Is Your Carpal Tunnel Syndrome Condition Caused by Work?

Is carpal tunnel syndrome caused by work? Well that is obviously a hotly debated topic among medical and legal experts. Different states have different workers compensation laws (work comp for short). Some states say that even if the person has a risk factor for carpal tunnel syndrome (CTS) or a pre-existing condition, and it can be shown that his work activities "aggravated" these conditions, which resulted in CTS, then the courts in these states typically rule in the patients favor. Other states are more strict and say you have to prove that CTS was actually CAUSED directly by work-related exposure.

The other part of the question of "Is carpal tunnel caused by work?"...is how do you prove an employee didn't have CTS before coming to work for that company? With all the disability and privacy laws about medical records it's difficult to get information unless the employee is honest and forthcoming; and sometimes the person may just not have realized they had signs and symptoms of carpal tunnel syndrome in the first place. Unless the employee was diagnosed with CTS, and the employee discloses this to his new employer it may be difficult to prove otherwise, until this information is brought out in court.

When the court tries to determine "Is carpal tunnel caused by work?"...they rely on information from doctors, surgeons, and EMG/NCS tests. Every carpal tunnel work comp case that I have been involved in, the patient has had at least one if not two EMG/NCS tests. They also must look at the employee's previous work history and or any hobbies that may have contributed to CTS.

Again, the problem or question of "Is carpal tunnel caused by work" is difficult to determine if the employee didn't have previous EMG/NCS tests to compare to the current tests.

Occasionally though, an employee will have had a previous evaluation or work-up for CTS and may have EMG/NCS tests. These are helpful, especially to your doctor, because it can help determine (along with history and exam) if the condition is getting worse or not.

It may help the court decide (also along with medical history) if the carpal tunnel symptoms you currently are having were caused by work or possibly caused by some other non-work related factor or medical condition that may need to be treated and before now the employee was unaware of his or her condition!

I hope this gives you some insight on whether carpal tunnel is caused by work or not. I always tell my patients to worry about yourself, your medical condition first!....Get properly diagnosed and treated, then worry about whether your carpal tunnel is caused by work or not.

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The Family and Medical Leave Act

Small business owners are faced with a variety of challenges that are simply foreign to their larger counterparts. In a bigger corporate structure, the supervision of financial concerns, human resources needs, and other significant elements of a business operation is typically delegated to separate departments. For most small businesses, however, that level of modular distinction is a prospect in the distant future. Though this can complicate an entrepreneur's life and career simply because it means that he or she must handle so many different tasks, the greater problem is the legal trouble that can arise if a lack of expertise in labor law or other relevant concerns results in violations of the law.

One of the most important laws that a human resources manager (and a small business owner in the early stages) must understand fully is the Family and Medical Leave Act (FMLA). It establishes guidelines for excusable employee absences pertaining to medical illness and family needs, in addition to a number of important specifics about the administration of the Act. Violating the provisions of the FMLA can leave you scrambling to pay for wages and benefits improperly denied, as well as attorneys' fees for the filer of a complaint.

Your Responsibilities under the FMLA

The proper understanding and application of the FMLA is important for a small business owner not simply because it can prevent demoralizing and expensive disputes, but also because the failure to implement it correctly can turn your workers against you. After all, since the Act is intended to grant employees rights in connection with serious illness and other emotionally challenging family needs, there are few who could argue against its principal aims. To keep the goodwill of your employees and to remain on the right side of the law, you should be well-versed in the Act, including the following provisions for employers covered under the law:

Eligible employees are entitled to 12 workweeks of unpaid leave in 12 consecutive months

This leave may be granted for:

     Birth and care of an employee's newborn child

     Adoption of a son or Caring for a newly place foster child

    Assisting with care for one's husband, wife, son, daughter, father, or mother afflicted with a significant health issue

    A condition that prevents the employee from working

An employee must be reinstated in the same or a similar position with "substantially equal pay" upon return

Benefits must be reinstated without lost time

Retaliation for an FMLA request is prohibited

To Be Sure You Are Compliant

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Important Employment and Labor Law Provisions in Los Angeles

In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.

This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any violation. Yet, you may still depend on the expertise of Los Angeles Employment and Labor Law attorneys if, still, you find it hard to handle your situation.

Major Laws Intended for Labor and Employment

The following law provisions commonly apply to employers, employees, retirees, job seekers and other individuals or parties who play a part in the employment sector. This summary is intended to lay down some important information regarding labor law compliance and privileges. For a detailed knowledge about these laws, better read the whole provisions or have a consultation with your employment attorney in Los Angeles.

Workplace Safety and Health

Under the Occupational Safety and Health Act, employers have the general obligation to provide their workers with jobs and workplaces, which are free from any identifiable and serious risks. Any violation regarding this provision may be brought up to the Occupational Safety and Health Administration, which is the agency tasked to implement injunctions for such non-compliances among the public sector employees.

Worker's Compensation

Federal employees may take the advantage of benefits payments due to loss of wages caused by their total or partial disability. This also includes payments to cover other related medical expenses and vocational rehabilitation. The Federal Employees' Compensation Act applies to those workers who have obtained disability or died in performing their duties.

Among other statutes related to Worker's Compensation are:

Longshore and Harbor Workers' Compensation Act - maritime employees Energy Employees Illness Compensation Program Act - Department of Energy employees Black Lung Benefits Act - coal miners Wages and Hours

The Fair Labor Standards Act covers both private and public employers. This particular law sets the standard of paying wages as well as overtime hours for covered workers. Added details about this statute may be obtained from the Wage and Hour Division of the Employment Standards Administration, which administers the act.

Employee Benefits Security

Another useful law that regulates pension and welfare benefit plans offered by employers to their workers is the Employee Retirement Income Security Act or commonly known as ERISA Law. This requires various conditions regarding employees' pension and welfare benefit plans and other related issues. The agency regulating this act is the Employee Benefits Security Administration.

Family and Medical Leave Act

This Labor Law provision compel all employers with at least 50 workers to provide up to 12 weeks of unpaid leave to qualified employees without the threat of reassignment to other job position. Employees may take their unpaid leave for these causes:

Giving birth Taking care of a newborn or adopted child Caring for spouse, children or parents having serious illness

These are just some of the important Employment and Labor Laws. If you feel that your employer has violated any of these provisions, act immediately and seek the aid of your Los Angeles Employment and Labor Law attorneys. You may be entitled of compensatory damages or recoveries.

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French Vs American Labor Law and Policy

U.S. Public Sector Labor Policy

The public sector comprises the largest section of organized labor in America and continues to grow. Educators, nurses, police officers, and government employees have become heavily unionized or involved in other professional organizations. Although most of the major pieces of labor legislation exclude public employees, they will be increasingly important to understand them as governments continue to outsource administrative, strategic, and other professional work.[1]

Employees who engage in collective bargaining use a variety tactics causing slowdown, shutdown, or sick-ins. While the private sector can absorb these tactics, the public sector cannot. Often, key employees such as police or firefighters will strike at critical times, putting the public at a severe detriment for their own greed. Millions of dollars and lives are in the hands of Americas civil servants, thus effective public policy affecting collective bargaining is important to the success of the nation. The largest public sector union is organization is the American Federation of State, County, and Municipal Employees (AFSCME) which covers employees of local and state governments, has a membership of 1.3 million and dates back to 1936.[2] Unionization is strong at this level with some 60 percent of eligible public employees belonging to a union or other professional organization. [3].

Putting U.S. Public Sector Labor Policy on the Agenda

The issue has been put on the national agenda because of the ability for public sector unions to mobilize a bloc vote and the threat of a strike should they become unhappy with using political conditions. Public employees have bolstered their organization for both reasons involving pay and working conditions. Safety has always been a key bargaining point for many unions, especially those in hazardous occupations. Strikes are very dangerous to the public sector because they often involve first responders or employees in key positions.

For example, in 1981 13,000 professional air craft controllers belonging to PATCO went on strike attempting to leave planes to their own devices and guidance causing what could have been a national emergency, simply because they wanted better wages. President Ronald Reagan quickly fired over 70 percent of them sending a clear warning that a strike of this magnitude would not and could not be tolerated by the American Public.[4]

Key Actors Shaping U.S. Public Sector Labor Policy

Since the early 1960's federal employees have been able to organize and engage in collective bargaining through an executive order issued by President Kennedy which granted federal employees the right to unionize and engage in collective bargaining. [5] This is a statement that while congress is not a key actor in shaping labor policy for the public sector, the executive branch is. However, the Presidents role in shaping labor policy changes whenever the turnover in the office occurs. Different Presidents simply have different policy prescriptions to unionization problems.

Individual states are largely responsible for state, county and municipal employee union policy and here, the state legislature does have considerable power in shaping public policy regarding unions. Many states have rejected the rights unions under what is called the privilege doctrine, it states that: employment in government is not a right but rather a privilege.[6] This is legally defensible and rooted in common law.[7] Under the Minnesota Labor Relations Act, employers cannot intimidate or discourage union activity employees have a limited right to strike, an employer cannot institute a lockout which involves locking employees out from work, or take action against an employee for being involved in a union or other collective bargaining agency.[8]

The Future of Public Sector Labor Policy in the U.S.

Certain government employees are very difficult to replace while others can be outsourced. For example, should all the firefighters strike during a crop burning that leads to massive damage, perhaps they should be held liable for damages. In the private sector, unions and management act in an adversarial system, but in the public sector this is not so. This could mean that a manager is less likely to fire an employee simply because he is a member of the union. This leads to retention of incompetent employees and government ineffectiveness.

This is a crisis that many future administrators will face and learn to deal with. As the public sector unionization rate continues to increase even while its private counterpart decreases, key actors in public policy must began to look at how to best shape U.S. public policy to deal with public sector unionization.

Current labor policy is likely to continue at the federal level, at least until a President with an active interest in changing it emerges. However at the state level, change happens all the time. States are laboratories of democracy and can shape policies affecting those in their employ. One thing to bear in mind is that there is not a substantial labor party in the United States and this will always hinder union activity as it has less of a voice at the table.

French Public Sector Labor Policy

The French public sector is alive and very strong, with a threat of a strike looming from many areas of the public sector at all times. It is the largest sector of labor in France and unlike America; government is considered an honorable and coveted profession. In the face of recent threats of public sector work stoppages and possible violence, French President Nicolas Sarkozy has tried to keep the nation calm. "I say to everyone-be very responsible, be very calm and show a great deal of composure...This country does not need violence, manipulation on top of all the other problems it has.

However, his speeches will not make transportation systems run when they are thrown into "nationwide chaos" by disgruntled unions this fall.[9] Unionization is 5.2 million strong in France but is comprised of trade unions that are aligned under loosely under a variety of different political terms.[10] The public sector has a sense of elitism that separates it from its would be comrades in the other trade unions, however, certain events or disturbances will cause the unions to form temporary alliances and fight a common cause.

Putting French Public Sector Labor Policy on the Agenda

Part of the reason that unions are reacting so severely to is the recent public policy announcement from President Sarkozy to cut 22,000 jobs in the public sector.[11]

The French economy simply cannot afford to support needless jobs and over-inflated unionization of public sector. President Sarkozy stated that he does not want to eliminate the bureaucracy; rather he wants to make it better and sharper. "I want a public service that is smaller, better paid and with better career prospects", he said.[12]

The political movement in France has been a conservative one for some time. It has taken over what was a socialist regime and has made strides against a resistant public sector that is use to bloated salaries and comfortable benefits.[13]

Key Actors Shaping French Public Sector Labor Policy

The key actors shaping French labor policy in the public sector are clearly the public sector, the Executive branch and to some extent the news media. Depending on how closely the unions choose to unite, they can be quite a formidable force, they have been in the past and will probably continue to be in the future. However, the Executive also sets the policy of for the nation and under former liberal and socialist regimes, policies were much more union friendly then they are now.[14]

The media chooses which side to take on the issue and while it seems that the mainstream media sources, such as the BBC, have become turned off by unionism and complaining of public servants, there seems to be a strong underground current of socialist literature that floods the web tends to defend unions and civil servants. This could also mean that the socialist party is a key actor in shaping French labor policy in the public sector as it was for some time.

The Future of Public Sector Labor Policy in the France

France is headed for a number of years that will be riddled with strikes and economic uncertainties. There exists a strong socialist culture in the public sector of France, yet there is currently a conservative administration, these two actors are clearly at odds with each other.

The outcome of the policies of the Executive will depend on whether or not the unions can build coalitions, remain strong through considerable economic strife, and regain the news media on their side. If they fail, then the executive will be successful in breaking them and the strategy of not caving in to demands will work, if they are successful, then the Executive strategy of non-cooperation will fail.

One of the two sides must break and whoever has the news media on theirs will be better suited to win this battle. Thus the policy could either remain very conservative or gradually move back towards socialist ideas. In a state on its fourth constitution, anything could happen!

Similarities Between U.S. & French Public Policy

Both France and the United States had strong Executive control over labor policy in the public sector. It seems strange the Legislative branch has very little say in the arena of the public sector in either nation. While Congress has had a large impact on unions in the private sector, it has had almost none in the public sector and is rarely even cited, the same applies for France as their private sector unions are fairly weak.

Historically, both countries have had strong public sector unions however; the massive backlash that the unions in France are facing now, already hit the American public sector in the 1980s. This has allowed for the French public sector to continue union militancy through strike and shut down, but forced U.S. civil servants to learn political tactics of achieving their goals and surviving.

U.S. Presidents and French Presidents have handled the situation much the same way, but as said, the U.S. went through it in the 1980s and France did not really start going through it until the mid 1990s. The tactics are basically the same, both countries have taken a zero tolerance policy to striking and stuck with it, and it seems to be working. Eventually, Unions in both counties will have to find new ways to survive in increasingly conservative administrations and less public support for their causes.

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State Labor Law in Rhode Island

Rhode Island is an ecstatic state located ideally in the New England province of the United States of America. It is the smallest state in the United States in terms of the area it covers. This state is often referred as "The Ocean State". State labor laws have been adopted in this state too. These laws have been implemented to preserve the rights of workers in this state. If you are an employee in this state then you must go through the state labor law in Rhode Island.

Now, let us study few important things regarding state labor law in Rhode Island:

1. Employment / Hiring Law Under the hiring law in Rhode Island, an employer cannot appoint a worker on the basis of reasons other than his qualifications. He cannot be appointed on the basis of his caste, creed, religion, sex or any other personal attributes. An employer is also not allowed to ask any questions to the employee. He cannot ask questions that might hurt the feelings of the individual. However, he is allowed to ask any type of questions that are necessary to judge the character of the individual.

2. Child Labor Law Under the child labor law in Rhode Island, all the children under the age of 18 years cannot work more than 48 hours a week and children below the age of 16 years cannot work more than 40 hours a week. The children under the age of 18 years are not allowed to work after 11:30 pm before a school day and the children below the age of 16 years are not permitted to work after 7 pm during school days. These are some of the most important laws regarding child labor law in Rhode Island.

3. Employment At Will Under this law, any employer could terminate you any time without any prior notice. But if you are working under any sort of employment contract then you can only be terminated on the basis of reasons mentioned in your contract. If an employer terminates you on the basis of reasons other than the ones mentioned in your contract then it is considered to be illegal.

These are some of the most important points regarding state labor law in Rhode Island. Make sure you go through this article once.

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What a Workers Comp Lawyer Can Do For You

To start with, workers compensation is a form of insurance that most employers carry for their employees. This insurance covers the employee's expenses and lost wages if they get injured at work or suffer from a job-related illness. On-the-job injuries or illnesses that occur due to employment are also known as workman's compensation injuries. The law states that when people are injured at work, they are entitled to assistance from a workers comp lawyer. Examples of job-related illnesses and injuries include cuts, burns, sprains, back strains, neck pain, shoulder pain, headache, knee problems, broken bones, heart attacks, wrist injuries, hypertension, carpal tunnel syndrome, and illnesses that relate to environmental conditions.

You should hire a workers comp lawyer if you get injured at work. However, before you hire an attorney, you should report the injury to your manager or supervisor. You will be required to fill out paperwork that documents how the injury occurred. Be as detailed as possible because you may forget what happened in the future. Your employer will send you to a doctor to get treated.

So why should you hire a workers comp lawyer? If you have an injury that is taking too long to heal or if it requires a lot of therapy, you are probably taking a lot of time off work. You can recuperate lost wages by hiring a good workers comp lawyer.

A workers comp lawyer can reduce your stress and improve the quality of your life. Experienced lawyers know the laws and they will negotiate with insurance companies for you. They will make sure you get paid for lost wages, medical expenses, pain, and suffering.

You can find an affordable lawyer. Many lawyers offer free consultations and some only charge fees if the case is won. This is also known as handling cases on a contingency basis.

If your employer is at fault for your injury or illness and if they did not look out for your best interest, you should do something about it. A good lawyer will help you reach an agreement with your employer and he can help you win settlement money.

If you are not sure whether or not you have a strong case, consult with a lawyer. A lawyer can evaluate your situation and help you build a case. There are many affordable lawyers out there, so don't worry about the costs. A competent lawyer can also provide you with expert legal advice and they will guide you in the right direction.

If you already filed a claim and it was denied, you should consult with a workers comp lawyer immediately. Your lawyer will fight for you and make sure you get paid for the injury or accident. You have nothing to lose, so it is worth it to find a good attorney.

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Can Staring Be Considered Harassment at Workplaces in California?

It is commonly known that sexual harassment at workplace involves unwelcome acts of sexual nature by a co-workers or a supervisor, such as unwelcome touching, repeated unwanted propositioning, conditioning employment or promotion on sexual favors, etc.

Offensive conduct, however, need not be sexual in nature to create a hostile work environment in the workplace. Hostile non-sexual conduct (or language) directed at an employee because of his or her gender may create an actionable hostile environment. A pervasive pattern of verbal abuse violates Title VII even if not motivated by sexual desire to drive women out of the organization. Rude, overbearing, loud, vulgar and generally unpleasant comments by a male supervisor toward female subordinates, coupled with physically aggressive (though non-sexual) actions, may constitute sexual harassment, if male subordinates were treated with proper respect at the same place. Interestingly enough, the fact that are were more women than men in the office does not make a difference.

A non-sexual conduct that singles out an employee based on his/her gender may also be actionable and constitute sexual harassment/hostile work environment . In one California case, a hostile work environment was shown by evidence that the male police officers engaged in overtly hostile acts toward a female police officer, including stuffing her shotgun barrel with paper, so that the weapon would explode if fired, spreading untrue rumors about her abilities, singling her out for unfavorable work assignments and shifts, making false complaints about her performance, and even threatening to disrupt her wedding.

Even staring, coupled with other factors, can constitute sexual harassment hostile work environment. In one case, a female employee refused several requests to go out on a date by a male co-worker (which included divulging lewd fantasies about her). When she complained to her supervisor, the coworker stopped talking to her, but started staring at her in an intimidating manner. In light of his prior conduct, the coworker's repeatedly staring at the female employee and the employer's failure to stop it despite the employee's complaints could constitute actionable hostile environment sexual harassment according to court.

In sum, the California law and the recent rulings by courts clearly indicate that the conduct does not have to be "sexual" in nature in order to constitute hostile work environment sexual/gender harassment.

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OSHA's Role in Workplace Safety

Employers are responsible for protecting the health and safety of their employees. Over the past few decades several health and safety laws have been passed to ensure the safety of workers and protect them from hazards in the workplace. The Occupational Safety and Health Act of 1970 requires employers to provide a workplace that is free of hazards and to comply with occupational safety and health standards. Congress created the Occupational Health and Safety Administration (OSHA) to enforce these standards and to provide information on safety and health, training and assistance to employers and workers.

Workers in both the public and private sectors are covered by an OSHA Regional Office under federal supervision or by an OSHA program operated by their state. Twenty-three states operate state OSHA programs and they must be as effective as the federal program and provide similar protections for workers. All states conduct inspections and respond to worker complaints. The states also provide additional health and safety services such as on-site consultation for small businesses.

OSHA grants workers important rights and they have a vital role to play in the identification and correction of workplace problems. Often, once notified of a hazardous condition, an employer will correct it promptly. An employee can complain about conditions that are threatening health or safety. Complaints can be filed in person, by telephone, by fax, by mail or electronically through the OSHA website.

OSHA requires workers to comply with all safety and health standards that apply to their actions on the job. Employees should:

Follow their employer's safety and health rules and use or wear all required gear and equipment. Read the OSHA poster. Follow safe work practices for the job and follow the employer's rules. Report hazardous conditions to a supervisor or safety committee. Report hazardous conditions to OSHA if the employer does not correct them. Report any job-related injury or illness to the employer and seek treatment promptly. Exercise rights under OSHA in a responsible manner.

The Occupational Safety and Health Act requires employers to provide a safe and healthful environment free of any recognized hazards. The employer's responsibilities also include providing training, medical examinations, and record keeping.

OSHA issues standards which are rules to protect workers against many on-the-job hazards. These standards:

Require the use of certain safety practices and equipment Require employers to monitor hazards and maintain records of workplace injuries and illnesses Limit the amount of hazardous chemicals employees can be exposed to.

If an employer does not comply with OSHA standards, he can be cited and fined. An employer can also be cited under OSHA's General Duty Clause, which requires employers to keep their workplaces free of serious recognized hazards. This clause is usually cited when there is no specific OSHA standard which applies to the hazard.

OSHA has taken many steps to ensure workplace safety but the cooperation of all employees is also necessary in maintaining a safe and productive environment.

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Workplace Surveillance

One of the major factors affecting productivity in today's business environment is personal internet and computer usage, costing businesses both valuable time and money. In light of this, more and more employers are coming too close or even breaking the law in relation to workplace surveillance and it is important that they are aware of their obligations under privacy and surveillance legislation before it is too late.

The most common form of workplace surveillance is email and internet monitoring and most businesses do not realise that they have to follow specific guidelines in relation to carrying out these processes. The NSW Workplace Surveillance Act 2005 requires employers to provide employees with 14 day written notice before they can carry out any surveillance or monitoring.

The increasing range, capabilities and cost effectiveness of surveillance software makes it easy for employers to track personal use of the internet on work computers. In other words, with technology becoming increasingly sophisticated and accessible more technology-neutral legislation is needed in order to capture any further technological advances in this area.

At present, while Victoria, Western Australia and the Northern Territory have legislation regulating video or visual surveillance of private activities, NSW is the only state that has legislation that specifically covers surveillance within the workplace. However, the existing NSW legislation on workplace surveillance is regarded by many as obsolete and many are calling for new legislation. The Act prohibits all forms of video surveillance in areas such as change rooms, toilets, and showers, and prohibits covert surveillance unless the employer has obtained a magistrate's warrant. General video surveillance, however, remains largely untouched by the Act.

Increasingly we are seeing employers inadvertently breaking the law in relation to workplace surveillance as they are not correctly informed of their rights and obligations under the Act.

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Understanding Law at Work

Creative Contracts needed if - or when - new Agency rules arrive

In May 2008, the Government agreed with the TUC and the CBI to drop its resistance to the proposed EU Agency Workers Directive (AWD), providing that it gave agency workers the right to 'equal treatment' (in other words, basic pay) after 12 weeks on an assignment. In effect, its support was conditional on being allowed to continue the UK's opt-out (probably in a slightly more limited form) under the working time directive.

The UK proposal was broadly agreed at the European Council of Ministers on 9th June but it's unlikely that any implementing legislation will take effect until late 2010.

What new rights would agency workers receive?

If the EU adopts the directive, agency workers would, from week 12, be entitled to the same basic pay as comparable permanent employees. Other benefits, such as share option schemes, company sick pay and the right to join an occupational pension scheme, are not included.

Who would be a comparator?

It may prove difficult to identify a comparable permanent employee. Agency workers often do tasks that the permanent workforce is not available or qualified to perform. The legislation will have to solve these "no obvious comparator" problems because there are no plans to include hypothetical comparators. It remains to be seen what basic pay a worker with no comparator will be entitled to.

Will any temps be excluded?

The directive is vague on whether contractors - individual workers who supply their services through limited companies - will be entitled to the new rights. But it is likely to allow countries to exclude agency workers employed, and paid between assignments, by a staffing company.

Many agencies may adopt this model or engage their agency workers via so-called umbrella companies to avoid the legislation. There may be some debate about whether "minimum annual hours" contracts should fall within this exclusion. If this does not apply in the UK, chaos may ensue, because any organisation - not only staffing companies - seconding employees to end-users would be caught.

Which employer will be liable for breaches?

The duty to comply with the legislation is likely to fall on staffing companies rather than end-user organisations. Staffing companies will need full information from end-users about comparable permanent employees' pay to fulfil their obligations.

Difficulties may arise if end-users are unwilling to hand over detailed pay data, especially if they fear that employees will be poached. Also, there may be breaches of data protection law if temps and staffing agencies can work out what identifiable permanent employees are being paid.

Will the cost of employing agency workers rise?

Users of agency workers in engineering, IT and professional roles are unlikely to be affected, because these individuals probably already receive better basic pay than comparable permanent employees.

But employers with lower-paid temps will notice the difference. Staffing companies will be reluctant to swallow the extra costs if they find that they are making a loss. Either way, end-users' costs are likely to increase.

Workplace agreements about what agency workers should be paid will be allowed to override the legislation. This mechanism may actually keep employers' costs down, since agency workers are unlikely to be part of the negotiation. And will permanent employees really fight for temps to be paid as much as them?

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Investors Moving Money to Greener Pastures

A few months ago the Federal Government announced that it would be introducing a guarantee on all deposits held in Australian banks, building societies and credit unions. For those who have their money invested in various bank deposit products, this was welcome news and went a long way to easing some of the uncertainty brought on by the global financial crisis.

However, there are a large number of consumers who have their funds in alternative investment options, such as mortgage funds and cash management trusts (CMTs) for example.

As CMTs are seen to be a similar product to managed funds, both they and mortgage funds are excluded from the Government's new deposit guarantee.

Both mortgage funds and CMTs have experienced a significant increase in outflow numbers following the deposit guarantee announcement. Mortgage funds in particular have been in the spotlight recently as some $21billion worth of invested funds were frozen in an attempt to reduce the number of redemption requests.

Whilst these products have been excluded from the guarantee this does not necessarily mean that they are a similar type of product.

A mortgage fund uses investor's monies to issue mortgage loans. Investors receive the interest payments that are made on the loans, once any relevant fees and expenses have been deducted. Mortgage funds generally invest in mortgages up to five years in length and are not considered a very liquid asset as a result.

A CMT, on the other hand, is a type of unit trust that sees investor's monies pooled into high-yield strategies such as bank-backed securities and deposits. CMTs are usually involved in more short term investment options. This means that the investments are significantly more liquid when compared to a mortgage fund. Additionally, CMTs are slightly more flexible in their conservative investment options and this can result in some of the chosen investments being covered by the guarantee whilst others are not.

Since the announcement of the guarantee some of Australia's biggest CMTs have been seen to move all of their investments to government-backed assets. So for those that prefer investment options other than bank deposits, there is still some degree of safety in the CMT products.

CMTs should not be confused with cash management accounts (CMA). CMAs are a deposit account with a bank, and as such, are fully covered by the Government guarantee.

At The Quinn Group we pride ourselves on keeping up-to-date with the latest trends and strategies in the financial sector. If you would like advice on your current or desired financial and investment situation, contact us on 1300 QUINNS or click here to submit an online enquiry to our team of expert consultants.

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Reduce Your Tax Bill AND Increase Your Wealth Using Imputation Credits

Unlike income from cash or bonds, which is fully taxable at your marginal tax rate, Australian shares receive attractive tax concessions through the dividend imputation system.

Australia's dividend imputation system can reduce and in some cases eliminate tax liabilities for domestic share investors. Given companies have already paid tax at the company tax rate, investors receive an offset in the form of imputation credits, these credits are equal to the amount of tax they pay on dividends. The higher the franking level the greater the benefit.

Some companies pay fully-franked dividends, with the maximum imputation credit of 30 per cent (equal to the company tax rate). Other companies pay partially franked dividends where the imputation credit will vary depending on the amount of tax they have paid on their profits.

Grossing up the dividend yield When comparing yields across assets it is important to take into account the grossed up dividend yield (which includes franking credits). This is equal to:

Dividend per share + franking credit x 100/ current share price

This table below shows the impact of a fully franked cash dividend of $1,400 for investors on different marginal tax rates. You can see the powerful impact franking has on reducing individual taxation liabilities.

Year ended 30 June 2009

Taxable income thresholds

$0

$6,001

$34,001

$80,001

$180,001

$6,000

$34,000

$80,000

$180,000

0%

15%

30%

40%

45%

Cash distribution received (fully franked)

$1,400

$1,400

$1,400

$1,400

$1,400

Franking Credits received

$600

$600

$600

$600

$600

Taxable distribution

$2,000

$2,000

$2,000

$2,000

$2,000

Tax payable @ marginal rate

$0

$300

$600

$800

$900

Less franking tax offset

-$600

-$600

-$600

-$600

-$600

Net tax payable/(refundable)

-$600

-$300

$0

$200

$300

Effective tax rate on marginal dividend income

-30%

-15%

0%

10%

15%

Assumptions:

o Tax on distribution is levied at the marginal rate of tax o Medicare levy and surcharge are excluded from the calculations o Any other available tax offsets are excluded from the calculations

As the above table shows, investors with a marginal tax rate of 30 per cent who receive a fully franked dividend can receive their distribution totally free of tax. Investors on higher marginal tax rates can reduce their tax liability while those on the lowest rates can receive a cash refund when imputation credits exceed their income tax liability.

Dividend imputation also benefits superannuation funds, which pay a maximum of 15 per cent tax. For example, self managed super funds will receive a tax refund of $215 for every $1,000 of fully franked dividends they receive. Pension funds, which are exempt from income tax receive a full cash refund for the value of the imputation credits.

How we can help:

The Quinn Group can assist you in finding investments with high franking credits to help build your wealth in a tax effective manner.

Please feel free to give us a call on 02 9580 9166 or send us an email at nbay@quinns.com.au to find out more about how you can benefit from imputation credits.

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Do I Have a Case? Workers Compensation Guide

Many jobs are dangerous, and pose a significant risk to your life and health every day. Unfortunately, risks are often unknown to employees, and employees who do know usually don't have the luxury of finding a different job. Workers' compensation exists to protect the rights of employees who are injured or killed on the job.

Most people aren't aware of what to do and what not to do if they are injured at work. If your employer is denying you benefits, this guide presents some key factors that can determine whether your case for workers compensation is valid.

Did you report the injury immediately?

Perhaps the single most important factor in workers compensation cases is the timing of the injury report. You must report your injury as soon as possible after the incident occurred. While notifying the company in writing is best, simply telling your supervisor verbally that something happened often makes or breaks a case. You must report your injury within 21 days to have the strongest case, although your case may still hold if the injury is reported within 120 days. Nevertheless, the absolute best course of action is to report your accident and injury the same day they occurred to your supervisor or manager!

If you were injured last year but your symptoms just appeared, the clock starts on the day your symptoms became apparent. Thus, you should still notify your supervisor if symptoms have appeared that may be a result of an injury or exposure that occurred a long time ago. Nevertheless, if you suffer an injury, however minor you think it is, even if you do not miss time from work, and even if you receive no medical treatment, it is very important to still report your accident on the same day it occurred to protect your rights in the future!

Did you recognize your injury for what it was?

Many people know that losing a finger or an arm in an industrial accident is an injury, but many injuries and diseases are less obvious. For example, if you gradually lose 10% of your hearing or more, you may be able to prove that your hearing loss was caused by your work environment. In addition, certain occupational diseases may be compensated.

Likewise, an exacerbation of an existing injury is often basis for compensation. If you were being treated for heart problems, and lifting boxes during your job precipitates a heart attack, you are still entitled to compensation. If your employer attempts to block compensation by claiming that you had an "existing illness," contact an attorney immediately.

Did you comply with your employer's doctors?

Your employer has the right to require you to select a doctor from a list for your treatment. You must be treated by a doctor from that list, and you may not visit your own doctor unless allowed to do so by your employer. On the other hand, the employer may not tell you which doctor on the list to select - you can be treated by any of the doctors. Also, doctors sometimes don't ask whether your injury was related to work and patients forget to mention that it was. Make sure that your doctor knows that your injury occurred at work. However, if your employer fails to comply with certain workers' compensation rules, you may be able to treat with your own doctor immediately. Contact a lawyer as soon as possible.

Follow the doctor's instructions. Take all medications, participate in physical therapy, and visit the doctor regularly. If you don't, the employer may refuse payment on the grounds that you did not follow the doctor's orders.

Did you sign a Final Receipt?

A Final Receipt is a form that certifies that you have recovered fully from your injuries and that you are able to resume normal duties as if you had not been injured. Often, employers will try to get you to sign a Final Receipt at the time you return to work.

You should contact an attorney before signing a Final Receipt or any other document. For example, you may still be eligible for benefits if you must work reduced hours as a result of your injury. If you still have pain, or if there are lasting scars, signing a Final Receipt will require you to file a petition to reopen your case if you need to pursue further action.

Did you submit to a medical examination?

Employers and insurance companies may request that you submit a a medical examination in order to continue receiving benefits. However, it's possible the doctor performing the examination will declare you fit to work and stop your benefits. You may have a right to refuse such an examination, and should talk to an attorney about your options should an exam be requested.

Did you work somewhere else after you were injured?

Taking another job, even if it is part-time or "on the side," can reduce or stop your compensation payments. Working in another job, especially if you are performing functions that are similar to those expected at your previous position, can indicate that you are fit to return to full employment and no longer require compensation.

There are notification requirements in some cases of taking employment, and failure to file a report can result in legal jeopardy. Contact an attorney before you take in any outside income from any job, no matter how minor, to determine if doing so would result in lowering your benefits or if notification is required.   Did you make an attempt to gain employment?

If you are physically able to return to work, the law requires that you try to obtain a job that is within your limitations. You are required to apply to jobs at other companies recommended by the employer's rehabilitation counselor. You must be truthful at these job interviews and make an effort to become employed. You should keep a record of every job to which you applied, including the dates and times of interviews, to back up your case if the employer decides to stop benefits. Before talking to a rehabilitation counselor, or an insurance adjuster, contact an attorney immediately.

Did you watch what you say to your employer?

What you say to your employer can be very important in workers' compensation cases. For example, if you are planning to retire and state that you have no plans of ever working again, your employer can use your statement in court against you to stop compensation.

Did you investigate the circumstances surrounding the incident?

Immediately after an incident occurs, evidence is often present that can back up your case. Often, the evidence will reveal exactly who is at fault for the accident. If there are witnesses to the incident, obtain their names and contact information. If possible, take pictures of the scene or have someone else do so.

Evidence tends to disappear over time. The scene is cleaned up, the equipment involved is used by other people, witnesses forget, and so on. It is important to gather as much information about the incident as soon as possible in order to prevent information from being lost that could help you.

You may also be able to sue someone other than your employer for negligent conditions. An attorney can assist you in determining who else can be sued in relation to the incident.   This guide is for informational purposes only and is not intended to provide advice for any specific case.

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Labor Unions

Many workers are members of labor unions. A labor union is an organization of workers, usually working for the same employer at the same workplace. Labor unions try to get a "collective" contract for their workers.

The laws governing labor unions are very complicated. Therefore, if you are faced with a union "organizing" drive at your workplace, you should contact a labor lawyer immediately to make sure that your response to the organizing drive is legal.

What is a "union contract"? Are non-union workers covered? Do I have to provide employees with a copy of the contract? Will the union contract limit my right to fire an employee? What is a "grievance"? What is a "union contract"? If your employees belong to a labor union, they probably already made a "union contract" - also called a "collective bargaining agreement" - with you. That contract covers wages, working conditions, and procedures for complaining about problems on the job.

Are non-union workers covered? It's possible, because most unions bargain for a contract that represents all of the other employees at the workplace - whether or not they are actually members of the union. If a worker is covered by a union contract but is not a member of the union, it is possible that the worker will still have to pay the union a fee for negotiating the contract.

Do I have to provide employees with a copy of the contract? It depends. Usually the terms of the contract cover your obligation to provide a copy of the contract to the employees. Often, you are supposed to provide the employee with at least one copy of the contract.

Will the union contract limit my right to fire an employee? Probably. Union contracts usually provide that workers can't be fired, suspended, or disciplined without "good cause." That rule is usually found in a section of the contract titled "Grievance Procedure" or "Discipline."

If an employee thinks you didn't have "good cause" to fire or discipline, he or she generally contacts the union. The union may decide to file a "grievance" for the worker against you. If the union files a grievance against you, you should see an attorney who specializes in labor law, who should help you decide how to defend against the grievance. If you have questions about labor unions, contact a business lawyer near you.

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