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Quartering Act Text

Quartering Act Text

Text of the Quartering Acts
 
 
The Quartering Act of 1765
 
 
March 24, 1765
 
 
AN ACT to amend and render more effectual, in his Majesty's dominions in America, an act passed in this present session of parliament, intituled, An act for punishing mutiny and desertion, and for the better payment of the army and their quarters.
 
 
WHEREAS … [by the Mutiny Act of 1765] … several regulations are made and enacted for the better government of the army, and their observing strict discipline, and for providing quarters for the army, and carriages on marches and other necessary occasions, and inflicting penalties on offenders against the same act, and for many other good purposes therein mentioned; but the same may not be sufficient for the forces that may be employed in his Majesty's dominions in America: and whereas, during the continuance of the said act, there may be occasion for marching and quartering of regiments and companies of his Majesty's forces in several parts of his Majesty's dominions in America: and whereas the publick houses and barracks, in his Majesty's dominions in America, may not be sufficient to supply quarters for such forces: and whereas it is expedient and necessary that carriages and other conveniences, upon the march of troops in his Majesty's dominions in America, should be supplied for that purpose: be it enacted …,
 
 
That for and during the continuance of this act, and no longer, it shall and may be lawful to and for the constables, tithingmen, magistrates, and other civil officers of villages, towns, townships, cities, districts, and other places, within his Majesty's dominions in America, and in their default or absence, for any one justice of the peace inhabiting in or near any such village, township, city, district or place, and for no others; and such constables … and other civil officers as aforesaid, are hereby required to billet and quarter the officers and soldiers, in his Majesty's service, in the barracks provided by the colonies; and if there shall not be sufficient room in the said barracks for the officers and soldiers, then and in such case only, to quarter and billet the residue of such officers and soldiers for whom there shall not be room in such barracks, in inns, livery stables, ale houses, victuallinghouses, and the houses of sellers of wine by retail to be drank in their own houses or places thereunto belonging, and all houses of persons selling of rum, brandy, strong water, cyder or metheglin, by retail, to be drank in houses; and in case there shall not be sufficient room for the officers and soldiers in such barracks, inns, victualling and other publick ale houses, that in such and no other case, and upon no other account, it shall and may be lawful for the governor and council of each respective province in his Majesty's dominions in America, to authorize and appoint, and they are hereby directed and impowered to authorize and appoint, such proper person or persons as they shall think fit, to take, hire and make fit, and, in default of the said governor and council appointing and authorizing such person or persons, or in default of such person or persons so appointed neglecting or refusing to do their duty, in that case it shall and may be lawful for any two or more of his Majesty's justices of the peace in or near the said villages, towns, townships, cities, districts, and other places, and they are hereby required to take, hire and make fit for the reception of his Majesty's forces, such and so many uninhabited houses, outhouses, barns, or other buildings, as shall be necessary, to quarter therein the residue of such officers and soldiers for whom there should not be room in such barracks and publick houses as aforesaid….
 
 
II
And it is hereby declared and enacted, That there shall be no more billets at any time ordered, than there are effective soldiers present to be quartered therein: and in order that this service may be effectually provided for, the commander in chief in America, or other officer under whose orders any regiment or company shall march, shall, from time to time, give … as early notice as conveniently may be, in writing, signed by such commander or officer of their march, specifying their numbers and time of marching as near as may be, to the respective governors of each province through which they are to march….
 
 
III
[Military officers taking upon themselves to quarter soldiers contrary to this act, or using any menace to a civil officer to deter them from their duty, to be cashiered. Persons aggrieved by being quartered on may complain to the justices, and be relieved.]
 
 
V
Provided nevertheless, and it is hereby enacted, That the officers and soldiers so quartered and billeted as aforesaid (except such as shall be quartered in the barracks, and hired uninhabited houses, or other buildings as aforesaid) shall be received and furnished with diet, and small beer, cyder, or rum mixed with water, by the owners of the inns, livery stables, alehouses, victuallinghouses, and other houses in which they are allowed to be quartered and billeted by this act; paying and allowing for the same the several rates herein after mentioned to be payable, out of the subsistence money, for diet and small beer, cyder, or rum mixed with water.
 
 
VI
Provided always, That in case any innholder, or other person, on whom any non-commission officers or private men shall be quartered by virtue of this act, … (except on a march, or employed in recruiting, and likewise except the recruits by them raised, for the space of seven days at most, for such non commission officers and soldiers who are recruiting, and recruits by them raised) shall be desirous to furnish such noncommission officers or soldiers with candles, vinegar, and salt, and with small beer or cyder, not exceeding five pints, or half a pint of rum mixed with a quart of water, for each man per diem, gratis, and allow to such noncommission officers or soldiers the use of fire, and the necessary utensils for dressing and eating their meat, and shall give notice of such his desire to the commanding officer, and shall furnish and allow the same accordingly; then … the non-commission officers and soldiers so quartered shall provide their own victuals; and the officer to whom it belongs to receive, or that actually does receive, the pay and subsistence of such non commission officers and soldiers, shall pay the several sums herein after mentioned to be payable, out of the subsistence money, for diet and small beer, to the non-commission officers and soldiers aforesaid….
 
 
VII
And whereas there are several barracks in several places in his Majesty's said dominions in America, or some of them, provided by the colonies, for the lodging and covering of soldiers in lieu of quarters, for the ease and conveniency as well of the inhabitants of and in such colonies, as of the soldiers; it is hereby further enacted, That all such officers and soldiers, so put and placed in such barracks, or in hired uninhabited houses, outhouses, barns, or other buildings, shall, from time to time, be furnished and supplied there by the persons to be authorized or appointed for that purpose by the governor and council of each respective province, or upon neglect or refusal of such governor and council in any province, then by two or more justices of the peace residing in or near such place, with fire, candles, vinegar, and salt, bedding, utensils for dressing their victuals, and small beer or cyder, not exceeding five pints, or half a pint of rum mixed with a quart of water, to each man, without paying any thing for the same….
 
 
XXX
And be it further enacted … That this act … shall continue and be in force in all his Majesty's dominions in America from [March 24, 1765] until [March 24, 1767].
 
 
 
The Quartering Act of 1765
 
 
March 24, 1765
 
 
Established June 2, 1774, the Quartering Act of 1774 was similar in substance to the Quartering Act of 1765.
 
 
June 2, 1774
 
 
WHEREAS DOUBTS HAVE BEEN ENTERTAINED whether troops can be quartered otherwise than in barracks, in case barracks have been provided sufficient for the quartering of all the officers and soldiers within any town, township, city, district, or place within His Majesty's dominions inNorth America; and whereas it may frequently happen from the situation of such barracks that, if troops should be quartered therein they would not be stationed where their presence may be necessary and required be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords … and Commons, in this present Parliament assembled …
 
 
that, in such cases, it shall and may be lawful for the persons who now are, or may be hereafter, authorized by law, in any of the provinces within His Majesty's dominions in North America, and they are hereby respectively authorized, empowered, and directed, on the requisition of the officer who, for the time being, has the command of His Majesty's forces in North America, to cause any officers or soldiers in His Majesty's service to be quartered and billeted in such manner as is now directed by law where no barracks are provided by the colonies.
 
 
2. And be it further enacted by the authority aforesaid that, if it shall happen at any time that any officers or soldiers in His Majesty's service shall remain within any of the said colonies without quarters for the space of twenty four hours after such quarters shall have been demanded, it shall and may be lawful for the governor of the province to order and direct such and so many uninhabited houses, outhouses, barns, or other buildings as he shall think necessary to be taken (making a reasonable allowance for the same) and make fit for the reception of such officers and soldiers, and to put and quarter such officers and soldiers therein for such time as he shall think proper.
 
 
3. And be it further enacted by the authority aforesaid that this act, and everything herein contained, shall continue and be in force in all His Majesty's dominions in North America, until March 24, 1776.
 
 

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
 
 

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.  

 

Minimum Wage in Mississippi

Minimum Wage in Mississippi

 

Quick Guide to Mississippi Minimum Wage

Minimum Wages in Mississippi

The state of Mississippi is one of five states that do not have a state mandated minimum wage.  Instead, all employees and employers within the state of Mississippi must regard rules under the federal Fair Labor and Standards Act.  

Currently, and in connection with the FLSA, the current minimum wage in Mississippi is $7.25 per hour.  However, minimum wages in Mississippi for tipped employees are quite different.  “Tipped employees” may have a cash wage of at least $2.13 per hour if the tip credit is at least equal to minimum wage.  If the employee does not make equal to minimum wage, the employer is responsible for compensating the remainder of the minimum wages in Mississippi. 

There are certain exemptions discussed within this article, as well as more information provided by Department of Labor in this article as well.  

Overtime Minimum Wage in Mississippi

The current overtime minimum wage in Mississippi is $10.90 when rounded to the nearest nickel.  Mandatory overtime is often required if the employer places such provisions within an employer/employee contract.  If an employee believes they have not been provided within overtime pay or fair wages in general, they can claim backed minimum wages in Mississippi by filing a wage claim.  

Can an Employer pay a smaller minimum wage in Mississippi for training employees?

If an employee under the age of 20 has worked 90 days or less, an employer may pay a minimum wage in Mississippi of at least $4.25 per hour.  This type of payment is not the same as federal “training wage,” and if an employee has quit and then decided to return to work, the 90-day training wage does not start over again.  

Additionally, some full-time students, student learner, apprentices, and workers within disabilities may receives less minimum wages in Mississippi under certificates issued by the Department of Labor.  

Minimum Wages in Mississippi for Minors

Many minors won’t qualify for overtime minimum wage in Mississippi because of federal child labor laws.  For example, a person has to been at least 16 to work in most non-farm related jobs, and a person under the age of 18 cannot work in hazardous professions.  

However, some minors the age of 14 and 15 can work outside of school hours in certain industries, but they cannot work in hazardous jobs and they cannot receive overtime minimum wages in Mississippi in any circumstances.  

A person who is 14 or 15 in the state of MS cannot work more than 3 hours on a school day or 18 hours during the school week.  Additionally, a person the age of 14 or 15 cannot work more than 8 hours on a non-school day or 40 hours during a non-school week.  

What will happen to my employer if the violate wage laws?

If an employer violates minimum wage laws or overtime laws, they can receive a fine up to $11,000 for each employee and up to $50,000 for each violation of child labor that cause serious injury to the minor workers.  

 

Arkansas Unemployment Benefits

Arkansas Unemployment Benefits

 

Quick Guide to Arkansas Unemployment Insurance 

Arkansas Unemployment Benefits

The state of Arkansas provides the public with a large amount of user friendly resources, as well as useful information about the entirety of Arkansas unemployment benefit.  The majority of information on this website is referenced from the Arkansas Department of Workforce Services, and you should regard the following website for all services offered under the DWS: 

Am I Eligible to Receive Arkansas Unemployment Benefits?

After you file a claim with the State Department of Workforce Services Office, you’ll have to meet certain eligibility factors in order to receive an Arkansas unemployment benefit.  The eligibility factors under the DWS are listed below: 

1. unemployed 

2. physically and mentally able to perform suitable work

3. Available for suitable work

4. Making a reasonable effort to find work

5. Free of participation or direct interest in a labor dispute

6. Free of disqualification

Additionally, you must file an Arkansas unemployment benefit claim a week before you can start receiving compensation through the DWS.  During the one full workweek, you will have to meet eligibility factors, make less than 140% the wages you had in your last job, and remain qualified.  After you have met all qualifications for Arkansas unemployment benefits, you can begin receiving direct deposit from the state.  

What Helpful Resources are under the Arkansas DWS?

The DWS provides a large list of helpful resources for Arkansas unemployment benefits, and most of these resources are explained in this article.  For more information on about an Arkansas unemployment benefit, visit the link provided

How can I make my weekly claim for UI benefits in Arkansas?

You can either make your weekly claim by telephone or over the internet.  In order to make a claim over the phone, you’ll have to contact the ArkLine at (501) 907-2590 if you are the applicant or (501) 907-2591 if you are the employer.  With these services, you can receive general information about Arkansas unemployment benefits, information about your claim inquiry, or about filing a continuing claim.  

In order to file a continuing weekly claim over the internet for an Arkansas unemployment benefit, you can use the ArkNet tool under the DWS.  Reference the following website to help you with filing over the internet:  

Can I file the first claim over the internet?

You can use the EZARC (Easy Arkansas Claims) tool under the DWS to file your first claim over the internet.  You’ll have to have your name and mailing address, social security number, name and address of your last employer, and the last day you worked and your reason for no longer working in order to make the first claim for an Arkansas unemployment benefit.  For more information on this tool, visit the following website.  

Can I Receive Arkansas Unemployment Benefits after a Natural Disaster?

The Disaster Unemployment Assistance (DUA) is a federally-funded program that allows jobless workers and self employed workers to file for UI when their unemployment was a direct result of a natural disaster.  For more information, visit the following website.

 

Arkansas Disability Benefits

Arkansas Disability Benefits


Quick Guide to Arkansas Disability Insurance 

Arkansas Disability

The majority of Arkansas disability claims fall under social security, and the Disability Determination for Social Security Administration is a statewide program that helps the federal program determine eligibility.  If some qualifies for Arkansas disabilities insurance, the federal program will still issue checks and payments instead of the state.  

This article will discuss valuable information for anyone thinking about filing for Arkansas disabilities insurance, and for more valuable information, visit the following website under the DDSSA: 

Common Arkansas Disability Fraud

Like other states, there are common types of Arkansas disabilities schemes: 

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 Arkansas, many people are caught working while still receiving Arkansas disability insurance. 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 Arkansas disabilities payments after healed- this type of fraud is normally easily detectable, but many people will try to receive payments after they have been cleared.  

Eligibility Factors

There are a number of eligibility factors that the federal government will examine, and a more complex investigation will be held by the state unless the need for Arkansas disability through SSDI or SSI is obvious.  The federal government will examine the following eligibility factors: 

• the disabled insured work must be under the age of 65 

• a person who became disabled under the age of 22 must be dependent of a deceased insured parent or a parent with title II disability or retirement benefits

• the person is a disabled widow or widower between the age of 50-60 and the deceased spouse was insured under Social Security 

There are other programs and grants for numerous other types of Arkansas disabilities, but as mentioned above, the majority of claims made within the state are under Social Security.  

What is the General Process of Filing for Disability?

In order to file for federal social security within the state of Arkansas, you’ll first have to submit a claim by mail, telephone, or in person to any Federal Social Security Office within AR.  If the FSSO approves the claim for Arkansas disabilities, the application will then be referred to the DDS who will meet with the claimant.  

If the claims process through the FSSO is uncomplicated, the process will only take 5 to 10 days under the federal government, and the DDS will take about 3 months to file the case.  If the claimant is first denied and then reconsidered for Arkansas disability, the reconsideration process can take up to 4 more moths.  If there is an appeals process, the process can even take a whole year to complete.  

 

Minimum Wage in Arkansas

Minimum Wage in Arkansas

 

Quick Guide to Minimum Wage in Arkansas 

Minimum Wage in Arkansas

There are numerous laws throughout Arkansas statutes that address minimum wages in Arkansas.  Section of state law will be discussed in this article that address minimum wage in Arkansas, as well as information about wage disputes.  

Statutes Addressing Minimum Wages in Arkansas

As mentioned above, there are multiple laws that address wages within the state.  The statutes listed below offer a brief overview of these laws: 

11-4-210 Minimum Wage

Section (a) of this law states that following: 

“Beginning October 1, 2006, every employer shall pay each of his or her employees wage at the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in this subchapter.” 

The second section of this law states that minimum wages in Arkansas are sometimes less for full-time students.  If the full-time student work 20 hours or less a week and attends an accredited institution within the state, the rate of wage shall be no less than 85% of the normal minimum wage in Arkansas.  This section does not apply when students are on breaks between semesters.  

Section 11-4-212 Allowance for gratuities

This section of laws on minimum wages in Arkansas addresses the payment of wages to employee who make a significant percentage of their wages on tips. The first section of this law states than an employee who makes at least $3.62 per hour from gratuities can be paid a minimum wage of at least $2.63 per hour.  

Additionally, if an employee made less than minimum wage after all gratuities and adjusted minimum wage in Arkansas, an employer is responsible for providing compensation for the difference.  The Director of the Department of Labor is allowed to have an employer show satisfaction of such a measure.  

Section 11-4-213 Allowance for furnishing board, lodging, apparel, etc

The first section of this law on minimum wages in Arkansas states the following: 

“Every employer of an employer engaged in any occupation in which board, lodging, apparel, or other items and services are customarily and regularly furnished to the employee for his or her benefit shall be entitled to an allowance for the reasonable value of board, lodging, apparel, or other items and services as part of the hourly wage rate provided in 11-4-210 in an amount not to exceed thirty cents (30 cents) per hour.” 

Filing Wage Claims for Backed Minimum Wage in Arkansas

According to section 11-4-220, any employee covered under law may file a claim with the Director of the Department of Labor if an employer has violated any laws and failed to provide the employee with the required minimum wages in Arkansas or any other payments.  If a wage claim is made for minimum wage in Arkansas, the Director of the Department of Labor will promptly investigate a claim, and the name of an employee within the claim shall be kept confidential until the Director issues and administrative complaint and is ordered to release the information.  

For more information on filing a wage claim, visit the website.