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Showing posts with the label law

Should Medical Marijuana be Legalized

The history of cannabis and all its medical uses has varied from appetite stimulants to helping in chronic pain and even treating nausea and vomiting. The most recent researches now say it helps in treating symptoms of AIDS, the disease that kills 1 out of 4 people age 13 to 24 . Looking on medical marijuana now in the United States, it’s been spreading to be now legalized by 23 states for medical use only. In 2015, New York state legalizing medical marijuana use to

Payday loans are illegal in New York State

It is a violation of New York State law to make payday loans in-person, by telephone, or over the Internet. It is also illegal for a debt collector to collect, or attempt to collect, on a payday loan in New York State. To File a Complaint *File a complaint with the Department of Financial Services at (800) 342-3736 if you believe payday loans are being made in New York or to New York residents, or if a debt collector is seeking to collect on a payday loan in New York. What is a Payday Loan? A payday loan is a relatively small, high-cost loan, typically due in two weeks and made with a borrower’s post-dated check or access to the borrower’s bank account as collateral. Payday lending is illegal in New York for a number of reasons:

Doing business in China without getting ripped off

There is a great blog I came across called China Law Blog , which anyone wanting to export items to China. For instance, I discovered in this article that there are Fake China Law Firms...where companies "thought they were paying money to a Chinese law firm for something like registering a trademark in China or drafting a manufacturing agreement. Instead, they paid money to somebody that had set up a temporary website with the sole intention of bilking the unwary." Also check out Protecting Your China IP. Me Thinks Thou Dost Worry Too Much . A most useful site.

Laws of New York

When searching to rules, regulations, permits, and licensing information, the first place to look is New York State's Online Permit Assistance and Licensing website . Sometimes, the helpful information provided will tell the searcher to look up legislation that is available through Laws of New York . If no information in provided in OPAL, sometimes searching Laws of New York will yield results previously undiscovered. Ultimately, it is always a good idea to search both sites for the most comprehensive results.

The ADA Turns 20

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The US Department is celebrating the 20th anniversary of the passage of the Americans with Disabilities Act this week. I find this to be exciting; at the same time, it seems as though some people seem to find ADA difficult and punitive. While I'm sure that one can find bad outcomes of good intentions in any bureaucracy, the core message of the Act is to make goods and services more accessible to a population that is nearly one in five Americans, and growing. As the Reaching Out to Customers with Disabilities section indicates that "The ADA asks public accommodations to take steps that are 'readily achievable' or are 'reasonable' or that do not constitute an 'undue burden' to enable people with disabilities to be their customers and clients." I was at a business conference a few years ago, and a representative laid out some examples about how a business could become more customer friendly. A dry cleaner had a three-step walk up to the entrance. No

Employment Law Guide

Recently, the U.S. Department of Labor released an updated version of its " Employment Law Guide ". Here's a description of it, from a DOL press release: "The Guide helps the public - workers and employers - understand many of the laws affecting the workplace. For instance, it helps small businesses develop wage, benefit, safety and health, and nondiscrimination policies . . . The updated version addresses recent and important changes in employment laws, including the increase in the federal minimum wage and an expansion of the Family and Medical Leave Act . . ." They also stress how helpful this guide can be to those businesses that do not have a dedicated human resources person on staff. Keep this in mind for clients who fit that description, as they (obviously) are still beholden to labor law.

What IS a Small Business?

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I happened to answer the phones one Friday afternoon and someone, who had been obviously been talking to other people, wanted a definitive answer to a simple question, "How is a small business defined?" I said, "Well, it depends." If we're talking about New York State law, then you'll want to look for the state laws under COM: Economic Development Law, Article 4-B, § 131. Definition of a small business. For the purposes of this chapter, a small business shall be deemed to be one which is resident in this state, independently owned and operated, not dominant in its field and employs one hundred or less persons. But if we're talking federal law, it's a bit more complicated. If one were to look at TITLE 13 of the Code of Federal Regulations, one would want to go to Part 121--SMALL BUSINESS SIZE REGULATIONS , with a plethora of information about the process. Still, for the bottom line, go to §121.201: What size standards has SBA identified by North Amer

Filing for Bankruptcy Without an Attorney

Not to say it is recommended, but I still like to see sites that help people help themselves, and this one is offered by the US Courts: How to handle your own bankruptcy. Even if an attorney were consulted, at least it offers a clear idea of what needs to happen. Bankruptcy Basics runs through the chapters and what they mean and includes a glossary. There is also a page of Bankruptcy Resources . FYI: Bankruptcy Filings Down for Fiscal Year 2007, Up for Quarter Bankruptcy 'tweak' could save 600,000 homes Consumer group pushes for change to bankruptcy law; others worry about negative impact on mortgage-debt markets. By Jeanne Sahadi, CNNMoney.com senior writer October 1 2007 Changes to Bankruptcy Rules (Effective 12/1/07) By Brett Weiss, Maryland Bankruptcy Attorney on Dec 15, 2007