s own psychologist or physician. Without this information—according to VA disability law—the patient would not be eligible to receive disability compensation
 
 
Virginia Disability Law: Consultative Evaluations
 
 
When a decision cannot be rendered based on evidence from treating sources, the Disability Determination Services Administration will authorize a consultative evaluation. The Disability Determination Services—based on VA disability law–will supply these services according to a fee schedule established by a Medical Advisory committee. The patient’s treating sources—based on VA disability law–will provide the consultative examination if special qualifications and equipment is required.
 
 
Virginia Disability Law: How is Disability Determined?
 
 
To determine disability amounts—along with who is entitled to disability—a team comprised of clinical psychologists and staff doctors—as well as a trained analyst—will render a decision at one of four DDS regional offices throughout the state of Virginia. Applications under VA disability law for Social Security Disability Insurance disability benefits may be completed online. (under the ‘Apply for Benefits’ section). To apply for Supplemental Security Income for a child or adult, please contact the SSA’s toll-free number at 1-800-772-1213. 
To be eligible for compensation under Virginia disability laws, the individual must meet the federal regulations for disability. Benefits are delivered if the applicant’s mental and/or physical status fulfills requirements in the listed criteria or is ruled to be of equivalent severity to those listed. 
 
 
Listed below are the Virginia DDS Locations:
 
Disability Determination Services
 
Administrative Office P.O. Box K-300 
 
Richmond, Virginia 23288
 
804-662-7622 
 
 
Disability Determination Services
 
Northern Regional Office 
 
11150 Main Street
 
Suite 200 
 
Fairfax, Virginia 22030
 
800-379-9548 
 
 
Disability Determination Services
 
Southwest Regional Office
 
111 Franklin Road, SE
 
Suite 250 
 
Roanoke, Virginia 24011
 
800-627-1288 
 
 
Disability Determination Services
 
Central Regional Office
 
5211 W. Broad Street
 
Suite 200
 
Richmond, Virginia 23230
 
800-523-5007 
 
 
Disability Determination Services
 
Tidewater Regional Office
 
5700 Thurston Avenue
 
Suite 107 
 
Virginia Beach, Virginia 23455
 
800-379-4403
 
 

Utah Disability Benefits

Utah Disability Benefits

 

Valuable Information about Utah Disability Coverage

Utah Disability Insurance

The majority of claims for Utah disabilities get processed through federal social security, and this article will discuss procedures an injured worker can take to file for SSDI or SSI.  For more information on federal social security through the state of Utah, visit the following website

The majority of this article will cover common Utah disability schemes, different types of disability in Utah, and the general process to file for disability.  

Common Types of Fraud involving Utah Disabilities 

Within every state, there are generally three types of common fraud.  These common types of fraud schemes in Utah disabilities are listed below: 

1. Faking an injury or illness- This is the most common type of fraud.  It is easy to fake an injury or illness, and even with the help of professional medical testimony, the fact that a worker might be faking an injury is often hard to detect. 

2. Working while on disability- In Utah, many people are caught working while still receiving Utah disability. They may work under the table or even do the same job they were doing before, and although a person may work while receiving payments, they can’t work more than a specified amount of hours or outside of a specified job. 

3. Collecting disability after healed- this type of fraud is normally easily detectable, but many people will try to receive payments after they have been cleared.  

Types of Utah Disabilities Benefits

Generally, there two types of benefits offered to citizens in the state of Utah under federal social security.  An employer may carry workers’ compensation insurance to cover an employee’s disability, but employees are still entitled to the following benefits under social security in most cases:

1. Social Security Disability Insurance- In order to receive this Utah disability benefit, you must sustain an injury that may inhibit you or greatly reduce the amount of hours you can work in a whole year.  You will receive monthly payments that are contingent on your prior salary and work history.  If your Utah disability benefits are more than $25,000 a year, you will have to pay federal income taxes on these payments.  

2. Supplemental Security Income- a person can also receive SSI benefits along with SSDI benefits.  In order to receive these Utah disabilities benefits, the party must fall below federal poverty levels, and they will be able to receive help with food stamps, transportation, housecleaning, and other programs as well.

How do I Apply for Utah Disabilities Benefits?

In order to file for Utah disability, you’ll have to locate the local social security office in your part of the state.  You can find a local office with the link provided.

After you are sure you qualify for adult Utah disabilities insurance, you can fill out the online Disability Benefit Application and online Disability Report.  You’ll also have to fill out the Authorization to Disclose Information to the Social Security Administration form and take or mail the completed form to your local social security office.  

All of the forms for Utah disabilities listed in this section can be found at the following link

 

Minimum Wage in Kansas

Minimum Wage in Kansas

 
 
Kansas Minimum Wages Laws
 
 
Minimum Wages in Kansas
 
 
After January 1, 2010, the minimum wage in Kansas increased to match the federal minimum wage, which is $7.25 per hour.  However, Kansas does not acknowledge a significant percentage of laws under the Fair Labor Standards Act, and some important laws on minimum wages in Kansas are noted in this article.  You will also find information on filing a wage claim for unpaid minimum wage in Kansas.  
 
 
Important Laws on Minimum Wage in Kansas
 
 
All of the laws listed within the following section do not apply to employees under the FLSA.  
 
 
§44-1203: Same; minimum wage; computation; applicability of section
 
 
This section of law provides the drastic difference in minimum wages in Kansas before and after January 1, 2010.  Before 2010, an employer only had to pay an employee $2.65 per hour—the lowest in the entire nation.  
 
 
Now that the minimum wage in Kansas has changed, the following subsections also apply: 
 
 
When an employer calculates minimum wage, they may factor in tips and gratuities if the payments made of a significant percentage of their income.  Minimum wages in Kansas for tipped employees must be at least $2.13 per hour.  
 
 
If the total income is equal to or more than $7.25 per hour, the employer is not required to make additional payments
 
 
If the total income is less than $7.25 per hour at the end of a pay period, the employer must compensate the employee for the difference
 
 
What is the overtime minimum wage in Kansas?
 
 
Unlike the Fair Labor Standards Act, an employee must work more than 46 hours to start receiving overtime pay.  If the employee exceeds hours past normal pay, minimum wages in Kansas must be at least $10.88.  
 
 
If you believe your employer has failed to pay you the proper amount, you should discuss the matter with the employer first.  If your employer refuses to make necessary payments, you may file a wage claim and the Director of the Department of Labor may investigate the issue.
 
 
How long does an employer have to keep payment records?
 
 
According to §44-1209 of the Kansas statutes, every employer “shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by each such employee and such other information…”
 
 
If any employer fails to keep records or falsifies such documents, they may receive a fine up to $1,000.  
 
 
Filing a Wage Claim for Minimum Wages in Kansas
 
 
If you believe your employer has failed to pay the proper minimum wage in Kansas, you can file a wage claim by completing the form link
 
 
You’ll have to send the form to 401 SW Topeka Boulevard, Topeka, KS 66603, and you call (785) 296-4062 if you have any questions about the form. 
 
 

Minimum Wage in Nevada

Minimum Wage in Nevada

 
 
Quick Guide to Minimum Wage in NV 
 
 
Minimum Wage in Nevada
 
 
There are multiple state and federal laws that apply to employees and minimum wages in Nevada.  This article will discuss the different minimum wages in Nevada according to state statutes and information under the state’s Labor Commission.  For more information about minimum wages in Nevada and procedure.
 
 
What is the Current Minimum Wage in Nevada?
 
 
The current minimum wage in Nevada is $7.25 for employees offered benefits and $8.25 for employees with no benefits.  The minimum wage in NV for tipped employees is the same as the minimum wage for non-tipped employees.  Minimum wage in Nevada for tipped employees is one of the only wages and states that offers the same rates for tipped and non-tipped employees.  
 
 
What is the overtime minimum wage in NV?
 
 
If an employee has worked more than 8 hours during a workday or 40 hours during the workweek, an employer must pay an overtime minimum wage in NV of $10.88 if the employee receives benefits.  If the employee does not receive benefits, the overtime minimum wage in NV is $12.38.
 
 
What Employees are Exempt from Laws for Minimum Wages in Nevada?
 
 
Certain employees are exempt from being paid minimum wage in NV.  NRS 608.250 of the state statutes minimum wage in Nevada provides exemptions for certain employees, and these exemptions are listed below.  An employer may still choose to pay such employees minimum wage in NV:
 
 
babysitters 
 
 
taxicab and/or limousine drivers
 
 
outside salespersons (earnings are based on commissions)
 
 
employees engaged in an agricultural pursuit for an employer who did not use more than 500 days of agricultural labor in any calendar quarter of the preceding calendar year
 
 
domestic service employee whom resides in the household where he/she works
 
 
person with severe disabilities whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation Division of the Department of Employment, Training and Rehabilitation
 
 
If you believe an employer has paid you an unfair minimum wage in NV, employees are first encouraged to try and settle the dispute with their employer.  If the dispute over minimum wages in Nevada is not resolved, refer to the following section.  
 
 
Wage Claims for Unfair Minimum Wage in Nevada
 
 
According to NRS 608.260, an employee who has been paid an unfair minimum wage in Nevada can bring a civil action against the employer within 2 years.  If the claim for minimum wages in Nevada is not filed within 2 years, an employee cannot claim minimum wages.  
 
 
If an employer has violated laws for minimum wages in Nevada, they can receive a misdemeanor.  Additionally, NRS 608.290 states that an employer can receive a fine up to $5,000 for each violation of minimum wage in Nevada.  
 
 

New Jersey Disability Benefits

New Jersey Disability Benefits

 
New Jersey Disability Programs:
 
 
The New Jersey Department of Human Services works with consumers, families, advocacy groups, state and municipal officials and service providers throughout the state to guarantee that the rights of the disabled in New Jersey are safeguarded and that they and their families are provided access to quality services and programs that meet their immediate and long-term needs. The New Jersey Department of Human Services, in a general sense, imposes and enforces NJ Disability Laws. 
 
 
New Jersey Disability programs provide the following services: the provision of health care for individuals with disabilities and special needs, employment-related and day programs, community living, community-based mental health and patient care for both adults and children with behavioral and emotional problems, and the delivery of assistive technological devices for individuals who are deaf or blind. Services for the disabled are accessed through the following NJ Disability Departments:
 
 
NJ Disability Programs: The Catastrophic Illness in Children Relief Fund
 
 
This New Jersey Disability program provides eligible families with financial assistance for incurred medical expenses for their children that exceed 10% of the first $100,000 of their shared income plus 15% of any income in excess of 100 grand. 
 
 
The commission for the Blind and Visually Impaired
 
 
The Division of the Deaf and Hard of hearing
 
 
The Division of Developmental Disabilities
 
 
The Division of Disability Services
 
 
The Division of Medical Assistance and Health Services:
 
 
Good Neighbors, Community Living for People with Disabilities
 
 
Eligibility Requirements for NJ Disability Benefits:
 
 
NJ Disability Wage Requirements: NJ disability law states that an individual applying for New Jersey disability benefits must meet state-established wage requirements to be eligible for temporary assistance. In order to file a valid claim for New Jersey Disability, you must have received at least 20 calendar weeks in covered New Jersey employment in which you earned a minimum of $145 per period or a cumulative total of $7,300 in such employment during the base period. 
 
 
Limitation of Benefits: In addition to medical and wage requirements, an applicant for New Jersey disability benefits must meet the eligibility criteria. The following are some reasons why a person would be REJECTED from receiving New Jersey disability benefits:
 
 
Each New Jersey disability claim is reviewed to see if the applicant meets eligibility criteria. An applicant would be denied New Jersey disability benefits if the disability does not exceed seven days in length; the first seven consecutive days of each period of disability is regarded as the waiting week. This week is payable when disability benefits are paid for all or part of each of the three weeks immediately following this waiting period
 
 
NJ disability law declares that the applicant would be rejected if they already received 26 weeks of benefits for this particular period of disability. The maximum number of weeks allowable for New Jersey disability for any one period is 26
 
 
NJ disability law declares that the applicant would not receive New Jersey disability benefits if the disability resulted from participation in a criminal act or the disability was self-inflicted
 
 
NJ disability law states that the applicant will be rejected if they were discharged by their most recent employer for gross misconduct connected with the employment because of a commission of an act regarded—and subsequently punishable—as a crime under NJ disability law
 
 
NJ disability law states that applicants who are not under a current medical care plan are not eligible for New Jersey disability benefits. All applicants for New Jersey disability benefits must be under the care of a legally licensed optometrist, dentist, and physician, practicing psychologist, podiatrist, certified nurse, chiropractor or advanced practice nurse. 
 
 
Non-Duplication of Benefits: 
 
 
Under New Jersey Disability law it is impermissible to receive benefits for the same period and same disability from multiple divisions or chapters. New Jersey disability law prohibits the delivery of disability benefits if:
 
 
For any time during which benefits are being paid or under and disability or cash sickness benefit or similar law of the state or Federal government. 
 
 
For any time period during which workers’ compensation benefits are paid to the individual other than for permanent total disability had previously incurred
 
 
Temporary New Jersey disability benefits are reduced by the amount paid under any private retirement or government plan. Social Security Retirement Benefits will not reduce State Plan temporary disability benefits. 
 
 
Applying for New Jersey Benefits:
 
 
How to Apply for New Jersey Benefits:
 
 
Disability benefits are designed to be delivered via mail. You must submit your claim for New Jersey disability benefits by mailing the application (Form DS-1) to the Disability Insurance Office in Trenton. 
 
 
NJ disability declares that Form DS-1 may be procured from the State of New Jersey’s Department of Labor and Workforce Development (located here) or by telephoning or writing your employer, your union or the Division of Temporary Disability Insurance. The address for the this office is: PO Box 387 Trenton, New Jersey 08625-0387 and they may be reached via telephone at (609)-292-7060. 
 
 
The application for NJ disability benefits consists of three segments: these segments must be completed by you, your treating physician and your most recent employer. The NJ disability claim must be mailed to the Disability Insurance Office in Trenton within 30 days of the onset of your condition. If the claim is submitted beyond this point, you must provide a written explanation as to why the delivery was delayed. Remember to include your Social Security number and name on all forms and correspondence.
 
 
Work Related Disabilities:
 
 
If you endure a work-related disability and your employer’s workers’ compensation provider does not supply you with benefits or stops paying your workers’ compensation benefits, you may qualify for NJ disability benefits.  
 
 
NJ disability law declares that, work related disabilities are not compensable according to the state’s Temporary Disability Benefits Law. NJ disability law states that these forms of disabilities are solely covered by Workers’ Compensation Law. Therefore, if your disability is work related, you must contact your employer and file a workers’ compensation claim with their respective workers’ compensation insurance carrier. 
 
 
That being said, if your disability is work related but your employer’s workers’ compensation carrier rejects your request for benefits, you are permitted to file a claim with the New Jersey Division of Temporary Disability Insurance. To be ruled eligible for temporary disability benefits, you must satisfy all of the Temporary Disability Benefits provisions, file a claim with the Division of Workers’ Compensation and agree to reimburse the Division of Temporary Disability Insurance if you are provided with Workers’ compensation benefits. 
 
 
The majority of claimants opt to consult with a legal specialist when filing a petition for work related disability benefits. If you require addition information regarding the filing of a workers’ compensation claim petition, it is suggested that you contact the New Jersey Division of Workers’ Compensation located here.
 
 

Minimum Wage in Connecticut

Minimum Wage in Connecticut

 

Quick Guide to Minimum Wage in Connecticut

Minimum Wage in Connecticut

The current minimum wage in Connecticut is $8.25 per hour—one of the highest in the nation—and there are multiple state and federal laws that adjust the wage according to qualifications of the employee.  This article will discuss the different minimum wages in Connecticut, laws that address the minimum wage, and steps to take for filing a wage claim against an employer.  

Minimum Wages in Connecticut for Service Employees

The pay rates for servers and bartenders are different in the state of CT.  The minimum wage in Connecticut for a server is $5.69 and there is a 31% tip deduction.  A bartender will receive a minimum wage of $7.34 and have an 11% tip deduction.  For more information on these minimum wages in Connecticut, visit Section 31-60 of the state’s General Statutes.  

Laws that Address Minimum Wages in Connecticut

There are multiple laws under Section 31 of the General Statutes that address exemptions, varying rates, and more.  Some important laws are discussed below, but for a complete list of laws on minimum wage in Connecticut, visit the following link.

Section 31-58a Minimum wage for minors in government or agricultural employment

This law indicates that employee between the ages of 16 and 18 who work for a state or political subdivision can be paid 85% of the establish minimum wage.  Additionally, workers between the ages of 14 and 18 who worked for an employer who employed 7 or less employees can receive 75% of the establish minimum wage in Connecticut.  

Section 31-65 Modification of orders

This law states the following about the Commissioner and minimum wages in Connecticut: 

“The commissioner may, from time to time, propose such modification of or additions to any administrative regulations included in any order of the commissioner, without reference to a wage board, as he or she deems appropriate to effectuate the purposes of this part, provided such proposed modifications or additions could legally have been included in the original order…”

If the Commissioner does decide to modify regulated wages, he or she must give notice at a public hearing no less than 15 days after the publication where oppositions and modifications may be heard. 

Although Connecticut has one of the highest minimum wages in the United States, the amounts can change from year to year.  The minimum wage is projected to stay the same throughout 2013, but again, a Commissioner can make modifications whenever they feel necessary.  

Filing a Wage Claim

If you believe your employer has violated laws for minimum wage in Connecticut, you’ll have to file a wage complaint with the Wage and Workplace Standards Division.  In order to obtain the proper form for the wage claim against unlawful minimum wages in Connecticut, you can visit the following website

Make sure you follow all instructions on this website as well.  These instructions are extremely important, and you can call the Wage and Workplace Standards Division at (860) 263-6790 if you need help completing the forms.  

 

Minimum Wage in North Carolina

Minimum Wage in North Carolina

 

Quick Guide to Minimum Wage in North Carolina 

Minimum Wage in North Carolina

There are multiple state and federal laws that apply differently to certain employers in the state.  This article will discuss the different minimum wages in North Carolina, as well as specific information on North Carolina General Statutes and procedures for filing a claim against an employer.  

What is the Minimum Wage in North Carolina?

G.S. 95-25.3 Minimum Wage discusses the different minimum wages in North Carolina: 

(a) This section was repealed in 2006 and changed the minimum wage from $6.15 per hour to $7.25 per hour in 2009.  All other sections below apply to current minimum wages in North Carolina.

(b) The wage rate for full-time student, learners, apprentices, and messengers, hall be 90 percent of the current minimum wage and rounded to the lowest nickel 

(c) The Commissioner may at any time establish a wage rate less than the minimum wage in North Carolina for people with impaired production capacity or who are impaired by age, physical or mental deficiency or injury 

(d) The Commissioner may establish a wage rate of 85% of the current minimum wage in North Carolina for those who have been unemployed for at least 15 weeks, are receiving Work First Family Assistance, or who are receiving benefits under Title XVI of the Social Security Act

(e) The Commissioner may establish at any time minimum wages in North Carolina at 85% of the normal minimum wage for those who are employed for seasonal amusement, by a recreational establishment, or a food service establishment

(f) Tipped employees minimum wage in North Carolina shall be a cash wage of $2.13 and a tip credit of $5.12.  This statute also states than a tipped employee can keep all of their tips if notified in advance by the employer who maintains complete and accurate records.  If there is tip pooling, no employees tips may be reduced by more than 15%.  

Statute 95-25.7A Wages in dispute is also a very important statute for employees.  The statute states the following about claiming minimum wages in North Carolina: 

“If the amount of wages is in dispute, the employer shall pay the wage, or that part of the wages, which the employer concedes to be due without condition, within the time set by this Article.” 

Section (b) extends the employee’s rights and states that acceptance of partial payment for wages does not constitute a release of the balance in the claim.  

How do I file a Wage Claim?

If you believe you have been denied minimum wages in North Carolina, you can file a claim with the North Carolina Department of Labor.  If you want to file a claim for the minimum wage in North Carolina, the wage payment must be more than $50 and you must wait 10 days if the wages were on your last paycheck.  Call (919) 807-2796 to file a claim.